EEA2 or FMRS ?....confusion

[brendonuc]

Hello, please help me through this confusion !

I am currently on a Tier 4 student visa, which expires in May.

I have lived, studied and worked part- time in the uk for the last 18 months.

My wife is an EEA national and has lived and worked in the UK for the last 14 months, but is not registered with WRS.

We were married in the UK Dec 19th, 2009 with a certificate of approval. (1 yr, 2 months)

Should I fill out the EEA2 or FMRS application to continue my right to work here in the UK ?

thanks so much for any clarification.

[86ti]

A worker must register under the WRS scheme and you would have to prove that fact in an FMRS applications. The WRS, however, becomes obsolete in May this year. Your rights to work do not derive from documentation but from your marriage to an EEA national.

[brendonuc]

"If you are a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia and want to work for one month or more for a United Kingdom employer you must register under the WRS."


On the EEA1 application it says that only if you are a national of one of those countries do you have to be registered under worker registation scheme.. A national of Spain can simply prove with a letter from employer and pay slips that have worked for over a year. This is what I understand from the application.

[86ti]

But you can't just overlook the "must register" and "working legally". Maybe you also have a look at the responsibilities of the employer.

She would have to send in here WRS for an EEA1 application.

[brendonuc]

My wife is a Spanish national:

"Who is exempt from registration?
You do not need to register to work if:
you are self-employed;
you have already been working legally in the UK for 12 months without a break in employment;
you are a 'posted worker' (which means that you are providing services in the UK on behalf of an employer who is not established in this country);
you are also a citizen of the UK, another EEA country that is not listed above, or Switzerland - this is called 'dual citizenship';
you are the husband, wife, civil partner or child under 18 of a person who has permission to stay which allows them to work here; or
you are the family member (see below) of a Swiss or EEA citizen (except a citizen of Bulgaria, Romania or one of the countries listed above), and that person is in the UK as a worker; or
you are the family member (see below) of a Swiss or EEA citizen who is living in the UK as a student, or as a retired or self-sufficient person; or
you are a family member (see below) of a person who is subject to the Worker Registration Scheme.



and therefore.. exempt from registration..

on the eea1 application it says :

"Complete this section only if you have completed 12 months’ continuous lawful employment in the Uk after registering
under the worker Registration Scheme. The nationals who may have to register under the Scheme are those of the Czech Republic, Estonia, hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia. Please make sure you provide your worker registration card and all worker registration certificates."

It really appears as though, on the Jan 1, 2011 application, that Spanish nationals do not need a WRS to apply to EEA1. http://www.ukba.homeoffice.gov.uk/sitec ... /eea11.pdf

[86ti]

Sorry, now I see! I assumed too much when you asked regards the WRS and FMRS. As your wife is not an A8 national that's totally irrelevant to you, of course. Just apply for a residence card on form EEA2 at any time it is convenient for you.

[brendonuc]

Ok, thanks for the help..

I think we should apply jointly for, her for EEA1 and I for EEA2, I heard that the processing time is much faster. Do you think that is a better idea than just going for EEA2 ? thanks again

[86ti]

No, joint applications are not faster.