EEA Family Permit - Help please

[vytswp]

Hi all,

I am a Portuguese national and my husband is Canadian. We currently live/work in the Netherlands. As I understand, for us to move to the UK, we would have to obtain a VAF5 for my husband.

In the VAF5 application, it asks if the non-EEA national will be accompanied by EEA national into the UK OR if the non-EEA national will be travelling to join the EEA national in the UK.

We were told today that if our intention is long-term residence in the UK, I must already be in the UK exercising my treaty rights when my husband applies for the family permit. If, however, he applies for the permit and we enter the UK together, then my husband is only considered a visitor.

This doesn't seem to be mentioned anywhere on the UKBA website. Is this true?

Any help would be appreciated. Thanks!

[vytswp]

Also, is a EEA FP enough to show prospective employers that my husband is legally allowed to work in the UK? Or is a residence card necessary before my husband can start looking for work?

[EUsmileWEallsmile]

There was a very similar question asked by a Spanish national married to an Australian. Your case is very similar. If you still have questions feel free to ask.

http://www.immigrationboards.com/viewtopic.php?t=102250

[vytswp]

Thanks for the reply. I think what you guys do here is really great. Providing a forum for people to exchange knowledge and experiences makes dealing with the UKBA or Home Office less daunting.

I have spent the better part of the day reading up on this and this is what I've come to understand:

though a EEA FP is not legally required for my husband to enter the UK (1. Because he's Canadian and 2. Because he holds a valid Dutch residence permit) the advantage of getting a Family Permit is that he can seek employment immediately, before making his EEA2 application and before I become a 'qualified person'.

Is this accurate, or am I totally off base here?

[Jambo]

This is quite accurate.

Strictly and legally speaking, your husband will have the right to work from day 1 even without a Family Permit but it would much easier to convince potential employers of his right if he has a nice vignette in his passport rather than just an entry stamp (which is what he would get without a FP).

[EUsmileWEallsmile]

Jambo is correct, the spouse of an EU citizen, who is exercising treaty rights is allowed to work. An employer will not be fined for employing someone because they have a right to work.

However, many employers are quite strict on who they employ. Even with a family permit you may struggle to convince an employer to take a 3rd country national on.

I personally would recommend that people apply for their residence card as soon as they can. A certificate of application should be issued within a couple of weeks; that explicitly is covered by the list of excuses and it will be easier to persuade an employer to take the holder on.

[Jambo]

that explicitly is covered by the list of excuses and it will be easier to persuade an employer to take the holder on.

As does the EEA Family Permit. See page 35 in Comprehensive Guidance for Employers on Preventing Illegal Working.

Both are "valid" for 6 months but as he will need to apply for a Residence Card anyway, it might be simpler to skip the hassle of getting the Family Permit.

[EUsmileWEallsmile]

that explicitly is covered by the list of excuses and it will be easier to persuade an employer to take the holder on.

As does the EEA Family Permit. See page 35 in Comprehensive Guidance for Employers on Preventing Illegal Working.

Both are "valid" for 6 months but as he will need to apply for a Residence Card anyway, it might be simpler to skip the hassle of getting the Family Permit.

I know, but here's where we have a little difference of opinion :)

Unless it's changed since the last time I looked, there is a photograph, but no words. The words in the list of excuses don't specifically mention the family permit, but do mention the COA, residence card and permanent residence card. (I can't open the file just now, says website down)

If I were a cautious employer worried about my reputation and ability to sponsor foreign nationals to the UK, I might think twice about a family permit and ask the candidate to apply for a residence card.

I agree that the holder can work. My point is that it might be difficult to persuade an employer.

[Jambo]

I agree the wording of the CoA is stronger as it explicitly state the entitlement for employment (if married) whilst the EEA FP doesn't.

I never understood why employers would trust more a piece of paper (when the passport is normally held by the HO) than a vignette in the passport but I guess for a country with no ID cards it's quite common.

[vytswp]

This is all really helpful! Thank you, EUsmileWEallsmile & Jambo!