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Bulgarian National married to Italian

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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albertocasula
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Bulgarian National married to Italian

Post by albertocasula » Sun Apr 03, 2011 6:02 pm

Good evening everyone.
I would like to enquire about the possibility of my will-be wife of getting a work permit and/or knowing her working situation here in U.K.

We are going to get married in May.
I know after we marry we need to register her as a spouse of a EU member.
the paradox of course is that Bulgaria is a EU member but somehow the British Government considers them like non EU for working purposes.

Now, after we marry, how long will it take before she can actually start working as an employed person?

And if a registration certificate is not enough to allow her, what else do we have to do?

Thanks a lot in advance

geriatrix
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Post by geriatrix » Sun Apr 03, 2011 7:20 pm

Life isn't fair, but you can be!

John
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Post by John » Sun Apr 03, 2011 7:51 pm

I think it would be worth also reading this UKBA webpage and in particular the section headed "Exempt from the worker authorisation requirement".

In that section you will see "you are the family member of an EEA national exercising a Treaty right in the United Kingdom".

So as sushdmehta has hinted, a Residence Card needs to be applied for, using form EEA2.
John

Obie
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Post by Obie » Sun Apr 03, 2011 8:03 pm

I might be wrong, but i don't think Bulgarians can apply for Resident Card. I believe as Union Citizens, they can apply for Registration Certificate if they are married to full EEA national exercising treaty rights in the UK.
Smooth seas do not make skilful sailors

John
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Post by John » Sun Apr 03, 2011 8:40 pm

Obie, yes, I think you are right.

I think it will be best if both spouses apply for a Residence Certificate, the Italian national doing so because getting that will prove that he is indeed exercising Treaty Rights in the UK.
John

albertocasula
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Post by albertocasula » Sun Apr 03, 2011 8:58 pm

I thank you very much for your quick response.
doesn't anyone know what would we the waiting times to attain these certificates?

Obie
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Post by Obie » Sun Apr 03, 2011 10:17 pm

I am open to correction, but as far as i know, a registration Certificate is issued immediately upon application. You are entitle to visit any of you local public enquiry office to have it issued on the same day free of charge.

Strictly speaking, a Registration Certificate is not a compulsory administrative requirement, but as you wife is subjected to transitional control, which restricts her entitlement to UK job market. It might be argued that it is wise for her to apply for it
Smooth seas do not make skilful sailors

John
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Post by John » Mon Apr 04, 2011 6:34 am

..... but as you wife is subjected to transitional control, which restricts her entitlement to UK job market. It might be argued that it is wise for her to apply for it
Indeed she has the right to work now, but proving it is another matter. Hence to need to make the application.
John

albertocasula
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Post by albertocasula » Mon Apr 04, 2011 7:47 am

That sounds like wonderful news for us.
In fact, as stated by the EEA form "To apply for a residence card as confirmation of a right to reside as a non-EEA national family member of an EEA national who is exercising Treaty rights in the UK or for permant residence in this capacity.
And the list of the EEA nations indeed includes Bulgaria.
Do you have any idea where to find a list of local public enquiry offices, since I can't find it on the internet?
Would a register office release those certificates?
Do you also know what documents are required to apply?
John wrote:Indeed she has the right to work now,
she does but as a self-employed, you mean this restriction would be automatically lift in the moment we get married?
Thank you very much.

petkanov
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This is what to do:

Post by petkanov » Mon Apr 04, 2011 11:37 am

If you the Italian citizen already have registration certificate, then the bulgarian wife will have to complete form BR1 and fill section 2.

If you the Italian citizen DON'T have a registration certificate, then you fill form EEA1 and include your wife on it and both of you will get it.

albertocasula
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Post by albertocasula » Mon Apr 04, 2011 12:41 pm

Thanks petkanov is that what you did?
and how long did it take before getting that document?

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