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Hi Andrew,212andrew wrote:My wife is a Polish (EEA/EU) citizen. She moved to the US 20 years ago and is a resident (Green Card holder). Should it be relevant, her father and brother moved to the UK about 10 years ago, and are now UK residents.
I am a US citizen, born and raised.
We live in New York, where were married nine months ago (September 2013), after knowing each other for roughly 10 years.
We plan to move to London. I recently received a written job offer from a firm there (it pays well, should that matter to the border agents, who may wonder if I/we may be a burder on social care or bring in meaningful tax revenue, etc.).
My offer is contingent on my obtaining the right to work in the UK on my own. I’m due to start work in the UK in early/mid-July (somewhat flexible), and will need to provide proof of my eligibility to work in the UK no later than my first day of employment.
I’m confident that I will need to obtain an EEA Family Permit, as my wife is an EEA (Polish) citizen.
Where I think my “case” may be a little different as that I (the non-EEA family member) am and would be supporting the EEA family member (my wife). She has neither a job nor any significant savings. We will not be reliant on any government funding, and that should be clear from my job offer letter (which I can gladly show to immigration/border officials, if appropriate). Basically she has little to nothing; I have a little more than her; but we’ll be well paid (and the UK government will receive a good chunk of tax proceeds from my work) once I arrive.
I’ve read through the EEA Family Permit FAQs, forum posts, and the UK Government’s “UK Visas and Immigration” website ad nauseum – including the various PDFs on the EEA family permit, the Guide to Supporting Documents, etc. But I still can’t seem to find the answers I’m looking for regarding things like:
1) Will my wife (a Polish citizen) need to file anything (e.g. Registration Certificate: https://www.gov.uk/eea-registration-certificate) now (or prior to reaching the UK border) to help me get the EEA family permit? I’ve heard mixed reviews of whether this can help me in the EEA Family Permit process or not. If anything, it could take more time, and time is precious (I need to start work in one month).
2) In exercising her “Treaty Rights” or becoming a “Qualified Person”, will she need to prove that she is working, self-employed, a student, or economically self-sufficient? Or is that not an issue upon entry? Is it relevant/problematic that my wife has not worked much in the past two years (prior to that she was a graduate student) and has little income or savings of her own?
3) Does she (i.e. do we) have the right to live the UK for three months upon exercising her treaty rights?
https://www.gov.uk/government/publicati ... ily-permit
4) Is there anything she should to prior to, or concurrently with, my applying for an “EEA Family Permit”?
5) Does my job offer matter (particularly given the relatively good rate of pay)? Could it help me (I would generate tax revenue for the UK? Could it hurt me (should I not have already found a job?)?
6) Do my finances matter?
7) Do I need to submit my historical tax forms?
8 ) What MUST (and should/shouldn’t) I submit? This is the most confusing thing of all….
The main government site specifies only:
“You must provide:
- your passport
- proof of your relationship, eg a birth or marriage certificate
- a letter from your partner or family in the UK declaring that they’re travelling with you or that you’re coming to stay with them in the UK
- your partner or family member’s passport or ID card
You must provide proof that you’re financially dependant on your family member in the UK if you’re applying as their dependent extended family member.”
https://www.gov.uk/family-permit
Oddly, the site then refers to the “full list of evidence you must provide”: https://www.gov.uk/government/uploads/s ... permit.pdf
This includes a passport sized color photograph, as well as “Evidence of your current employment or studies.” This could include: “a letter from your employer on company headed paper – detailing your salary and the length of your employment, confirming that you have been given time off work, and stating whether this time off is paid or unpaid.” This doesn’t make sense to me. Why would they want to know or care what my old job is/was, when I’m moving to the U for a new job (as I imagine most EEA Family Permit applicants would be, as opposed to being transferred overseas by their employers).
The same authoritative source also asks for Information about “Your Finances and Employment”, “Accommodation Details,” and “Information about your Sponsor in the UK”
So, my question, as many others have likely asked, is: what do I really need to submit, and what should I submit?
I’ve read many stories of people submitting too much, frankly, and sometimes being rejected for that reason.
The links below have slightly differing takes on what should and shouldn’t be included in “Supporting Documents.”
http://www.ebooksmagz.com/pdf/document- ... -61988.pdf
http://www.findlaw.co.uk/law/immigratio ... 30026.html
http://www.immigrationboards.com/eea-ro ... ml#p716277
9) In applying for the EEA Family Permit, I don’t have to worry (yet) about this “Guidance notes for applying for residence documentation as a European Economic Area (EEA) national or as the family member of an EEA national.”
https://www.gov.uk/government/uploads/s ... cklist.pdf
https://www.gov.uk/government/uploads/s ... ideeea.pdf
10) Do I need to (or should I) hire a lawyer/solicitor? One I’ve contacted seems reputable, but has quoted me about £5,000 for the service.
