EEA Family - I'm so confused..... please help

[ryder950]

I'm so confused.....

My wife is Italian. We had lived in the UK for 3 years while I was working for HP as an American on a US government contract. I had a work visa at the time. Then I got a job in Italy and got a VISA for Italy and we moved there for a little over a year. Then we moved to the US where I'm from in Florida. We have been here for a little over 3 years. I'm American.

Here is the deal..
We would like to move to London and work. I'm a Network Engineer and every time I apply for something in London, they always say the same thing. Do you have a right to work in the UK. Of course, I say " My wife is EU and I would qualify for a EEA FP" Here in the states to can expedite the EEA FP by using a service that takes 8 days.
After reading, I'm not so sure I qualify because my wife is not currently in the UK working? We also have a 10 year old son and we have been married for 11 years. I'm not sure what to dot . All I know is that there must be a way for us to get to London because companies love my resume and I miss Europe and my wife does too.

Does this make sense? Do you guys think I can get a FP? Do I qualify?

thanks for the help.
Ryder950

[Obie]

If you will be moving with your wife and she decides to work in the Uk, or have sufficient resource and a Medical insurance, then you should succeed.

[noajthan]

I'm so confused.....

My wife is Italian. We had lived in the UK for 3 years while I was working for HP as an American on a US government contract. I had a work visa at the time. Then I got a job in Italy and got a VISA for Italy and we moved there for a little over a year. Then we moved to the US where I'm from in Florida. We have been here for a little over 3 years. I'm American.

Here is the deal..
We would like to move to London and work. I'm a Network Engineer and every time I apply for something in London, they always say the same thing. Do you have a right to work in the UK. Of course, I say " My wife is EU and I would qualify for a EEA FP" Here in the states to can expedite the EEA FP by using a service that takes 8 days.
After reading, I'm not so sure I qualify because my wife is not currently in the UK working? We also have a 10 year old son and we have been married for 11 years. I'm not sure what to dot . All I know is that there must be a way for us to get to London because companies love my resume and I miss Europe and my wife does too.

Does this make sense? Do you guys think I can get a FP? Do I qualify?

thanks for the help.
Ryder950

Hey there, welcome.
EU free movement was in fact made just for you.

Yes, you do qualify for a FP to join or move with your EEA spouse/sponsor. Note the move with option.
In fact as a US citizen you don't even need to apply for FP, although it would smooth your way to have one.

Once here you all have a 3 months grace period to get settled in.
FP confirms a right to work ofcourse.
Then you may apply for a RC to confirm your ongoing status, assuming wife is a qualified person (eg by working) after the initial grace period.
Your activity is in fact immaterial, you could study or do nothing just as much as work.

Get up to speed on free movement here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

Due to Brexit you won't have time to acquire PR in the normal way but, based on your record, you seem to move around quite a lot anyway - so maybe that's not an issue.
And you will have rest of EU to sample even once UK has left EU (in a couple of years time).

Bottom line: Come on over, the weather's terrible.

[ryder950]

If you will be moving with your wife and she decides to work in the Uk, or have sufficient resource and a Medical insurance, then you should succeed.

So basically if she doesn't work, we can't come? She is in the US with me. Would she need to get a job before me? this is where it is not clear for me... I have companies interested in me. She is a stay at home mom right now... Like I said, she used to work in Italy before but it has been awhile since she worked.

[ryder950]

I'm so confused.....

My wife is Italian. We had lived in the UK for 3 years while I was working for HP as an American on a US government contract. I had a work visa at the time. Then I got a job in Italy and got a VISA for Italy and we moved there for a little over a year. Then we moved to the US where I'm from in Florida. We have been here for a little over 3 years. I'm American.

Here is the deal..
We would like to move to London and work. I'm a Network Engineer and every time I apply for something in London, they always say the same thing. Do you have a right to work in the UK. Of course, I say " My wife is EU and I would qualify for a EEA FP" Here in the states to can expedite the EEA FP by using a service that takes 8 days.
After reading, I'm not so sure I qualify because my wife is not currently in the UK working? We also have a 10 year old son and we have been married for 11 years. I'm not sure what to dot . All I know is that there must be a way for us to get to London because companies love my resume and I miss Europe and my wife does too.

Does this make sense? Do you guys think I can get a FP? Do I qualify?

thanks for the help.
Ryder950

Hey there, welcome.
EU free movement was in fact made just for you.

Yes, you do qualify for a FP to join or move with your EEA spouse/sponsor. Note the move with option.
In fact as a US citizen you don't even need to apply for FP, although it would smooth your way to have one.

Once here you all have a 3 months grace period to get settled in.
FP confirms a right to work ofcourse.
Then you may apply for a RC to confirm your ongoing status, assuming wife is a qualified person (eg by working) after the initial grace period.
Your activity is in fact immaterial, you could study or do nothing just as much as work.

Get up to speed on free movement here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

Due to Brexit you won't have time to acquire PR in the normal way but, based on your record, you seem to move around quite a lot anyway - so maybe that's not an issue.
And you will have rest of EU to sample even once UK has left EU (in a couple of years time).

Bottom line: Come on over, the weather's terrible.

So basically if she doesn't work, we can't come? She is in the US with me. Would she need to get a job before me? this is where it is not clear for me... I have companies interested in me. She is a stay at home mom right now... Like I said, she used to work in Italy before but it has been awhile since she worked.

