EEA2 Compulsory for rights, not optional
I am a non-EU citizen (Australian) with an EU Wife (Hungarian – an A8 country).
My wife has just completed her 12 month WRS.
I have had an FMRS for 12 months (expires tomorrow, the 6th of June 2008).
I have applied for my EEA2 and my wife has applied for EEA1 – we sent the documents yesterday (together, to the EEA1 address, as advised).
I have a limited company registered here in the UK through which I work.
I have been doing work for a big financial company who tell me today that their lawyers are saying that I CANNOT continue to work in the UK unless either myself or my wife applies for the appropriate thing – EEA1 Registration Certificate for my wife, EEA2 Residence Card for myself. They claim their lawyers are top lawyers with great understanding of the law and consultants to the government blah blah blah
So – does that mean that the Residence Card is not in fact an optional confirmation of your rights, but a NECESSARY item without which, you do not actually have those rights? (to reside / work). I mean, it is one thing to say someone has rights but if they cannot exercise them (e.g work) then they don’t really have them, do they?
What are people’s thoughts on this?
I found it odd they advised that either my wife or myself apply.
We have of course applied, but now there is the question of whether they will allow me to continue working until I get the confirmation letter from Home office. That might be a few weeks, who knows. UPDATE – they have spoken again with their lawyer and have been told that if I email confirmation that I have applied as a family member under European law for further leave to remain in the UK (EA2 form) and confirm the date that I sent this application off, it is reasonable for me to continue to work prior to receiving acknowledgement from the authorities.
So that is a relief but again, aren’t these things meant to be OPTIONAL?
Also, my wife would like to travel in Europe during the time that they have her European passport. She has an Australian passport as well, and can travel on that, although it may cause problems when re-entering the UK. The Home Office said it was OK for her to travel on her Australian passport but that it could be a hassle coming back, but if she explained her situation it should be OK. Has anyone had weird problems doing something similar?
Note a year ago I lost a contract because I did not have the “optionalâ€
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