right to work and travel after marriage with EEA national

[31gstonepark]

Hi. Would someone kindly explain to me what happens after the marriage with EEA national. My partner is non-EEA national and we are getting married shortly hopefully.

(1) I believe we will need to apply for the residence card for him confirming the right of stay as my husband using EEA2 form. But does he have the right to stay here without getting the card? I do not know what are the processing times, would anyone please advise?
(2) Can he start looking for the job straight after the marriage? Or he needs first to get a decision on the application for the residence card?
(3) When can we apply for a National Insurance number for him? Can we do it straight after the wedding? Or if not when then and how?
(4) When can we apply for a driving license? We are now studying together with the driving license and I hope we can do it together immediately after the wedding.
(5) Can we travel?

I hope fast route service will start in august for EEA applicants costing £300.00. does anyone knows if its true and how to make an appointment? Is it worth the money or the timing for processing applications is not long anyway? I already hold permanent residence card myself.

Thank you very much for your replies. And advice and support. xx

[alekos]

You can do all of the above and more without a Residence Card, but life is easier if you have one.

[Jambo]

(1) Once you are married, he has the right to live and work in the UK. You don't need to apply for a Residence Card but it is recommended. Process time is about 3-4 months.
(2) He can start working soon after the wedding. However, he might find it difficult to convince employers he has this right without a written confirmation from the HO.
(3) NI number has nothing to do to with the HO process although the JobCentre might ask to see the right to work in the UK. Google "apply for NI number" and follow the instructions. Anyway, you don't need a NI number to start working. You can start working with a temporary NI number and updated it later once you get a real one.
(4) You can apply for driving licence straight away but the DVLA will ask to see that you are legally in the country when producing the provisional licence.
(5) You will need to send your national ID/passports to the HO for the Residence Card application. If you got a national ID, you can use that for the application and travel with your passport. Your non-EEA partner will need to send his passport. You can ask for the passports back at any stage, but I suggest you do that after you get a CoA letter (a confirmation of application). This takes about a month and the letter will confirm your partner right to work in the UK. This will be a good proof to show to employers.

HO processing times have improved compared to the past (probably when you applied for your PR). Nowadays, it takes about 3-4 months to get the RC. It doesn't seem the fast track service will start soon.

As you can see, many authorities in the UK (JobCentre for NI number, DVLA for driving licence) will require both a valid passport and a proof of right to live and work in the UK. It will be easier to deal with them once you partner gets his RC as they are less familiar with EEA regulations and will ask for a HO proof for his rights.

Hope this helps.

[simonmaher]

(1) Once you are married, he has the right to live and work in the UK. You don't need to apply for a Residence Card but it is recommended. Process time is about 3-4 months.

Hi Jambo
Are you saying that once you are married to an EU national (i am not a EU national but my fiance is) that I will have the right to live and work in the UK with out a residence card?

I am currently gathering my paperwork to apply for a residence card based on my fiance being an irish citizen. We are going back to NZ to marry in dec this year, from your quote i will not need to apply for this as when we return in Jan next year we will be married?

thanks[/quote]

[Jambo]

It's not just me saying that. From the UKBA website:

Do you need to apply?

You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.

However, you may be inconvenienced if you do not obtain this confirmation, as:

* you may have difficulty proving that you are lawfully resident in the UK;
* if you leave the UK, you will usually need to obtain an EEA family permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national; and
* you may find it difficult to obtain or change employment.

Legally speaking, if you show up in the UK border with your Irish wife, proof she is working in the UK and a marriage certificate, they will need to let you in as a family member of EU citizen. You might need to spend 20 minutes in the airport while they check your documents but it is possible. You will stamp your passport with a 6 months entry stamp. Alternatively, you can apply for Family Permit in NZ (although getting one in December might prove tricky).

It is worth applying for a Residence Card from the reasons listed above, mainly to convince employers you have right to work in the UK but this is your choice. The Residence Card is just a confirmation of your rights.

[simonmaher]

brilliant thanks Jambo

Sorry for all the questions but will this also mean i am able to work? We are both currently in full time employment and will return to our jobs on our return.

