Working permit Non eu citizen married with eu citizen ?

[Sugod]

Hi guys
I need some help.im not eu citizen but im living in uk 5 years with self employed visa. I had business but now i shut anymore. Im married with eu citizen (poland) and we got british babyboy. I need to work but same time i chance my visa and ll send visa for married. My question is while i m waiting send visa ans answer takes time almost 6 months. Can i work while i waiting visa ?

[Richard W]

Hi guys
I need some help.im not eu citizen but im living in uk 5 years with self employed visa. I had business but now i shut anymore. Im married with eu citizen (poland) and we got british babyboy. I need to work but same time i chance my visa and ll send visa for married. My question is while i m waiting send visa ans answer takes time almost 6 months. Can i work while i waiting visa ?

In law, you can work if your spouse is working (and the work is not marginal or ancillary) or otherwise counts as a 'qualified person', though if 'self-sufficient', your would also need 'comprehensive sickness insurance' (CSI). However, most employers will be too scared to employ you until you get the 'certificate of application' (CoA), which takes about a month from the application for a residence card (RC). If your spouse appears to be a qualified person, you will get a CoA confirming your right to work. An employer will still have to confirm the right-to-work with the Home Office, which will protect him against a large fine and worse if the Home Office ultimately concludes that you do not have a right of residence.

[Sugod]

Thank you for your answer. One more think u sais "otherwise counts as a 'qualified person', though if 'self-sufficient', your would also need 'comprehensive sickness insurance' (CSI)" but im working as a self employed here last 5 years.. and when ive insurance number. So when i send visa inside home office. After 'certificate of application' can i give to employer my own insurance number ?

[CR001]

Thank you for your answer. One more think u sais "otherwise counts as a 'qualified person', though if 'self-sufficient', your would also need 'comprehensive sickness insurance' (CSI)" but im working as a self employed here last 5 years.. and when ive insurance number. So when i send visa inside home office. After 'certificate of application' can i give to employer my own insurance number ?

It is your EU spouse that must be a qualified person. Your employment or self employment is irrelevant.

[Sugod]

She is working from 2011 untill now employer and self employed. So thats mean is she qualified person?

[Sugod]

Thank you for your answer. One more think u sais "otherwise counts as a 'qualified person', though if 'self-sufficient', your would also need 'comprehensive sickness insurance' (CSI)" but im working as a self employed here last 5 years.. and when ive insurance number. So when i send visa inside home office. After 'certificate of application' can i give to employer my own insurance number ?

It is your EU spouse that must be a qualified person. Your employment or self employment is irrelevant.

I mean i got insurance number already. So when i have certificate of application shall i give my insurance number to my employer?

[CR001]

Are you referring to your National Insurance Number?

This is irrelevant in terms of your EU spouse being a qualified person and exercising treaty rights. If your spouse is 'self sufficient', then your spouse needs Comprehensive Sickness Insurance for both of you to be considered a qualified person.

[Sugod]

Are you referring to your National Insurance Number?

This is irrelevant in terms of your EU spouse being a qualified person and exercising treaty rights. If your spouse is 'self sufficient', then your spouse needs Comprehensive Sickness Insurance for both of you to be considered a qualified person.

Yes i mean to give my insurance number them after certificate?
And my wife self employed and working part time she got payslipts as well. Still we need to make Comprehensive Sickness Insurance?
By the way thank you for ur answer.

[CR001]

Your working status and national insurance number is irrelevant. It is your EU spouse activities that matter for your to qualify for a RC.

[Sugod]

Your working status and national insurance number is irrelevant. It is your EU spouse activities that matter for your to qualify for a RC.

Thank you i got it. But i need to work anyway while i send and waiting for my indefinite. Do u think can i ? And how much risky for me or emloyer ? What do you recommend for me ? By the way i got boy which is British so i need to look after him somehow.. should be some way for me to they accept this situation.

[CR001]

It is actually unclear what it is you are asking in your first post or applying for.

living in uk 5 years with self employed visa. I had business but now i shut anymore.

What visa (category) do you or did you hold???

Im married with eu citizen (poland) and we got british babyboy.

