WRS and EEA FP

[Bittersweet]

Hello,

I am an A8 national and my spouse is a non-EEA national. I am moving to the UK as an employee.

1. I am required to register with a Worker Registration Scheme. Home Office issues a registration card and a registration certificate. I will be holding a temporary employment contract and the employer renews it when it finishes. My question is if my temporary employment contract finishes and my employer renews it for a new period, do I have to re-register with HO and get a new registration certificate? You have to consider a fact that employer, job position and work place stay the same.

2. Applying for EEA FP, my spouse has to provide a copy of my passport endorsed by my embassy in the country of application. What does it mean "endorsed"? Do I have to notarise or to legalise a copy of my passport in my embassy in the UK?

3. EEA Regulations 2006 does not provide much information about an initial right of residence and it seems quite indeterminated so I think it is better to apply 3 months later when I have to be a qualified person. I have read that the temporary employment contract makes me a qualified person but at the same time I must guarantee sufficient resources to support myself and my spouse as not to become an unreasonable burden on the State. What do they mean by sufficient resources? Do I have to have not only a job but also a specific amount of savings in my bank account as to prove that I and my spouse would not become an unreasonable burden on the State?

Waiting for your replies. Thank you guys.

[86ti]

You are aware that the WRS scheme will become obsolete beginning May this year?

The initial right of residence, I would think, is clearly regulated in the Regulations. Unfortunately, some UKBA staff have problems reading those bits properly (when you make the mistake and declare in the application form that you intend to stay longer than 3 months).

Savings are not required for a worker. It will simply depend on your income. There is (and there cannot be) a fixed sum you will need.

[Bittersweet]

You are aware that the WRS scheme will become obsolete beginning May this year?

The initial right of residence, I would think, is clearly regulated in the Regulations. Unfortunately, some UKBA staff have problems reading those bits properly (when you make the mistake and declare in the application form that you intend to stay longer than 3 months).

Savings are not required for a worker. It will simply depend on your income. There is (and there cannot be) a fixed sum you will need.

Thanks for your reply. Yes, I have heard that WRS will finish at the end of April this year. In 2009 everybody was also thinking that WRS will finish; however, the UK decided to continue it. I know that Accession Agreement does not allow restrictions to continue for more than 7 years but maybe the UK will decide to break this agreement and continue WRS like it did last time. Who knows. So in this case I must be ready and aware of WRS and how to handle with my temporary employment contract.

So just in case does anybody have an answer to my first question?

Coming back to the initial right of residence. It means that it is very important to point out 3 months of intended stay in the application form. I am going to the UK first and until I make all documentation and get my own appartment it will take 1-2 months. If my spouse decides to apply using an initial right of residence to join me in the UK, does it mean it can be too late to apply because only 1 month left out of 3 of initial right of residence? So until the embassy takes the decision it might pass another month and they might want to see my evidences as a qualified person after 3 months. Does it mean in our case is better to apply after 3 months?

What do you mean by saying "there is (and there cannot be) a fixed sum of money you will need"? So there is or there is not? If there is a fixed sum of money I need to earn a month as to support myself and my spouse, so I would like to know it.

You also mentioned that everything depends on my income. So if my income are low, does it mean I will have to show my savings in addition?
In case I work part-time, how much savings should I show?

By the way, could somebody help me to find a document or a law that clearly states that non-EEA spouse does not need to provide his social, professional or economical ties to his home country. I found some documents stating this but it is from Schengen laws and the UK is not participating in it so it cannot be assigned to the UK. What about other documents which would be valid for the UK? It would really help me a lot.

I am really waiting for all your advices. Thanks.

[SunBlue]

Accession Agreement does not allow restrictions to continue for more than 7 years but maybe the UK will decide to break this agreement and continue WRS like it did last time.

The UK never broke any agreement previously as the rule is 7 years.

[86ti]

Accession Agreement does not allow restrictions to continue for more than 7 years but maybe the UK will decide to break this agreement and continue WRS like it did last time.

The UK never broke any agreement previously as the rule is 7 years.

Yes, exactly. I think it was not straight seven years but a series of shorter extensions but this one is certainly the final one and WRS will be history soon.

[86ti]

http://www.ukvisas.gov.uk/en/ecg/eunationalsschemes/
http://www.ukba.homeoffice.gov.uk/eucit ... ionscheme/

[Bittersweet]

Thanks, guys. So let's hope WRS will really finish as you say and I won't need to worry about how to re-register or not to re-register my temporary employment.

I have read the links but still I have questions about how to apply as a qualified person and about my temporary contract. EEA FP application form requires to write how long my spouse intends to stay there. Is it better to write 6 months or permanently? What about if he writes 6 months and my temporary contract lasts 3 months? Is it matter? Or the embassy will search for the proofs of sufficient resources for the rest 3 months when my temporary contract will be finished? This is quite tricky and I really need your opinion.

And in general, how does UKBA look at temporary contracts?

[86ti]

What the UKBA can legally ask for is to show valid IDs and a proof of the relationship. Other questions simply have no legal basis. This has been acknowledged by the UK government. It's your choice whether you want to answer those questions or not. Just be aware that when you say you intend to stay longer than three months a "clever" ECO may think that they have the right to check whether you are a qualified person or not. If you already are at this stage because you have relocated to the UK and have been there for 3+ months then that would be justified and you must include all work related proof.

[Bittersweet]

What the UKBA can legally ask for is to show valid IDs and a proof of the relationship. Other questions simply have no legal basis. This has been acknowledged by the UK government. It's your choice whether you want to answer those questions or not. Just be aware that when you say you intend to stay longer than three months a "clever" ECO may think that they have the right to check whether you are a qualified person or not. If you already are at this stage because you have relocated to the UK and have been there for 3+ months then that would be justified and you must include all work related proof.

Thanks for reply. As I am now relocating to the UK so I think it will happen for us 3+ months version. It means I'll have to add work related proof. The thing I do not understand, is it enough to have a temporary employment contract? My spouse applies for a family permit and indicates that he intends to stay 6 months or permanently and ECO will see that from the date of application my employment contract lasts only 3 months. As the family permit is given for 6 months, won't ECO refuse us because when the contract finishes he might think I can become a burden on the State? What I want to say, if the family permit is given for 6 months, should I prove that I have work for all 6 months? In this case it would mean that my temporary employment contract is not suitable.

[86ti]

The EEA FP is always valid for 6 months. It doesn't matter how long he will say he will stay because you will have to demonstrate to be a qualified person regardless. At the time of application you will be (hopefully). I do not know if an ECO will reject the application when the work contract ends so soon or whether they would actually have the right to do so. But a contract of just a few months is also for practical purposes not a very stable basis for a future life in the UK.

[Bittersweet]

Yea, I know that but in the beginning it is hard to get a permanent contract and many people are working on temporary contracts which can be renewed. The law says I just need to be a worker but who knows what an ECO says. Have you heard somebody applied on a temporary contract? I might get a contract valid for 6 months but until I fix myself and find my own accommodation it might pass 2-3 months so then we have to use 3+ months version. Or would you suggest to apply earlier? But in any version I must have my own accommodation?