Is there light at the end of our tunnel? Croatia...

[Nicola1]

Hi again,

As I've mentioned before, my SA husband also holds a Croatian passport, however, we weren't counting on this being much help due to various work restrictions that have historically been placed on other EU member state members.

However, whilst browsing the UKBA website again, I came across these two documents:

http://www.homeoffice.gov.uk/publica...nt?view=Binary

http://www.homeoffice.gov.uk/publica...nt?view=Binary

WHO WILL BE SUBJECT TO THE WORK AUTHORISATION REQUIREMENT?
10. In principle, any Croatian national who intends to take employment in the United Kingdom will be subject to the work authorisation requirement. However, the following (this is not an exhaustive list at this stage) will be exempt from the requirement:
• those Croatian nationals who are legally present in the UK on the date of accession and who, on that date, are not subject to any restrictions on working (for example, those Croatian nationals who have already been granted settlement in the UK);
• those Croatian nationals who are legally working in the UK on the date of accession and have been legally working for an uninterrupted period of 12 months ending on that date;
• those Croatian nationals who work legally for an uninterrupted period of 12 months falling partly or wholly after the date of accession;
• those Croatian nationals who are also a national of the UK or of another Member State whose nationals are not subject to similar restrictions;
those Croatian nationals who are also the spouse or civil partner of a national of the UK or the family member of an EEA national who has a right to reside in the UK, except where that EEA national is subject to work authorisation;
• those Croatian nationals who are posted to the UK by a business established on the territory of another Member State.

The bolded part applies to us doesn't it? The legalese confuses me, but I'd love to hear your thoughts and comments?

However, I still highly doubt he'd be able to obtain a job before we arrive in the UK (he had several meetings with agencies whilst we were there in August who all advised that he needs to be in the country). Which visa should he apply for? I don't see anything on the website and the skilled visa options appear to be closed?

[Lucapooka]

Hello again, who? You have not mentioned your immigration status. If this is part of some on-going discussion where relevant facts have been disclosed, please consider continuing in that thread.


Read this thread for an explanation of the reasons for this request.
http://www.immigrationboards.com/viewto ... highlight=

[Nicola1]

Hello again, who? You have not mentioned your immigration status. If this is part of some on-going discussion where relevant facts have been disclosed, please consider continuing in that thread.


Read this thread for an explanation of the reasons for this request.
http://www.immigrationboards.com/viewto ... highlight=

Hi, sorry, will revise now.

PS, I call my son Luca pooka

Short history, I'm British (by birth), my two son's are currently applying for British passports. Been married to a SA man for 6 years and hoping to relocate back to the UK next year.

[Nicola1]

Sorry for cross posting, I thought it would be more logical to post a different subject with our new information, however, herewith an older post of mine with more information:

http://www.immigrationboards.com/viewtopic.php?t=114125

[Jambo]

If you are willing to move after July 2013, then yes. Normally spouses of British nationals are exempted from work authorisation required by nationals of the new member states.
In any case, Croatian would have no problem moving to live in the UK. It is just a question of eligibility to work.

[Nicola1]

If you are willing to move after July 2013, then yes. Normally spouses of British nationals are exempted from work authorisation required by nationals of the new member states.
In any case, Croatian would have no problem moving to live in the UK. It is just a question of eligibility to work.

Thank you very much, we can wait until July 2013. We had to wait 6 months in any event to prove that we had sufficient savings in the bank for 6 months so an extra month or two will make no difference!

Could you clarify re work eligibility? My husband is a banker with an MBA (although not one of the 50 recognised universities on their MBA visa programme).

Which visa would he need to apply for being married to a Brit? All of the work visa options appear to be closed?

[Jambo]

There is no need to apply for a visa. EEA nationals don't need a visa.

From July 2013, he would just need to show his passort to enter the UK. He will also be exempted from work authorisation which means he just needs to show his passort as proof. If he wishes, he can apply for (free and optional) blue registration certificate which can be used as proof of his eligibility (but as I said this is optional).

[Nicola1]

There is no need to apply for a visa. EEA nationals don't need a visa.

From July 2013, he would just need to show his passort to enter the UK. He will also be exempted from work authorisation which means he just needs to show his passort as proof. If he wishes, he can apply for (free and optional) blue registration certificate which can be used as proof of his eligibility (but as I said this is optional).

Hi again,

Thank you so much for taking the time to reply to me.

I understand that he can enter for up to 6 months, but under what law or sub-section is he able to work, or is that based on being married to me? Could you kindly point me to the relevant documentation/website in order to save and print?

How can he apply for the blue registration certificate just to be on the safe side? On the UKBA website, the relevant forms links to the Romanian/Bulgarian applications.

Many thanks

[Jambo]

You misunderstood. There is no 6 months limit for EEA nationals. They just show their passport (or ID card) at the border and enter. The same way a Brtish citizen would do. They don't get a stamp in their passport and are not limited in their stay in the UK.

I guess the HO website would get updated with the relevant information for Croatian when we get closer to July.

You have already posted the relevant sections about his exemption from work authorisation. As I said, all that he needs to do is to show to his employer his passport (and maybe a marriage certificate and your passport). Nothing else is required.

[Nicola1]

Yes, I'm afraid I have misunderstood. Some sections read (to me) to be contradictory...ie:

8. After 1 July 2013, Croatian nationals will no longer be subject to immigration control and will have an unrestricted right to enter and reside (but not to work) in the UK for up to 3 months. They will therefore no longer require leave to enter or remain in the UK, whether or not they intend to take employment.
9. Under the transitional restrictions which the Government intends to introduce, Croatian nationals will instead be subject to a requirement to obtain work authorisation if they intend to undertake employment in the UK. Where they are required to obtain such work authorisation, a Croatian worker will be able to work legally and will have a right to reside beyond 3 months as a worker only where such authorisation has been granted by the UK Border Agency, and will not have a right to reside as a work seeker. It will be necessary to obtain such authorisation before the worker commences employment in the UK. As explained below, authorisation will only be granted to those Croatians who meet the requirements for skilled economic migrants, as obtained for Tiers 2 and 5 of the Points-Based System at December 2011.

[Nicola1]

There is no need to apply for a visa. EEA nationals don't need a visa.

From July 2013, he would just need to show his passort to enter the UK. He will also be exempted from work authorisation which means he just needs to show his passort as proof. If he wishes, he can apply for (free and optional) blue registration certificate which can be used as proof of his eligibility (but as I said this is optional).

Hi again,

I think we should apply before arrival to ensure all is set up and ready to start job hunting. Do you know where one goes to apply for the blue registration certificate?

Kind regards,

[Jambo]

I feel you still don't get it.

From July 2013, your husband (who is exempt from work authorisation) would enjoy similar rights to live and work in the UK to those a British nationals (or other EEA nationals) have. There is nothing to apply before he arrives to the UK (it is also not possible to apply before he is in the UK). He just need to show up and start looking for a job. He doesn't require any permission, in the same way that you, as a British national, don't require one.

If he wishes to, once he is in the UK, he can apply for confirmation of his right. This is confirmation of rights, not a request for permission. The application for the registration certificate takes around 2 months. For the HO to be able to confirm his rights by issuing the certificate, the easiest way would be for him to be in employment so he would need to find employment in order for the HO to confirm his right to work..... There are other options to get the residence certificate but I would not even bother as it is not required.

[Nicola1]

Thank you for your patience and explaining the process to me.

I can't believe it's turned out to be so easy for us after all of this time

[michal123]

Yes you are right. Maybe you took the wrong tunnel and ended up where your supposed spiritual vision was really suppose to be, in the dark.