After ports "1A" admission stamp - what next.

[Graham Weifang]

Hi all,

Looking ahead to later this month when we present ourselves to the UKBA at Port of Calais.

1/ Briefly, I am UK citizen, my wife is Chinese citizen.
2/ Together 4 years, and we married last year
3/ I have been (still am) exercising "Economic Treaty rights" in Germany by living & working here gathering evidence etc.
4/ Later this month we will present ourselves to the UKBA at Port of Calais for entry for my wife using Surinder Singh route.

So, looking forward, expecting all our evidence to measure up well, and she is granted entry, and an 1A stamp placed in her passport.

So this is my question for this thread,,,What would be the efficient and effective way for her to start work in UK.
For that I mean, she will need an National Insurance number, some tax reference number, it is probable that she will visit the job center to look for work.
Where exactly does the EEA2 come into our situation.
Her is not interested in any UK passport, but obviously our aim is permanent residence in UK, in so much that she can freely travel in and out of UK, to Europe, and of course, back to China when she feels like a home visit is needed.

GW

[SouthWest1]

she can apply for NIN once she is here and normally she will be offered an interview with in one week. she can look on line for jobs or visit the JC and look for what's appropriate for her.

EEA2 should come within 6 months from entry. Although the 5 years RC is just a confirmation of her rights and not mandatory ( as HO claims.), but you wont find any employer accepting this beyond the 6 months period stamped on the passport. although without it, she will need a FP every time she goes out of UK and wants to come back. ( again she can challenge Immigration every time she lands but she will need to have all documents with her and your self being physically in UK)
so all in all, its better to apply for it to save your selves all that headache.
BTW, Form costs £55 now.

[Directive/2004/38/EC]

Please let us know how it goes with trying to find a job using Code 1A stamp.

[Graham Weifang]

Hello Directive,

I am hoping that when my wife gets 1A stamp, then she will not have a tough time, finding work.

Do you think employers might read things differently?

Page 40 of this document, "Comprehensive Guidance UKBA" seems to spell things out quite clearly.

http://www.google.co.uk/url?sa=t&rct=j& ... 2k&cad=rja

GW

[Directive/2004/38/EC]

Hard for me to judge. I have not heard of many examples of people with Code 1A either having problems or not having problems.

Note that the document you sent the link to does not mention Code 1A: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

In any case, once you enter you should consider immediately applying for a Residence Card (including a cover letter which asks for the immediate return of your passports) so that she will have the passport back in time for starting to work. I assume it takes 8 weeks to find a job and 8 weeks to get the passport back.

[Jambo]

Note that the document you sent the link to does not mention Code 1A: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Code 1A is just the internal name of the stamp. The stamp shown on page 40 is Code 1A.

[Graham Weifang]

Thanks Jambo,

So after arriving in UK with the A1 stamp, is the next step to send off an EEA2 form with the £55 payment?

GW

[EUsmileWEallsmile]

It is vey useful to have a residence card, so the answer to your question is yes.

[Graham Weifang]

Hi EUsmileWEallsmile,

Useful, I see you say.

Is that conferring that it is not a requirement?

If one decided not to apply for a residence card, what would be the downfalls?

We probably will apply, but if it is not required, then I can't really see the point of spending £55.00 when there seems to be no appreciable gain.

I can't see that EEA2 applications and the issue of residence cards has changed for the quicker since the introduction, of a some what derisory £55.00 charge.

GW

[Jambo]

I suggest you read Do you need to apply?.

[euroguys]

Hi EUsmileWEallsmile,

Useful, I see you say.

Is that conferring that it is not a requirement?

If one decided not to apply for a residence card, what would be the downfalls?

We probably will apply, but if it is not required, then I can't really see the point of spending £55.00 when there seems to be no appreciable gain.

I can't see that EEA2 applications and the issue of residence cards has changed for the quicker since the introduction, of a some what derisory £55.00 charge.

GW

I am also studying this situation as the family has an "entry clearance" 1A purporting to be valid 6 months whereas in fact this is not the true situation, a right never expires particularly on the Singh/Eindt route since the British partner has an absolute right of abode/residence that can not be lost whilst holding British Citizenship.

My take on this is that having admitted the non eea family member(,s) at port where UKBA were free to look at the supporting evidence of treaty rights having been exersized (and therefor were satisfied proven by granting entry) No obstruction to employment (as in the current practice of "being unable to confirm the right to work" beyond the 1A stamp date "limit" is lawfull)

Residence documents for non-EEA family members of EEA nationals

This page explains why the non-European family members of European or Swiss citizens may want to apply for confirmation that they have the right to live in the UK. It also describes the documents that they can apply for.

If a citizen of the European Economic Area (EEA) or Switzerland is living in the UK in accordance with the Immigration (European Economic Area) Regulations 2006, their family members who are not EEA or Swiss citizens also have the right to live here. You can find out what we mean by a 'family member' under 'More information' below.
Types of residence document

If you are the non-European family member of an EEA or Swiss national, and you have come to the UK with them, you can apply for a residence card. This is a document which confirms your right of residence under European law. Your residence card may take the form of an endorsement in your passport (also called a 'vignette'), or it may be a separate document called an 'immigration status document'. A residence card is normally valid for 5 years from the date when it is issued.

When you have lived here for a continuous period of 5 years with the EEA or Swiss national (who must have been in employment, self-employment, studying or self-sufficient in the UK throughout the 5 years), you can apply for confirmation of your right to permanent residence in the UK.

To find out how to apply for any of these documents, see the Applying for residence documents page.
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.

http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/

there is a directive (link appreciated) that says no administrative process may be made dependent on the posesion of a confirmation of a right (residence card) and that such rights may be attested in other ways.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Q14.
Which groups in the UK are not subject to immigration control?
A.
Those who are not subject to immigration control in the UK, and whom you can employ without
restriction are:

•
Nationals from European Economic Area (EEA)/European Union (EU) countries and
Switzerland (except for EU2 nationals);
and
•
Family members of adult nationals from EEA/EU countries and Switzerland, providing the
EEA/EU national is lawfully residing in the UK.
You should not employ person on the basis of their claim to belong to one of these groups of
people, this will place you at risk of employing someone illegally if their claims are false.
You
should get an excuse for all of the persons you are looking to employ by correctly following the steps
explained in the section on ‘How to carry out document checks.’

So here UKBA poison the well by not indicating that a non eea may attest by other means as to the basis of their right to work i.e. by producing evidence to the employer of their British spouse having exersized treaty rights in Europe and that The Brit IS always a qualified person by ECJ Ruling of Eindt

Employers following the two paragraphs above re employment checks will always get a "canot confirm" thus trampling an existing right already confirmed by addmission at all

This is of course only true (in my view) In Singh/Eindt cases already in the UK