On what date did you get married and where (UK or abroad)?? When did your spouse obtain Permanent Residence??

I need to work but same time i chance my visa and ll send visa for married.

Still unclear what exactly you are applying for. A visa is issued under the UK immigration rules. A Residence Card (not a visa) is issued to family members of a qualifying EU citizen.

while i send and waiting for my indefinite.

What 'indefinite'???

[Sugod]

It is actually unclear what it is you are asking in your first post or applying for.

living in uk 5 years with self employed visa. I had business but now i shut anymore.

What visa (category) do you or did you hold???
I got self employed leave to remain. (Turkish business person) Still i hold it.

Im married with eu citizen (poland) and we got british babyboy.

On what date did you get married and where (UK or abroad)?? When did your spouse obtain Permanent Residence??
I married 2 years ago in uk. She didnt get PR yet we gonna apply together.

I need to work but same time i chance my visa and ll send visa for married.

Still unclear what exactly you are applying for. A visa is issued under the UK immigration rules. A Residence Card (not a visa) is issued to family members of a qualifying EU citizen.
Yes im going to apply family members of eu citizen

while i send and waiting for my indefinite.

What 'indefinite'???

I gonna send family visa for indefinite. I got right to get indefinite because she is working in uk.more than 5 years. So basicly eu family visa

[CR001]

I got self employed leave to remain. (Turkish business person) Still i hold it.

So you are not apply for settlement based on this visa then.

I married 2 years ago in uk. She didnt get PR yet we gonna apply together.

You don't qualify for PR with your spouse. You need 5 years of marriage before you can apply for PR. Also, if your wife doesn't hold PR, how is your child 'British'?

Yes im going to apply family members of eu citizen

So you are applying for an EEA Family Member Residence Card and NOT for PR??

I gonna send family visa for indefinite. I got right to get indefinite because she is working in uk.more than 5 years. So basicly eu family visa

You don't qualify for 'indefinite'. You need 5 years of marriage first.

[Sugod]

I got self employed leave to remain. (Turkish business person) Still i hold it.

So you are not apply for settlement based on this visa then.
No im not gonna apply again for business person. Which is expired october

I married 2 years ago in uk. She didnt get PR yet we gonna apply together.

You don't qualify for PR with your spouse. You need 5 years of marriage before you can apply for PR. Also, if your wife doesn't hold PR, how is your child 'British'?
If mother or father work in uk more than 5 year and if you prove it they give british passport.

Yes im going to apply family members of eu citizen

So you are applying for an EEA Family Member Residence Card and NOT for PR??

Yes i dont know what is different but i guess eea family member.

I gonna send family visa for indefinite. I got right to get indefinite because she is working in uk.more than 5 years. So basicly eu family visa

You don't qualify for 'indefinite'. You need 5 years of marriage first.

And same right like my son if you prove spouse living more than 5 years and work in uk and im here more than 2 years. i got right for indefinite. Which lawyer told me.

[CR001]

And same right like my son if you prove spouse living more than 5 years and work in uk and im here more than 2 years. i got right for indefinite. Which lawyer told me.

Your lawyer is wrong. Your spouse can get PR under the EU rules (indefinite is under the UK Immigration rules) but you won't qualify if you have not had 5 years residence since date of marriage. Your previous visa doesn't count towards the 5 years for PR under the EU rules.

[Sugod]

And same right like my son if you prove spouse living more than 5 years and work in uk and im here more than 2 years. i got right for indefinite. Which lawyer told me.

Your lawyer is wrong. Your spouse can get PR under the EU rules (indefinite is under the UK Immigration rules) but you won't qualify if you have not had 5 years residence since date of marriage. Your previous visa doesn't count towards the 5 years for PR under the EU rules.

So you mean i need to get first 5 years residence. After apply indefinite.? And what do you recommend?

[CR001]

You need 5 years residence as the spouse of a qualifying EU citizen before you can apply for PR (permanent residence not called 'indefinite') under the EU rules provided your EU spouse remains a qualified person exercising treaty rights. Your 5 years starts from date of marriage if you got married in the UK (not a UK Islamic marriage though).

You should be applying for a EEA FM Residence Card.