EEA2 residence card - still looking for employment

[johannf]

Hi there.
I really hope someone can help!? I've done searches on the web to try and find answers, but havent had much luck.

We moved to Northern Ireland in December last year. My wife and children on their irish passports and myself on EEA family permit. My wife was born in the UK, so she can get a british passport etc. if needed.
So my wife and 2 children are fine here and have the right to stay etc. But I have to apply for residence.

When I applied for my EEA family permit i was told by the immigration advisor in South Africa, that when i get to the UK I need to find work, before I can apply for an EEA residence card. (which I found now was misleading!) It was made clear by them that it was the main requirement.

So we have now settled in Northern Ireland, and have been living on the money we brought over from South Africa. This has kept us going up until last month. I have been looking for work since December. But I cannot find work!!!! and I am still looking. Even the basic jobs that I've applied for didnt get me employed. I actually find that ppl here dont want to employ foreigners, as I've seen locals being chosen over me, eventhough I clearly have better skills and experience. This is disheartening... On top of that it seems with the economy still being fragile, and the latest budget/job cuts by the govt, jobs are even more difficult to come by. Bad news for us.

So anyway, I downloaded the application forms for the EEA2 residence card/permit last week to see if I have any chance of getting a residence card, despite the fact that I dont have employment. When reading through the criteria for the application I realised that we have been mislead by the advice from the immigration advisor (private company) in SA, and that i could have also applied for a EEA residence card if my wife was working, and not just if I was working.!!!???! If we had known this, my wife would have been out jobhunting too. As she has years of experience as a P.A/Office administrator, she would have a much better chance than me, to find work.

My dilemma is that my EEA family permit expires on 25 May, which means we have hardly any time left to find employment. My wife has been staying home looking after the kids all this time, but we have now updated her Cv to see if we can still find her work before my family permit expires, so that we can apply for my residence card.

But what are we to do if both of us are still unemployed by end of May? Does this mean I will be deported? Is there any other way I can get my residence card? For example, will it help if my family in South Africa provides me with enough funds to sustain myself for the next 6 months? Or wont the UKBA/Home Office accept this as being "self-sufficient"?

I was on one of the Law websites for northern Ireland where they compared the UK spousa visa application with the EEA residence permit application, and there it states that no financial evidence is required for the EEA residence permit. So this is abit confusing.

I am desperate guys. We gave up everything in SA to come over here, so that my wife could be re-united with her family, etc. And I have been out every week looking for work, even going to see companies that specialise in the work I am qualified to do, to see if they have any parttime/temp opportunities. And I am attending a course next week on how to start one's own business. But it looks like all the effort will now be in vain, if I cannot stay with my family. All I need is abit more time to look for work, or start my own business.

Just to be clear, I DONT want to claim benefits, and dont want to be a burden on anyone. We didnt come over here to leech from the govt. We came over here to make a life for ourselves, and to be close to family.

If anyone can help, I will be so grateful!

Johann
Belfast
johann.fenske@gmail.com

[Kitty]

Applying for a Residence Card is not compulsory. However, you will find it useful to have one to prove your entitlement to work.

Under European law, your wife may come to the UK to exercise "treaty rights": basically working, studying, or as a self-sufficient person. If you are living off savings, then you may be "self sufficient" if you also have appropriate sickness insurance.

There is an initial 3-month right of residence, after which she needs to be doing one of those things in order to benefit from European law.

As her spouse, you are entitled to come to the UK to join her, and to live and work here as long as she is exercising treaty rights.

It sounds as if the most sensible thing would be for your wife to find a job: note that it doens't have to be full time, or command any particular salary.

Once she can prove that she has a job (salary slips, employment contract), then you can apply for a Residence Card, which will in turn help you to find work.

The expiry of your Family Permit is only really a concern if you need to travel before you get a Residence Card.

It may be that there is a period during which you are not entitled to residence under the European rules. However, you are highly unlikely to be removed from the country: either you get yourself sickness insurance, or your wife finds a job.

http://www.ukba.homeoffice.gov.uk/eucit ... sibilites/

[johannf]

kitty, thanks for your reply, and for the advice. Much appreciated.

We are already looking for work for my wife, as time is really running out. And I am going to continue applying for jobs for myself as well, as this could also help, it seems, if i look at the residence card application form.

Just one more question. If my family permit expires on the 25th May, what is the latest that I can send in my Residence card application form? I was told it has to be sent in a month before expiry of my permit, but to be honest, closer to the expiry date we can send it in, the more time we have to get my wife (and/or myself) a job first.

* What does sickness insurance cost? is it expensive?

[86ti]

kIf my family permit expires on the 25th May, what is the latest that I can send in my Residence card application form? I was told it has to be sent in a month before expiry of my permit...

Kitty has explained that already in her first sentence. Since there is no requirement to apply for a RC there is logically also no time limit for an application. It may also be a good idea to follow the link above and read throught the material there in particular the ECIS (link there at the bottom of the right column).

[johannf]

Thank you 86ti

[fysicus]

What does sickness insurance cost? is it expensive?

You can avoid sickness insurance if your wife registers herself as self-employed (even without generating income from that). Then you will have to pay National Insurance yourselves (£2.50 per week) and you are all entitled to NHS care if necessary, and fully comply with EU regulations at the same time.

[johannf]

fysicus. thanks for the info on this. My wife does make custom jewellery that she sells over weekends and to friends and family, but because she doesnt have any invoices, lease agreements etc, as its all cash, we didnt think this would count...so your info really helps.