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Work in Gibraltar for holders of EEA2 family permit in UK

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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nordfyr
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Joined: Tue Sep 23, 2014 5:01 pm

Work in Gibraltar for holders of EEA2 family permit in UK

Post by nordfyr » Tue Sep 23, 2014 5:10 pm

My wife (citizen of Slovakia residing in UK) and me (citizen of Russia, residing in UK as her spouse, holding a EEA2 family permit,vailidity 5 years) are going to work in Gibraltar.
Will I lose my EEA2 permit and right of stay in Great Britain, by working for one year in Gibraltar, and do i need to apply for Gibraltar/Spain EEA permit?
Thank you for all information which may prove helpful

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: Work in Gibraltar for holders of EEA2 family permit in U

Post by Directive/2004/38/EC » Tue Sep 23, 2014 8:57 pm

Very very very good question! The answer is that legally you should in theory be able to, but that it may (or more likely will) require some fight.

Note that EEA2 is a Residence Card and not an Family Permit. Family Permit is only what you got for initial entry to the UK.

Do you already have the Residence Card?
Will your wife continue to work in the main part of the UK?
How long have you been married?

nordfyr
Newly Registered
Posts: 3
Joined: Tue Sep 23, 2014 5:01 pm

Re: Work in Gibraltar for holders of EEA2 family permit in U

Post by nordfyr » Wed Sep 24, 2014 1:08 pm

thank you for the reply!
Yes I do have the residence card (British EEA2)
No, she will not continue to work in mainland UK - we wanted actually to reside in Spain near the border of Gibraltar
(as the Gibraltar rents are quite high) and take employment in Gibraltar, so its sort of crossborder work.
We have been married for three years exactly.
Thank you


Do you already have the Residence Card?
Will your wife continue to work in the main part of the UK?
How long have you been married?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: Work in Gibraltar for holders of EEA2 family permit in U

Post by Directive/2004/38/EC » Wed Sep 24, 2014 1:30 pm

Would both of you be working in Gibraltar?
How long have you been resident in the UK, which began when you entered together?

Gibraltar is not itself a member of the EU, but the UK is and Gibraltar falls under it's membership.
Your continuity of residence should theoretically begin in the Uk and should not be interrupted by your move.
This may or may not be important for you, but it is worth keeping in mind.

I am not sure how living in Spain and working in Gibraltar would work with respect to continuity of residence.

Remember that you get PR after 5 years of residence in the UK

nordfyr
Newly Registered
Posts: 3
Joined: Tue Sep 23, 2014 5:01 pm

Re: Work in Gibraltar for holders of EEA2 family permit in U

Post by nordfyr » Fri Sep 26, 2014 6:30 pm

Both of us will be working in GIB
Ive been resident in UK since April 2012. My wife since 2009. We didnt enter together, i joined her.

It would be really nice if the continuity is not interrupted, sounds too good to be true though. but i hope so.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: Work in Gibraltar for holders of EEA2 family permit in U

Post by Directive/2004/38/EC » Tue Sep 30, 2014 9:55 pm

Do you both have jobs already?
When do you roughly want to start working?
When you have visited GIB, what visas if any did you obtain before going?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: Work in Gibraltar for holders of EEA2 family permit in U

Post by Directive/2004/38/EC » Wed Jan 07, 2015 9:48 pm

Any update on how this went?

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