Right to work with no EEA2- how will BIA know?

Peaches · Post by **Peaches** » Mon Nov 10, 2008 1:55 pm

HI,

I got married a couple of months ago to an European citizen (Dutch), but have not yet applied for the EEA2 residence card. I am currently working full time based the rights inferred on me through my marriage.

But how will the Border and Immigration Agency know that I am indeed working legally if an employer does a Right to Work check?...My passport only contains an expired WHM visa at this point...

Should I notify BIA of my marriage in the meantime?

Ben · Post by **Ben** » Mon Nov 10, 2008 2:02 pm

You are required to apply for a Residence Card using form EEA2, within three months. During this time, production of your passport, your spouse's passport and your marriage cert, will be sufficient to satisfy those concerned of your right to work.

Peaches · Post by **Peaches** » Mon Nov 10, 2008 2:10 pm

I know about the grace period..it's been nearly 6 months though.

Due to various delays (husband travelling frequently, delay in getting unabridged wedding certificate from abroad, etc.- and seeing as I had to apply for a security licence I just did that so long instead.
Now I'm worried HO might think I'm here illegally!

Ben · Post by **Ben** » Mon Nov 10, 2008 2:21 pm

What EU treaty right is your spouse currently exercising?

Peaches · Post by **Peaches** » Mon Nov 10, 2008 2:34 pm

He's working full time.

Is there any way Bia can know about our marriage without me applying for the EEA (we got married overseas)?

Ben · Post by **Ben** » Mon Nov 10, 2008 2:58 pm

Peaches wrote:Is there any way Bia can know about our marriage without me applying for the EEA (we got married overseas)?

No, you have to apply using form EEA2.

Article 9(3) of Directive 2004/38/EC wrote:Failure to comply with the requirement to apply for a residence card may make the person
concerned liable to proportionate and non-discriminatory sanctions.

However, I'm not sure how the UK is implementing the above. Importantly though, your right to work is not removed.

Apply using form EEA2 as soon as possible. In the mean time, if requested for proof of your right to work, production of your passport, your spouse's passport and your marriage cert will be sufficient to satisfy those concerned.

Peaches · Post by **Peaches** » Mon Nov 10, 2008 3:10 pm

Thanks, Benefica.
I was under the impression that it is not compulsory to apply for a residence card though? Although it is obvoius what inconveniences that may cause!

Ben · Post by **Ben** » Mon Nov 10, 2008 3:12 pm

Peaches wrote:Thanks, Benefica.
I was under the impression that it is not compulsory to apply for a residence card though? Although it is obvoius what inconveniences that may cause!

It's not compulsory for EU citizens to apply for a Residence Card, but it is compulsory for their non-EU family members to do so.

thsths · Post by **thsths** » Mon Nov 10, 2008 4:11 pm

benifa wrote:
Article 9(3) of Directive 2004/38/EC wrote:Failure to comply with the requirement to apply for a residence card may make the person
concerned liable to proportionate and non-discriminatory sanctions.
However, I'm not sure how the UK is implementing the above. Importantly though, your right to work is not removed.

Neither am I - in fact I thought that there is no such requirement in the UK. Although I would highly recommend to apply anyway, because it makes a lot of things so much easier.

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Right to work with no EEA2- how will BIA know?

Right to work with no EEA2- how will BIA know?