Change in status after Applying EEA1 & EEA 2

[runie80]

Hi Everyone,

I have another dilemma now and I am turning to house of wisdom for help.

as many of you old and experienced members are aware that me and my wife applied for EEA1 & EEA 2 in December on the ground of my wife being self sufficient.

I sent home office all the documents requested along with EEA1 & EA 2

Since then we have received the letters which i posted HERE

Now my wife has secured a job and she has started working there full time since last 2 days.

What i would like to know is how its going to affect our EEA1 & EEA2 Applications.
Also how much time do we have to complete the WRS form if we have to.

Also i want to know that if i apply FMRS which is mentioned Here

Will it make things Faster or complicated for me or will it be quick ?

or should i just wait for the HO to reply me and take no action.

Sorry for asking soo many questions

Or i am missing something completely here


Me Pakistani
Wife Polish
in uk on FFA FP which expired after i applied EEA1 & EEA2

[Directive/2004/38/EC]

It may not be that you have to even mention it. You are certainly free to change what you are doing and how you do it while you live in the UK.

At the same time, it would not hurt for your EU wife to send a letter to be added to your application saying that she is now working. She should likely include some evidence of that, like a pay slip or a letter from her employer.

[vinny]

I think that her working may complicate things.

If your wife is self-sufficient then she may apply for a Registration certificate and you may apply for a Residence card (European Casework Instructions > Chapter 7 - Accession State Nationals (3. A8 NATIONALS)).

However, if she's working, then she may need to register under the Worker Registration Scheme and

If you are a national of Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia or Slovenia you are not eligible to apply for a registration certificate until you have completed 12 months continuous employment in the United Kingdom.
......
Family member residence stamp

Non-EEA national family members of nationals of Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia or Slovenia are not eligible to apply for a residence card until the EEA national has completed 12 months continuous employment in the United Kingdom. Non-EEA national family members can apply for a family member residence stamp to confirm his/her right of residence under European law.

Applications for a family member residence stamp should be made using application form FMRS. This can be downloaded from the right side of this page.

[Directive/2004/38/EC]

I think that her working may complicate things.

I don't see why it would necessarily complicate things.

She is still presumably self sufficient, and it is on that basis that the application was made. The barriers to getting a Registration certificate while self sufficient are higher than those for a worker.

I would be surprised if a Registration certificate applied for on the basis of self sufficiency had any restriction on the right to work. I would be shocked if a Residence Card applied for on the basis of self sufficiency had any restriction on the right to work.

In general, EU citizens and their families can go to another member state planning to do one thing, for instance visit for a few weeks, and then decide to do something different, for instance work or study. At any given time you need to satisfy the legal requirements for what you are presently doing in the country. Sometimes, as in this post, you fall under several categories and have a choice.

[runie80]

Thanks Vinnay & Directive/2004/38/EC for your replies.

I think Directive/2004/38/EC suggestion holds more weight.I arrived here on EEA FP and I made a full declaration of my intention to reside here longterm.

My wife likes the job as it was very much suitable for her career and she decided to accept that.

She has the right to work,study and reside as self sufficient in UK.

We were using right of self sufficiency before and now she would like to work so she can use her right to Work.

I don't think it should effect my position in anyway.

Thats how i feel after reading all the documents and related material.

Keep comments coming



I also read this

Do I have a right to live and work in the UK?
European Community law gives EEA nationals a right to live and work in the UK. This is called a right of residence.

You have an initial right of residence in the UK for three months if you are an EEA national. You would lose this right of residence if you or your family members became an unreasonable burden on the social assistance system of the UK. Which is not the case with me

If you are an EEA national and you want to live in the UK for more than three months, you must be a 'qualified person'. A qualified person means an EEA national who is in the UK as:

* a jobseeker
* a worker
* a self-employed person
* a self-sufficient person (someone who can support themselves financially), or
* a student.

You do not need a work permit to work in the UK but you may need to register as a worker under the Worker Registration Scheme (see below).