EEA husband wasn't allow to enter UK as a EEA family member

[hernan_arg]

Hello,
A couple of days ago, I asked about my rights to enter the UK with my Italian wife. Last week we travel to the UK together, and at the border we presented our passports (I am Argentinian) and the marriage certificate with the appostille. The border officer asked my wife why she was coming to the UK, how long she was plannig to stay and how she got the Italian citizenship. My wife was borned in argentina, but is Italian and has an italian passport (her father is italian). My wife told her she was comming for a job interview, so the border officer asked her what she was going to do if she didn't get the job, and more questions regarding the job offer, like the term of the contract, etc. The border officer also asked a lot of questions to me, if I had a job and how would I manage with my job if my wife got the job. I told her I was self employed. After all these questions she told us she was going to give me a tourist stamp, which does not allow me to work. She also told us, when my wife gets the job I could apply for a residence card.
I would like to know if it's legal to give me a tourist visa, and also if its common to ask all these questions to an Italian citizen. I was told that as an Italian you could enter the UK without having to give any explanation. I would appreciate if someone could give me some advice! I really would like to work before I have the residence card, because it takes 6 months.
Thank you!

Best regards,
Hernan

[Lucapooka]

It is legal to give you a tourist visa if you did not specify. You were eligible to enter as a UK visitor or an EU partner. They should not have admitted you as a UK visitor if you specifically asked to be admitted under EU rules. Did you ask for this? Not that it matters too much as, given the line of questioning from the officer, and your intention to remain in the UK if you found work, you should not have been given a UK visit visa in any case, purely on the basis that there is no clear intention to leave the UK after the visit. So the officer was having a bad day when they decided to admit you under UK rules.

There is nothing wrong in your situation and you can simply ignore the UK visa stamp and remain in the UK as your wife's partner.

You can work legally but may need to show employers proof of your status. If you are intending to be self-employed that may not matter. You can apply for a residence card but perhaps not before your wife starts to exercise her treaty rights, as evidence of this will be required. What does she intend to do in that respect?

[Directive/2004/38/EC]

Your wife can be asked any question the border guard wants, include what her favourite colour is. But she does not need to answer! See http://eumovement.wordpress.com/law-ecj ... ands-1991/


You should have been given a Stamp 1A. http://eumovement.wordpress.com/2010/08 ... to-travel/

You can work right now if you want, but it will be hard to prove your right to work with the stamp you are on.

I would encourage you to complain loudly! http://eumovement.wordpress.com/2011/11 ... fectively/

[EUsmileWEallsmile]

After all these questions she told us she was going to give me a tourist stamp, which does not allow me to work.

Your rights to work depend completely on your wife's status. For the first three months, there are no conditions, your wife is automatically living in accordance with the regulations. After that she needs to be either a worker (includes job-seeker), a student or self sufficient person.

The law says that you can work as long as your wife complies with the above conditions. In practice, you will struggle without a COA/residence card (un resguardo / tarjeta de residencia).

Apply for a residence card as soon as you can and insist that they treat your case with priority given the trouble you've had so far.

[acme4242]

It does not matter what silly border guard said or done.

You as spouse of an EU citizen, and your wife may remain upto 3 months
without any conditions.
If you wish to stay longer, As soon as your wife becomes employed,
self-employed or becomes a registered student, you apply for residence
card as EEA family members.

You and your wife have an automatic right to apply for work and
employment.

As regards the treatment you both received from the UK border official
you should raise a complaint with the EU commission and direct to the UKBA
http://www.ukba.homeoffice.gov.uk/about ... complaint/

With the UKBA, please do make a complaint, but don't expect them
to improve or even comply with UK and EU law.
But every valid complaint makes them look bad.

[Directive/2004/38/EC]

I 100% agree you should make a complaint!

[hernan_arg]

Hi, thank you for your very helpful answers and advices.
We were completely confused with all the questioning, because we knew that I as an EEA family member was allowed to enter the UK and work without any issues, and also in my wife's case we supposed that having an Italian passport they shouldn't ask all that questions.
Right now my wife is looking for a job and I'll try to look for a job also and see what happens, but as soon as my wife gets a job I'm going to apply for my residence card and I'm going to ask get a priority treatment based on the trouble caused by the inmigration officer.

Best regards
Hernan

[Directive/2004/38/EC]

Hi, thank you for your very helpful answers and advices.
We were completely confused with all the questioning, because we knew that I as an EEA family member was allowed to enter the UK and work without any issues, and also in my wife's case we supposed that having an Italian passport they shouldn't ask all that questions.
Right now my wife is looking for a job and I'll try to look for a job also and see what happens, but as soon as my wife gets a job I'm going to apply for my residence card and I'm going to ask get a priority treatment based on the trouble caused by the inmigration officer.

Best regards
Hernan

Complain now about the border incident. Then you will be in a better position to request priority later.[/url]

[hernan_arg]

Hi, I filed a complain with UKBA and already received the email were they said that I should receive an answer to my complain within 20 working days.
Now we booked an appointement to get the national Insurance number, but in my current situation I don't know if I can get it (I was given a visitor stamp that says that it's illigal for me to work).
I was told that during the first three months, I can apply for a residence card even if my wife is still a job seeker, is that correct?
Becasuse in the UKBA web site says that my wife must be exercising her treaty rights, but they don't explain if a job seeker is considered exercising treaty rights.

Best regards
Hernan Assi.

[EUsmileWEallsmile]

After all these questions she told us she was going to give me a tourist stamp, which does not allow me to work.

Your rights to work depend completely on your wife's status. For the first three months, there are no conditions, your wife is automatically living in accordance with the regulations. After that she needs to be either a worker (includes job-seeker), a student or self sufficient person.

The law says that you can work as long as your wife complies with the above conditions. In practice, you will struggle without a COA/residence card (un resguardo / tarjeta de residencia).

Apply for a residence card as soon as you can and insist that they treat your case with priority given the trouble you've had so far.

See above to answer your questions.

The stamp you received forbidding your right to work is contrary to article 23 of the directive.

Just a thought, but have you considered taking a short trip say to Europe and re-entering?

[hernan_arg]

I really considered travel to France to re enter UK but when I contacted Your Europe advice, they told me that the best option for me is to apply for a residence card based in my wife status (jobseeker) but as far as I know it takes at least 6 months.
I consider re enter UK the fastest way to be able to work in the here.

Thank you.
Hernan.

[Directive/2004/38/EC]

It will take 3-6 months to issue the rc, but you should get back a COA after a month. I would also ask for the immediate return of your passports.

[hernan_arg]

Do you know if once I received the COA I can start working? or I have to wait until I have the residence card? Thank you!
Hernan

[EUsmileWEallsmile]

Do you know if once I received the COA I can start working? or I have to wait until I have the residence card? Thank you!
Hernan

The COA will explicitly say that you can work.

In practice, it would be much easier for your wife to apply as a worker than as self-sufficient (this is also possible of course, but maybe not so easy). The work does not have to be full-time, it can be part-time.

[portuguesecitizen]

I'll send you a private message!