I really just want to be able to start my job in London a month, and be able to prove to my new employer by my first day (early July) that I have the right to work in the UK. Any help or advice you may be able to provide to that end would be greatly appreciated.
Thank you,
Andrew
ice_breaker wrote:Hi Andrew,
FOR EEA family permit, you DONT need to show bank statement/Job offer etc. You just need the following for your EEA family permit.
1. EEA FP application form + passport + passport size photo
2. Declaration cover letter from both of you that you will be travelling together or joining her in UK
3. Marriage certificate (attested/legalised)
4. Copy of her polish passport (attested)
5. Proof of genuine relationship (emails, fb chat, skype log, marriage certificate, wedding pictures. etc)
Thats all. Later once you both arrive in the UK then you will need to do a bit of paperwork for EEA1 and EEA2 residence permit. I had the similar situation, my wifes Norwegian and I applied EEA FP from Saudi. Got the EEA FP in 11 days and EEA1 and EEA2 in less than 2 months.
Also if you have a joint account in US that will be helpful when applying EEA1 and EEA2.
Hope that helps.
Thank you, Hubba.Hubba wrote:Hi Andrew,212andrew wrote:My wife is a Polish (EEA/EU) citizen. She moved to the US 20 years ago and is a resident (Green Card holder). Should it be relevant, her father and brother moved to the UK about 10 years ago, and are now UK residents.
I am a US citizen, born and raised.
We live in New York, where were married nine months ago (September 2013), after knowing each other for roughly 10 years.
We plan to move to London. I recently received a written job offer from a firm there (it pays well, should that matter to the border agents, who may wonder if I/we may be a burder on social care or bring in meaningful tax revenue, etc.).
My offer is contingent on my obtaining the right to work in the UK on my own. I’m due to start work in the UK in early/mid-July (somewhat flexible), and will need to provide proof of my eligibility to work in the UK no later than my first day of employment.
I’m confident that I will need to obtain an EEA Family Permit, as my wife is an EEA (Polish) citizen.
Where I think my “case” may be a little different as that I (the non-EEA family member) am and would be supporting the EEA family member (my wife). She has neither a job nor any significant savings. We will not be reliant on any government funding, and that should be clear from my job offer letter (which I can gladly show to immigration/border officials, if appropriate). Basically she has little to nothing; I have a little more than her; but we’ll be well paid (and the UK government will receive a good chunk of tax proceeds from my work) once I arrive.
I’ve read through the EEA Family Permit FAQs, forum posts, and the UK Government’s “UK Visas and Immigration” website ad nauseum – including the various PDFs on the EEA family permit, the Guide to Supporting Documents, etc. But I still can’t seem to find the answers I’m looking for regarding things like:
1) Will my wife (a Polish citizen) need to file anything (e.g. Registration Certificate: https://www.gov.uk/eea-registration-certificate) now (or prior to reaching the UK border) to help me get the EEA family permit? I’ve heard mixed reviews of whether this can help me in the EEA Family Permit process or not. If anything, it could take more time, and time is precious (I need to start work in one month).
2) In exercising her “Treaty Rights” or becoming a “Qualified Person”, will she need to prove that she is working, self-employed, a student, or economically self-sufficient? Or is that not an issue upon entry? Is it relevant/problematic that my wife has not worked much in the past two years (prior to that she was a graduate student) and has little income or savings of her own?
3) Does she (i.e. do we) have the right to live the UK for three months upon exercising her treaty rights?
https://www.gov.uk/government/publicati ... ily-permit
4) Is there anything she should to prior to, or concurrently with, my applying for an “EEA Family Permit”?
5) Does my job offer matter (particularly given the relatively good rate of pay)? Could it help me (I would generate tax revenue for the UK? Could it hurt me (should I not have already found a job?)?
6) Do my finances matter?
7) Do I need to submit my historical tax forms?
8 ) What MUST (and should/shouldn’t) I submit? This is the most confusing thing of all….
The main government site specifies only:
“You must provide:
- your passport
- proof of your relationship, eg a birth or marriage certificate
- a letter from your partner or family in the UK declaring that they’re travelling with you or that you’re coming to stay with them in the UK
- your partner or family member’s passport or ID card
You must provide proof that you’re financially dependant on your family member in the UK if you’re applying as their dependent extended family member.”
https://www.gov.uk/family-permit
Oddly, the site then refers to the “full list of evidence you must provide”: https://www.gov.uk/government/uploads/s ... permit.pdf
This includes a passport sized color photograph, as well as “Evidence of your current employment or studies.” This could include: “a letter from your employer on company headed paper – detailing your salary and the length of your employment, confirming that you have been given time off work, and stating whether this time off is paid or unpaid.” This doesn’t make sense to me. Why would they want to know or care what my old job is/was, when I’m moving to the U for a new job (as I imagine most EEA Family Permit applicants would be, as opposed to being transferred overseas by their employers).
