Non-EEA family member + Work + Residence Card

[habibcs]

Hi, I need assurance on what I am proceeding with.
I am non-eea (Pakistan - visa national ) family member (husband) of an eea-national (Denmark) currently living in Copenhagen for just above a year.
Now I have a decent job offer in London and planning to relocate, company assist also in relocation.
For this me and my wife both have to resign, and move to London.
I am applying for EEA_FP and will join the work the next day when I move there and work will assist me to create my NI. I will have 2 weeks to get my residence (rental apartment). Following this, I want to apply for Residence Card (+ driving license + other important things?) on ASAP basis so that I will be able to travel in-out UK without the need of my wife to travel along and to settle down soon.

I am to Apply EEA FP with the reason to Visit UK but then I will be joining the company soon within a day - to - a week.
I will have a job but my wife, eea-national wont. And soon I want to apply for Residence Card (how much time to get residence stamp on my passport and how many days so that when will i be able to travel outside uk) - For residence card, will I also need to apply registration certificate for my wife for me to qualify for residence card?

Can my wife first go with me on EEA FP and I get/apply residence card within a month and then she can go back to Denmark for 3 months and then join me back in London for long term ? Or we have to stay together in London since start of EEA_FP + (when we apply for) EEA residence card?

Note that she is danish citizen and they do not have photo ID card, but they have driving license with photo but she would not wish to submit her passport or driving license to UKBA for 6 months.

Summary: To go on EEA_FP, and non-eea family member join job, apply for residence along with eea-family member and then eea national go out of UK for 3-6 months and then come back again and in meanwhile any possibility for me (non-eea family member) to be able to fly outside UK i.e to Denmark to visit her.

Is it all legal and possible what I am thinking above?

I have tried to search this forum couple of times, closest to my situation is this one : http://www.immigrationboards.com/viewtopic.php?t=107422
But in that case it is EEA national getting job, which is opposite to my case.

Thanks!

[Jersey]

Can my wife first go with me on EEA FP and I get/apply residence card within a month and then she can go back to Denmark for 3 months and then join me back in London for long term ? Or we have to stay together in London since start of EEA_FP + (when we apply for) EEA residence card?

You need to apply to EEA FP before coming to UK. Once you get it, you can travel either with her or on your own. Once you are in the UK, you will need to apply for a residence card, but technically because you will already have your EEA FP you can work with no restrictions.

Note that she is danish citizen and they do not have photo ID card, but they have driving license with photo but she would not wish to submit her passport or driving license to UKBA for 6 months.

If you want to get a residence card, you will have to submit her Passport, because UKBA need evidence of your relationship and of her ID. Just follow the rules of UKBA and you will be fine.

[Jambo]

Summary: To go on EEA_FP, and non-eea family member join job, apply for residence along with eea-family member and then eea national go out of UK for 3-6 months and then come back again and in meanwhile any possibility for me (non-eea family member) to be able to fly outside UK i.e to Denmark to visit her.

Is it all legal and possible what I am thinking above?

As long as the EEA national is permanently moving to the UK and not just dropping you off and going back to Denmark, this is legal. The EEA national is allowed to be outside the UK for up to 6 months a year without breaking residency.

You should be aware that the UKBA are not very quick in processing applications. Even if your wife will ask to get her passport back straight after applying, she is looking at 3-4 weeks without a passport.

[habibcs]

Thanks for your answers.

Can we come to UK on EEA Family permit, stay for 1 month, and she goes back to Denmark for 2 months and then join me back (and all the while I am working in UK) and then we apply for registration certificate + residence card together?

Does this mean that she is exercising EU treaty rights if I (non-eea family member on EEA FP) is doing full time work (37.5 per week) and referred to as self-sufficient? (to become basis for residence)

[Jambo]

Can we come to UK on EEA Family permit, stay for 1 month, and she goes back to Denmark for 2 months and then join me back (and all the while I am working in UK) and then we apply for registration certificate + residence card together?

Yes

Does this mean that she is exercising EU treaty rights if I (non-eea family member on EEA FP) is doing full time work (37.5 per week) and referred to as self-sufficient? (to become basis for residence)

This is one way of exercising treaty rights. You will also need EHIC from Denmark or a private health insurance as self-sufficient requires Comprehensive Sickness Insurance (CSI).

[habibcs]

Thanks again for quick and clear responses.

We will be applying together for EEA1 and EEA1.
On my job after probation of 6 months, I will get private medical insurance for me and spouse, till that time I will buy CSI for myself before applying.

on EEA1 application it says:

The EHIC is only valid when your stay in the UK is on a temporary basis. Therefore if you do provide your EHIC as proof of comprehensive sickness insurance you should also provide a covering letter stating whether it is your intention to stay in the UK on a temporary or permanent basis and your reasons for this.

Does she has to buy CSI as well? Or can she mention that she will use EHIC for first 6 months and then based on my job contract (attached to application) tell that she will be covered separately for CSI without the EHIC?

[Jambo]

Does she has to buy CSI as well? Or can she mention that she will use EHIC for first 6 months and then based on my job contract (attached to application) tell that she will be covered separately for CSI without the EHIC?

CSI should cover both of you. Just state your intentions are temporary.

The requirement for a statement of intentions is just another example of HO not being able to deal with the EEA regulations.

Under EEA regulations, CSI is required for self-sufficient. The UK view is that NHS (the national health system) is not enough and that a private insurance is required. The European Commission is currently challenging this view. The UKBA was forced to acknowledge EHIC as CSI so they now require you to state that your stay is temporary (as EHIC is supposed to only be used as temporary insurance between member states).

Now, if you state that your intentions are temporary for 1 year and then stay and live in the UK for 5 years (with CSI valid), then you didn't do anything wrong and you will obtain Permanent Residence even if you had EHIC for all this period.

[habibcs]

So is EHIC considered as CSI for an EEA national (with temporary intentions)?

For non-eea family member I will buy personal CSI from within UK.
--
My wife can go on leaves to Denmark for up to 6 months just in case, for example pregnancy or like.. and that would be considered legal.
Is the full pregnancy treatment covered under EHIC? otherwise how she would be able to do partial treatment in UK and partial treatment in Denmark (for any kind of treatment) - wouldn't they consider that as exploiting the benefits from two countries? (as she will have residency in UK)

[Jambo]

As a resident in the UK, you are entitled for full health cover including antenatal treatment.

CSI is required to meet the HO requirements to be considered under EEA regulations.

The HO will not check what health services you actually used, they will just ask for proof of the insurance.