[noajthan]

Not a biggie.
Mom can be a self sufficient qualified person as long as you do the necessary so that noone is a burden on the UK state's social assistance system.

So if you can finance everything and you put CSI in place for everyone then all good.
And mom can stay at home (in UK).

Did I mention you get 3 months grace in which to sort all this out.

Can you imagine what it would be like if you had similar free movement across all of N and S America?!

[ryder950]

Not a biggie.
Mom can be a self sufficient qualified person as long as you do the necessary so that noone is a burden on the UK state's social assistance system.

So if you can finance everything and you put CSI in place for everyone then all good.
And mom can stay at home (in UK).

Did I mention you get 3 months grace in which to sort all this out.

Can you imagine what it would be like if you had similar free movement across all of N and S America?!

Free movement here would be a wonderful thing... Me and my wife were separated while waiting on a fiance visa which cost us an arm and a leg back in the day...
I have a few more questions.

#1) Should we apply here in the states for a EEA family visa before leaving?
I say this because most companies wont talk to me unless I already have the right to work in hand...
#2) What is CSI ( Is that medical insurance? )

Thank you so much - You are all too kind
ryder

[noajthan]

1) Yes, it smooths the way.
Companies are fined heavily for employing illegals hence their caution.

2) Yes, Comprehensive Sickness Insurance.
Needs to cover all of you not just mom.
If lucky you may get it as part of package from employer.

[ryder950]

1) Yes, it smooths the way.
Companies are fined heavily for employing illegals hence their caution.

2) Yes, Comprehensive Sickness Insurance.
Needs to cover all of you not just mom.
If lucky you may get it as part of package from employer.

Thank you again!

I can taste a Yorkshire breakfast in the near future.
I just need to put together a list of things to get done.... As I'm not sure how much "they" want to see in our joint bank account as being sufficient. On page 6 of her Italian passport it has her married name in the states which is on our bank accounts. In Italy, women don't change their last name in their passport.
The company we are using (xxxxxxx) is asking for the following... Which we obviously don't have #5. They are stating it take 8 days for a fee of 128 dollars. I have used them before. The are a solid company.

1) You must provide additional documentation from the EEA national you intend to visit in the UK. The documentation must include:
2) A copy of the EEA national's passport, endorsed by the EEA national's embassy and attorney certified or notarized
3) A letter from the EEA national, declaring that you are travelling with them or are joining them in the UK
4) A copy of the EEA national's employment contract, wage slips, or letter from their employer
5) Proof of Residence in the UK

You must provide proof of the EEA national's ability to financially maintain themselves and the dependent for the duration of the dependent's stay in the UK. This proof must:

6) Include 3 most recent bank statements
7) Display the EEA national's full name
This seems very vague as well....

[noajthan]

Thank you again!

I can taste a Yorkshire breakfast in the near future.
I just need to put together a list of things to get done...

The EEA national does not have to be working in UK nor have a residence in UK!
You have a grace period of 3 months. You could do nothing for 3 months so assets in UK don't make much sense.

Suggest simply apply online.
Start here;
https://www.gov.uk/family-permit/overview

[ryder950]

Could you tell me how much money they need to see in an account for the bank statements on our joint account?
You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:

1) working, eg employment contract, wage slips, letter from employer
2) self-employed, eg contracts, invoices, or audited accounts with bank statements, and paying tax and National Insurance
3) studying, eg letter from the school, college or university
4) financially independent, eg bank statements
****** Your family member must have full health insurance (comprehensive sickness insurance) if they’re studying or financially independent.

[noajthan]

Could you tell me how much money they need to see in an account for the bank statements on our joint account?
You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:

1) working, eg employment contract, wage slips, letter from employer
2) self-employed, eg contracts, invoices, or audited accounts with bank statements, and paying tax and National Insurance
3) studying, eg letter from the school, college or university
4) financially independent, eg bank statements
****** Your family member must have full health insurance (comprehensive sickness insurance) if they’re studying or financially independent.

But your sponsor has not

... been in the UK for more than 3 months

- so it doesn't apply.

[ryder950]

Could you tell me how much money they need to see in an account for the bank statements on our joint account?
You must show that your EEA family member has a permanent right of residence or is one of the following if they’ve been in the UK for more than 3 months:

1) working, eg employment contract, wage slips, letter from employer
2) self-employed, eg contracts, invoices, or audited accounts with bank statements, and paying tax and National Insurance
3) studying, eg letter from the school, college or university
4) financially independent, eg bank statements
****** Your family member must have full health insurance (comprehensive sickness insurance) if they’re studying or financially independent.

But your sponsor has not

... been in the UK for more than 3 months

- so it doesn't apply.

Seems way to easy..... I just don't understand why I'm reading all these horror stories on line where people are getting denied in some weird fashion. Thank you again for you patience and help. You are way too kind.

[noajthan]

Seems way to easy..... I just don't understand why I'm reading all these horror stories on line where people are getting denied in some weird fashion. Thank you again for you patience and help. You are way too kind.

Don't forget its a generic and poorly-designed application form that applies to many people in different scenarios.

Ah, well you may still get refused first time. Even old married couples with 7 or more years time-served in a relationship have been refused.
You just apply again.
And that reminds me, don't just supply marriage certificate as proof or relationship. Submit additional proof and a selection of tasteful photos too.