Working Immediately on EEA Family Member Permit

[Tommy14]

Situation: I, an American, married to Slovak national, am about to be offered a job in the UK. The company IS NOT willing to sponsor a visa. I have to be able work in the UK, the right of which deriving from the relationship to my EEA wife. My wife does not yet have a job in the UK and I would be the sole employed spouse.

Status: I have received conflicting advice from both the Home Office, and various information on the internet. I have been told from the HO, that once received the EEA Family Member Permit, I apply for an EEA2 visa. About 4-6 weeks after applying for the EEA2, I will be sent a letter which I can show to my employer indicating that I can legally work in the UK. I have been told by some that it is up to my employer if he lets me work until that letter is received.

Questions: Has anyone been in my situation before? CAN I in fact, work straight away? What documents does one have to show in order to be employed in the UK ie: NIN, etc.?

Any help would be greatly appreciated!

[Plum70]

Yes, you may apply for a EEA Family Permit from the BHC in the US which is valid for 6 months and allows you to work in the UK. Your Slovak wife accompanies you to the UK as a EEA national exercising treaty rights in a 'self-sufficient' capacity. You both would need to have comprehensive sickness insurance for the entire time that your spouse is self-sufficient.

Once in the UK you can apply for a UK residence card using EEA2. Your wife does not need to apply for a registration certificate for you to obtain a RC.

In terms of supporting docs for EEA2:

You and your spouse's passport
Marriage certificate
Proof of her self-sufficiency - (joint) bank statements, savings/other Investment portfolios
Letter confirming your imminent employment in the UK
CSI

To gain employment in the UK you need to show:

Your passport + EEA Family permit and or Certificate of Application (CoA) having applied for a residence card
National Insurance Number (can be obtained before securing employment)

If going through an agency you will also need:
UK Current bank account details
Your academic certificates
Proof of UK address (tenancy agreement, utility bills, bank statements, GP letter)
And maybe a copy of the EU Directive!

Hope this helps

[Monifé]

EDIT: Overlapped with Plums post, sorry.

CAN I in fact, work straight away?

Yes, provided your employer is happy with you working straight away you can. Once you have an entitlement under EC law, you have that entitlement, the residence document only certifies this.

What documents does one have to show in order to be employed in the UK ie: NIN, etc.?

Your need a national insurance number for starters. Then an employer would usually request proof that you are allowed to work. If they are understanding you can explain the situation, that you are allowed work, print the directive 2004/38/EC and highlight the relevant parts that show you are allowed to work and show them a copy of your marriage certificate and spouse passport to prove your relationship to an EU national and remind them that you are just waiting for your document that certifies your already entitlement to work.

NB: Your spouse needs to be exercising treaty rights in order for you to avail of the directive.

She either needs to be:

1) Employed
2) Self-employed
3) Student with comprehensive sickness cover for herself and family
4) Self-sufficient with comprehensive sickness cover for herself and family - have enough resources to live on and support her family without taking any social assistance, it is not set down how much they expect in the bank, but a regular flow of money (ie: rental income) or a reasonable size of savings should suffice.

[86ti]

Your need a national insurance number for starters.

Not really. A NIN is not required to start work although the employer may think so or may want to have it that way.

NB: Your spouse needs to be exercising treaty rights in order for you to avail of the directive.

Keeping in mind of course that the wife is an A8 national and will have to registed under the WRS if she plans to work. Before May 2011 that is because then the transitional arrangement will run out.

[Tommy14]

Thank you all for the advice!


1. How to I go about getting a National Insurance Number?

2. My wife is planning on going back to get her MA, would a pay stub of mine suffice to her being self sufficient?

3. Can I get a bank account without a NIN? Could my wife just open it?

4. What would be my course of action/timeline once I arrived in the UK ie: go where first to do the EEA2, then bank, etc.?

[PaperPusher]

Where is she planning to get her MA?

[86ti]

Application. No, you won't need the NINO to open a bank account but the passport which you will also need as an ID to get the NINO. You'll have to send the passport in with the EEA2 application.

[Monifé]

NB: Your spouse needs to be exercising treaty rights in order for you to avail of the directive.

Keeping in mind of course that the wife is an A8 national and will have to registed under the WRS if she plans to work. Before May 2011 that is because then the transitional arrangement will run out.

Oh forgot about that, sorry. Not familiar with those agreements.

[Tommy14]

@Paper Pusher-Not sure yet, she wants to eventually work as a Director for NGOs, so we will look around.

Posted: Wed Nov 17, 2010 8:17 pm Post subject:
Application. No, you won't need the NINO to open a bank account but the passport which you will also need as an ID to get the NINO. You'll have to send the passport in with the EEA2 application.

Can I go and open the bank account BEFORE I send in my info for the EEA2 visa? As in, I arrive on X day and go straight from the airport to a bank?

