Non EU National marrying EU national in UK

[tripping_donk]

Hi,

I am getting married to my girl friend on 27th July 2012. She is Spanish and I am an Indian. I have been in the UK for close to 3 years now and my visa expires in Sept. Initially, I was on a student visa and since then I have been working in the UK on a PSW visa.

She did her undergrad studies from UK and has been working in the UK since then. In total, she has been in the UK for more than 5 years.

I was reading the EEA2 application and it mentions that it is voluntary for me to apply.

If that is the case, do I need a visa to stay and work in the UK? If not, is there any paperwork that I need to present to my employer confirming my right to work in the UK?

Many Thanks

[Lucapooka]

You don't need to apply for a residence card but it will help employers and Govt. services (the NHS for example) see your residence rights at a glance. Obviously, for the application, you will have to show that your EU partner is exercising treaty rights while being resident in the UK. If she has acquired PR (by exercising treaty rights for an unbroken period of five years) she will have to prove this also.

[tripping_donk]

If I do not apply for a residence card, then proof do I have to show my right to work in the UK.

Is a marriage certificate enough?

[Lucapooka]

No, because a marriage cert does not indicate that your partner is in the UK and is exercising treaty rights or has PR.

[Jambo]

Apply for residence card using EEA2 once you are married. Employers are not immigration experts and would expect to see a proof from the HO that you are eligible to work.