I think however i will still go down the residence card route still to save major inconveniences we may encounter at the aiports.

I also travel for work out of the UK, once i recieve a residence card i am free to leave and enter the UK by myself as long as my (then) EU wife is woring and residing in the UK, is this correct? all other times we would be travelling together

thanks again

[Jambo]

If you currently working, I would just go and ask your employer. Explain your status (maybe print out the relevant page from UKBA website) and ask if they are happy to continue and employ you based on that.

You have a few options:

1) Apply now for Residence Card based on durable relationship (assuming you are in such a relationship for the past two years). If you apply now, it is not very likely a decision will be made before you travel in December (decision on average takes 3-4 months but there is no guarantee). You can ask for the passports back during the process for your travel to NZ. This will not affect your application.

If no decision is made before your travel or you did not apply, then you can either:

2) Apply for a Family Permit from NZ after your marriage. This usually takes a few days but in December might be tricky. In this case, you will need to provide proof your wife is exercising treaty rights in the UK. If she is working, 3 recent payslips should do the trick. The Family Permit is valid for 6 months (but you are not illegal once it expires if your wife is still exercising treaty rights).

3) Don't apply for family permit, fly to the UK (you should not have problem boarding a flight with a NZ passport and in particular if your Tier-1 is still valid), produce the evidence (payslips, marriage certificate) at the border (EU line), wait 20 minutes and get a 6 months stamp (again, you are not illegal once this stamp expires if your wife is still exercising treaty rights).

Once back in the UK, if you did not apply for Residence Card in (1), apply now as a married couple.

If I were you, I would either go for (1) if you got all the evidence ready and your durable relationship "evidence" is strong (tenancy agreements, joint bank account, utility bills etc). In any case, I would ask for the passports back after receiving the CoA letter (Certificate of Application) which takes about a month. You might be lucky and decision might be made before your travel in December.
Or
go for (3) - Show up in the airport and once in the country, apply for a Residence Card as a married couple. The main reason for that is to save trying to sort out the permit in NZ after your wedding. You should enjoy your time in NZ and not spend it in the British consulate.

sorry for the long story, you just have too many choices to choose from....

I think however i will still go down the residence card route still to save major inconveniences we may encounter at the airports.

Residence Card can only be applied for from within the UK. If you apply in NZ after your marriage, this is called Family Permit (and is for 6 months). You should not have problem getting into the UK if you carry proof with you (marriage certificate, payslip of your wife) although this can be a bit painful dealing with (especially on the non-UK side of the flight).

I also travel for work out of the UK, once i recieve a residence card i am free to leave and enter the UK by myself as long as my (then) EU wife is woring and residing in the UK, is this correct? all other times we would be travelling together

This is correct. You can also use the EU line at the border control. You don't need to fill in a landing card and they should not stamp your passport.

[31gstonepark]

hi. you state that the DVLA and Joncentre will ask to see that you mty partner(husband soon) is legally in the country when producing the provisional licence. what proof can we give before he gets his residence card?

we will have to send his passport together with the application and he will have no idea on him them. Would certified copy of his passport be sufficient and certified copy of our marriage certiificate?

or if we request docs back from the HO will the appplication still be considered?

once Confirmation of Appplication is received would that be sufficient proof thatt he is legal here for all the above matters?

[Punjab]

its always best to apply for a RC to avoid bla bla from

1) when you applyf or any visa as embassy can send your papers back

2) checkin agents always ask you million of questions and ring their higher authorites which honestly have not so much knowlede ( they have to ring to ask if HUngary is in EU and if I really don't need a visa to go there if i am travelling with my wife) I hoope their services are better now.

ta

[Jambo]

what proof can we give before he gets his residence card?

If he is illegal in the country at the moment and you send the passport to the HO, you will need to wait until you get the passport back.

we will have to send his passport together with the application and he will have no idea on him them. Would certified copy of his passport be sufficient and certified copy of our marriage certiificate?

No. You need the original documents.

or if we request docs back from the HO will the appplication still be considered?

Yes. Asking the documents back doesn't affect the application.

once Confirmation of Appplication is received would that be sufficient proof thatt he is legal here for all the above matters?

Yes.