Also, when I look at the application, it doesn't clearly state that having a family member permit allows you to work, it just says as long as the visa doesn't say "prohibited" I can apply (I have no idea how the family member permit looks or what it says on it).

How long does it take to get the NIN? Won't this affect the way taxes are taken out of my paycheque?

I apologize for being so thorough, but I don't want to leave my current job, accept my job in London, then find out I can't work for x amount of time. The job in London in theory starts 1 December.

Finally, I am planning on going to Slovakia for Christmas, will I not have to RE-apply for the family permit again in Bratislava if I want to come back to the UK? I realize that this will be very difficult as I will have to ask for my passport back from the HO in the first place!

I also have a second, different nationality passport (not EU), this has no stamps in it so it could prove problematic, do you reckon I could use this when travelling outside of the UK?

Thank you all so much for your help, it really is putting my mind at ease!

[86ti]

Can I go and open the bank account BEFORE I send in my info for the EEA2 visa? As in, I arrive on X day and go straight from the airport to a bank?!

What would prevent you from doing so? You'll have to talk to the bank and see if they have any objections opening an account for a non-EEA national. If yes, then either open a joint account or go to another bank.

(I have no idea how the family member permit looks or what it says on it).

How long does it take to get the NIN? Won't this affect the way taxes are taken out of my paycheque?

See, the link above. What affects your taxes is the tax code you are in. Talk to your employer and fill out the appropriate form. You can reclaim overpaid taxes later.

I also have a second, different nationality passport (not EU), this has no stamps in it so it could prove problematic, do you reckon I could use this when travelling outside of the UK?

How to ask us to return your passport. Is your second nationality a visa nationality? If not you can travel at least and explain your situation to the border force officer. Could be a hassle.

[Tommy14]

What would prevent you from doing so? You'll have to talk to the bank and see if they have any objections opening an account for a non-EEA national. If yes, then either open a joint account or go to another bank.

Well, in theory if I was in the UK I would have the EEA family member permit sticker in my passport, which would make me legal to be in the UK, so the bank would have to accept me, right?

See, the link above. What affects your taxes is the tax code you are in. Talk to your employer and fill out the appropriate form. You can reclaim overpaid taxes later.

I am sorry, I don't realize how it works in the UK.

In the US, you need a Social Security number to be employed, then on your paycheque it deducts how much is taken out in taxes, which is factored in after you sign an employment form with your company and enter into a tax regime according to how much you want to pay and what your salary is. This is all linked to your SS number. So then, how exactly can I receive a paycheque if I don't have this info or NIN?

How long does it take to get a NIN?


I

s your second nationality a visa nationality? If not you can travel at least and explain your situation to the border force officer. Could be a hassle.

The second nationality is a Commonwealth nationality, and a wealth one at that. I wouldn't need a visa to travel in and out of the UK with that. I just want to know if the blank passport, the fact that it was issued 2 yrs ago compounded by not having an exit stamp from the passport country plus entry in the UK might raise some flags. Is there any way to link both of the two passports?

86ti, have you done this whole process or know someone who did it, by chance?

[/quote]

[86ti]

Well, in theory if I was in the UK I would have the EEA family member permit sticker in my passport, which would make me legal to be in the UK, so the bank would have to accept me, right?

You would be legal simply because you are married to an EEA national. The banks can choose to do business with whomever they like.

So then, how exactly can I receive a paycheque if I don't have this info or NIN?

Forget about the US for a moment and just accept that the UK is different. You foresee problems where there are none.

How long does it take to get a NIN?

Can't be bothered to read the link?

or know someone who did it, by chance?

Comes up here quite frequently.

[Tommy14]

You would be legal simply because you are married to an EEA national. The banks can choose to do business with whomever they like.

Thanks, I realize that the banks can refuse whomever they want. I just figured that there would be minimum requirements for getting a bank account other than just a passport.

Forget about the US for a moment and just accept that the UK is different. You foresee problems where there are none.

I accept it, I was just trying to be thorough. As I said, I don't want to get there and find out that I cannot work, as I would be leaving my current job.

Can't be bothered to read the link?

I did read it. I saw this first of all: "Although you need to have a National Insurance number to start work you don't need to have a plastic National Insurance number card." Which would indicate that I need the NIN to start work.

Then I saw 12 weeks to get the plastic card. I saw that they will tell you your number by letter in the mail, but it did not say how long.


What I was hoping for was a vignette from someone who was in my situation who went through all of these stages and could tell me the steps I need to take and where to avoid potential landmines.

[86ti]

The people answering here were typically in the same or similar situation and tell from experience.

[Tommy14]

I appreciate you helping me. I hope it all works out!

[Directive/2004/38/EC]

The EEA Family Permit is one of the documents listed by the UK government that allow an employer to employ you with no second thoughts. You are in the same category as somebody who has a UK passport (which is another document on the list).

A national insurance card is optional initially. Worth applying for, but is not needed before you start working.