family permit please help

[malwaz]

I have some questiones about family permit visa for my husband. My husband is Turkish. We living together in Poland since two years (i am Polish). One month before I finished my studies. I am an architect and I get some invitations for interview in London. I would like to go there together with my husband and star work. I've read almost everything about uk visas regulations. During my studies i wasnt work and i was getting financial support from my parents.
I am thinking if we can apply for family permit visa just with my invitations for interviews or I should have already shure work???

[John]

As a Turkish citizen, and therefore a Visa National, your husband cannot just travel to the UK without having some sort of visa or permit in his passport.

And you being Polish, you are subject to the Worker Registration Scheme for the first 12 months you work in the UK.

Nevertheless your husband should apply for an EEA Family Permit. Click here for more detail. The EEA Family Permit will be of 6 months duration. Near the end of that it will be necessary for your husband to apply for an extension in the UK. Ordinarily the form EEA2 would be used for that purpose, but instead, because you will be registered under the WRS, form FMRS will need to be used.

The EEA Family Permit, and the extension granted in the UK, will both allow your husband to legally work in the UK.

Hope it all works out for you. And finally note from the link provided above, the application for the EEA Family Permit can be made in Warsaw, and indeed applied for online.

[malwaz]

Thank you so much. If they will refuse him family permit visa when we can apply again?

[John]

The answer is "yes", but there is no reason why the application for the EEA Family Permit should be refused. The marriage is clearly genuine ... not a marriage of convenience .... and as long as your husband is not on a blacklist of international terrorists ... and you are going to be exercising your Treaty Rights ... the EEA Family Permit should be granted.

[Saykocan]

I have questions about the family permit too, so I thought I'd post on this topic instead of opening a new one at this time.

Does the EU citizen have to start working before she can get her non-EEA spouse into England on a family permit? And if so, does she have to have worked for a certain period of time? I really don't get the deal with that workers registration scheme issue.

(EU citizen = Lithuanian)

[John]

Does the EU citizen have to start working before she can get her non-EEA spouse into England on a family permit?

No, but they need to start to exercise their Treaty Rights in the UK within 3 months, and certainly before the non-EEA family member(s) apply for their extension in the UK.

For an A8 national who is employed, it is a requirement to register on the WRS before the family member(s) apply for the extension in the UK.

As a Lithuanian you will also be subject to the WRS for the first 12 months.

[Saykocan]

Thanks John, you rock.

One question still standing though, what difference does WRS make for that 12 months? I mean, say, what is the difference between what happens to a Dutch national and what happens to an A8 national during the 12 months? Same rights with the addition of having to officially register? Or..?

[John]

Saykocan, I think it comes down to this. The Dutch national you mention will be exercising their Treaty Rights to be employed in the UK. However you have no such Treaty Right .... yet ... thanks to the provisions of the accession treaty.

Nevertheless the UK allows you to be employed ... as long as you register under the WRS. After 12 months on that, the UK concedes that you can have a standard EEA-Citizen's Residence Permit .... like the Dutch Citizen could have applied for as soon as they arrived and started working.

Does that help?

[Saykocan]

It sure does, thank you!

Just so you know, I'm not the Lithuanian citizen in question, my girlfriend is. And obviously we have plans on moving to England together at some point.

What I understand from your words is, once we're married, I can move with her before she gets a job, but she has to get a job within 3 months. Then we wait 6 months, and provided that she's still employed at the time, we can apply to extend our status. During that process, I am also allowed to work at all times. Please correct me if I'm wrong up to here.

What changes once she's been working there for 12 months though? Does she or do I get to apply for a different type of permit/visa then?