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EEA2 when Non-EEA works and EEA doesn't?

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tom4
Member
Posts: 138
Joined: Wed Feb 18, 2009 1:07 pm

EEA2 when Non-EEA works and EEA doesn't?

Post by tom4 » Thu Feb 19, 2009 10:12 am

Hi All,

I am Non-EU/EEA, non-visa-required, wife is EU/EEA.
We both live in a third EU/EEA country.

If we move to UK can I get EEA2 if I am working and she is not?
Can we get it after we arrive?
How long does it take?
Can I work in the meantime?

Any advice greatly appreciated.

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 12:07 pm

Re: EEA2 when Non-EEA works and EEA doesn't?

Post by Plum70 » Thu Feb 19, 2009 11:55 am

If we move to UK can I get EEA2 if I am working and she is not?
You can obtain a UK residence card provided your EU spouse is exercising a treaty right. In this case - Self sufficiency based on your employment? Remember that your EU spouse would need to take out Comprehensive Sickness Cover for the duration of Self sufficiency.
Can we get it after we arrive?
Yes.
How long does it take?
Varied, but current averages are between 7 - 12 months.
Can I work in the meantime?
Most probably not as you would need to convince employers of your rights to work in the absence of the appropriate permit.

tom4
Member
Posts: 138
Joined: Wed Feb 18, 2009 1:07 pm

Post by tom4 » Thu Feb 19, 2009 12:02 pm

Plum 70,
You said "Most probably not as you would need to convince employers of your rights to work in the absence of the appropriate permit."

Do you mean that I can legally work but that employers might need to be convinced?
I suppose that showing them the relevant legislation would take care of that?

bumpe
Newly Registered
Posts: 11
Joined: Tue Feb 10, 2009 11:27 pm
United Kingdom

Post by bumpe » Wed Feb 25, 2009 11:02 pm

Hi Plum70 am in the same position here. is a comprehensive insurance the main requirement?
And for me the HO has asked for a comprehensive HI that covers both of us, is mine needed as am working?

Another question how did you get that info were you on the same position?

Thanks man
Last edited by bumpe on Wed Feb 25, 2009 11:05 pm, edited 1 time in total.

bumpe
Newly Registered
Posts: 11
Joined: Tue Feb 10, 2009 11:27 pm
United Kingdom

Re: EEA2 when Non-EEA works and EEA doesn't?

Post by bumpe » Wed Feb 25, 2009 11:04 pm

Plum70 wrote:
If we move to UK can I get EEA2 if I am working and she is not?
You can obtain a UK residence card provided your EU spouse is exercising a treaty right. In this case - Self sufficiency based on your employment? Remember that your EU spouse would need to take out Comprehensive Sickness Cover for the duration of Self sufficiency.
Can we get it after we arrive?
Yes.
How long does it take?
Varied, but current averages are between 7 - 12 months.
Can I work in the meantime?
Most probably not as you would need to convince employers of your rights to work in the absence of the appropriate permit.



Hi Plum70 am in the same position here. is a comprehensive insurance the main requirement?
And for me the HO has asked for a comprehensive HI that covers both of us, is mine needed as am working?

Another question how did you get that info were you on the same position?

Thanks man

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 12:07 pm

Post by Plum70 » Thu Feb 26, 2009 1:04 am

tom4 wrote:Plum 70,
Do you mean that I can legally work but that employers might need to be convinced?
Yes
I suppose that showing them the relevant legislation would take care of that?
Unfortunately showing a prospective employer legislation w/out a RC will most likely not work (many people have tried and confirmed this, me inclusive!).

However, once you receive your certificate of application stating your right to work while the application is being processed, you may be able to secure a job. Still it may not be easy as a growing number of employers are petrified of being fined for employing illegal workers and would rather employ people who do not need permits or already have them.

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 12:07 pm

Post by Plum70 » Thu Feb 26, 2009 1:07 am

Hi Plum70 am in the same position here. is a comprehensive insurance the main requirement?
For self sufficiency, yes.
And for me the HO has asked for a comprehensive HI that covers both of us, is mine needed as am working?
I am not sure, but I think only the self sufficient person needs this.
Another question how did you get that info were you on the same position?
Have a read of the EU Directive 2004/38/EC and the Immigration (EEA) Regulations 2006

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