The same authoritative source also asks for Information about “Your Finances and Employment”, “Accommodation Details,” and “Information about your Sponsor in the UK”
So, my question, as many others have likely asked, is: what do I really need to submit, and what should I submit?
I’ve read many stories of people submitting too much, frankly, and sometimes being rejected for that reason.
The links below have slightly differing takes on what should and shouldn’t be included in “Supporting Documents.”
http://www.ebooksmagz.com/pdf/document- ... -61988.pdf
http://www.findlaw.co.uk/law/immigratio ... 30026.html
http://www.immigrationboards.com/eea-ro ... ml#p716277
9) In applying for the EEA Family Permit, I don’t have to worry (yet) about this “Guidance notes for applying for residence documentation as a European Economic Area (EEA) national or as the family member of an EEA national.”
https://www.gov.uk/government/uploads/s ... cklist.pdf
https://www.gov.uk/government/uploads/s ... ideeea.pdf
10) Do I need to (or should I) hire a lawyer/solicitor? One I’ve contacted seems reputable, but has quoted me about £5,000 for the service.
I really just want to be able to start my job in London a month, and be able to prove to my new employer by my first day (early July) that I have the right to work in the UK. Any help or advice you may be able to provide to that end would be greatly appreciated.
Thank you,
Andrew
On your case, your wife would be exercising Treaty Rights as self-sufficient, based on your earnings. For her to be exercising Treaty Rights as self-sufficient, you and her need to be covered by Comprehensive Sickness Insurance (CSI). Several companies offer private insurance as a benefit part of your job offer, but please mind that some companies don't include you on their group plan until you're employed for at least 6 months. Make sure that you and your wife are covered by CSI before the end of the initial 3 months period here in the UK.
Your wife will also need to prove that she has regular access to the funds obtained through your employment. The easiest way to prove such thing is for you to receive your wage through a joint account with your wife. Make sure you have this joint account in place before the end of the initial 3 months period here in the UK as well.
These are the main points to cover. Regarding your employments rights, if you get an EEA family permit before arriving here in the UK you will be initially covered. You would then need to apply for an EEA2 afterwards, on the terms described above.
Hi Andrew,212andrew wrote: Thank you, Hubba.
Your point about setting up a joint account is a good one. I don't think that my wife can claim self-suffiency upon our arrival (unless I deposit ~$35,000+ to her account in the next few days), but should be able to evidence it by setting up a joint account in the UK once I start working. Does that make sense, and do you agree?
I will have private health insurance in the UK through my new employer, according to the offer letter. I don't know when it will go into effect, though -- so you make a good point.
Will I basically need to apply for my Residence Card as soon as I arrive? I hear a CoA (Certificate of Application) may help "prove" that I have the right to work in the interim (though a call to the national employers' help line should also do the trick, right?). I would hate to get there, on my first day, only to find out that I can't legally start work until I have a Residence Card. Legally, I am allowed to work under and EEA Family Permit, but I think the burden will be on me to prove it.
Thank you,
Andrew
Hi Andrew,212andrew wrote:Hi Hubba,
What you've described sounds like happy days indeed! I'll have to get there on step at a time, over several months. But it looks like there's a good path!
One potential hurdle: I'm guessing that after about a month, or so, I may need to travel internationally for work. So, I can hopefully get paid quickly, get my health insurance under both names (my wife and I) quickly, apply for my Residence Card, get a Certificate of Application back, ask for my passport back (so I can travel)...all within about 30 days. Sounds ambitious.
On another potentially problematic side note, my Family Permit will specify that I must be traveling with my wife when I re-enter the UK. Obviously she won't be traveling with me for work. So this could create a hassle (or worse) at the border. Perhaps if I already have my CoA with my as a travel, along with our original marriage certificate, a copy (certified / notarized?) of her passport, and something else (lease), that could help my re-entry?
The alternative is for me to apply for a family permit as "joining her" in the UK. But that would mean she would have to already be in the UK. This is logistically more challenging for obvious reasons. And I don't suppose I can just be joining her by being on the next flight after her (an hour or two later), but I really don't know. The bigger issue with this approach may be that if I'm "joining her" in the UK, she will have to have already exercised her treaty rights. And, of course, she won't be able to do that (as "self-sufficient) until I arrive and start getting a paycheck deposited to a joint account I have yet to set up. That's why it works for us to be traveling together, but perhaps not for me to be joining her in the UK.
Do you have any thoughts on what I've said?
Thank you,
Andrew
Kindly start your own topic with your circumstances and questions rather than tagging onto a 4 year old thread. User '212andrew' is no longer active on the forum and has not logged on since June 2014.