Request for Info

[crown]

Please I need some help from anyone for a couple please. The guy is a non-EU professional. The wife is an Irish citizen and usually stays at home to sort the family out. They have been based in Ireland for years. Unfortunately' due to the downturn in Ireland the husband wants to go and work now in the UK using his wife's EU status. But she cannot go with him now because of the kids and other issues. How can he get work authorisation without the wife settling down now with him? Is it possible? What forms would they fill?
Thanks
Crown

[Plum70]

Non-EU family members derive their rights of residence from their EU/EEA spouses. Therefore, if his wife is not accompanying him to the UK, he will not be able to reside here under EU law.

Unless he is looking at applying for a UK work permit (under national rules), I struggle to see how he can reside here without his wife.

[crown]

Non-EU family members derive their rights of residence from their EU/EEA spouses. Therefore, if his wife is not accompanying him to the UK, he will not be able to reside here under EU law.

Unless he is looking at applying for a UK work permit (under national rules), I struggle to see how he can reside here without his wife.

Thanks Plum 70
How about if the wife just goes and registers her residence in the UK? Does he get residence rights immediately? And she comes back immediately. It is just that the kids are in school and one is due to do the Living Cert next year and would not be wise to change school now At the same time no jobs in Ireland and the wife has not been working since living college and thus might not get a great pay in the UK
Thanks
Crown

[Monifé]

Thanks Plum 70
How about if the wife just goes and registers her residence in the UK? Does he get residence rights immediately? And she comes back immediately. It is just that the kids are in school and one is due to do the Living Cert next year and would not be wise to change school now At the same time no jobs in Ireland and the wife has not been working since living college and thus might not get a great pay in the UK
Thanks
Crown

That would not work and what you are suggesting is using deception, which most probably would get found out. For the non-EU national to derive EU rights, the EU national (his wife) has to be exercising treaty rights in UK. By this, she needs to be either employed, self-employed or studying with health insurance. When UKBA are conducting their investigation during the process of an EEA2 application (the application process to give the non-EU national rights to live and work in UK), they will conduct an investigation into how the wife is exercising treaty rights and also their residency there. They would need to show utility bills in both names and during the course of the application process, UKBA will contact the wife's employer/college to ensure that she is working/studying there and for how long.

Also, to enter to UK legally. He will need to apply for an EEA family permit.

The non-EU national's right to live and work there is solely due to the citizenship of his wife and if she is exercising treaty rights. If she is not in the UK with him (the whole time he is there except for necessary absences like going home due to family illness, her own illness or holiday), then he has no right to live and work there.

[crown]

Thanks Plum 70
How about if the wife just goes and registers her residence in the UK? Does he get residence rights immediately? And she comes back immediately. It is just that the kids are in school and one is due to do the Living Cert next year and would not be wise to change school now At the same time no jobs in Ireland and the wife has not been working since living college and thus might not get a great pay in the UK
Thanks
Crown

That would not work and what you are suggesting is using deception, which most probably would get found out. For the non-EU national to derive EU rights, the EU national (his wife) has to be exercising treaty rights in UK. By this, she needs to be either employed, self-employed or studying with health insurance. When UKBA are conducting their investigation during the process of an EEA2 application (the application process to give the non-EU national rights to live and work in UK), they will conduct an investigation into how the wife is exercising treaty rights and also their residency there. They would need to show utility bills in both names and during the course of the application process, UKBA will contact the wife's employer/college to ensure that she is working/studying there and for how long.

Also, to enter to UK legally. He will need to apply for an EEA family permit.

The non-EU national's right to live and work there is solely due to the citizenship of his wife and if she is exercising treaty rights. If she is not in the UK with him (the whole time he is there except for necessary absences like going home due to family illness, her own illness or holiday), then he has no right to live and work there.

Thanks guys for this information
Regards
Crown