EEA National Employment

[soul.biz]

My wife is an Non-EEA National, applying for the EEA2, Residence Card.

Currently, I am unemployed and seeking employment. My wife is also having a hard time getting hired because companies are asking her for the COA before they are willing to hire her.

So, now we are filling in the EEA2 forms and we see that the EA National must be exercising Treaty Rights unless incapacitated or self-sufficient.

I have been seeking employment since we've arrrived in the UK, with no luck. We've been in the country for a month and a half now.

Is it possible to apply for the EEA2 so that at least my wife can proceed with her job interviews?

Do I have to be employed for the application to be valid?

Can I give proof via job rejection letters and job agency letters?

What is the exact process for someone who cannot find employment?

Please help! My wife has had several job interview offers, and no one is willing to hire her without this COA paper!

Thank You!

[Ben]

Hi soul.biz.

I'm assuming that you are an EEA national (not a British citizen).

My wife is an Non-EEA National, applying for the EEA2, Residence Card.

Currently, I am unemployed and seeking employment. My wife is also having a hard time getting hired because companies are asking her for the COA before they are willing to hire her.

So, now we are filling in the EEA2 forms and we see that the EA National must be exercising Treaty Rights unless incapacitated or self-sufficient.

For the first three months in the UK, your right to reside is unconditional. Your wife's right to reside is equal to yours. Both you and she have the right to work during the first three months. No conditions or formalities may be imposed, other than the condition to hold a valid passport / EEA National ID card.

I have been seeking employment since we've arrrived in the UK, with no luck. We've been in the country for a month and a half now.

Is it possible to apply for the EEA2 so that at least my wife can proceed with her job interviews?

Yes, it is possible. Note that such applications take 6 months to process and that, probably just before the 6 months are up, you will be contacted and asked to provide up to date information on the Treaty right which you are exercising.

Do I have to be employed for the application to be valid?

No, but you must be exercising a Treaty right beyond the initial 3 months of entry.

Can I give proof via job rejection letters and job agency letters?

Not necessary if applying within 3 months of entry.

What is the exact process for someone who cannot find employment?

If you cannot find employment beyond 3 months of entry and residence in the UK, you must either be in a position to support yourselves financially (self-sufficient) - or leave the UK. Or you can become a student, or setup a business. Note that if your wife has found employment before the 6 months period of processing the application has expired, you will be considered self-sufficient so long as your wife can support the both of you financially. Private medical insurance is required for people exercising a Treaty right in a non-economic capacity (such as self-sufficiency).

Please help! My wife has had several job interview offers, and no one is willing to hire her without this COA paper!

While there is, of course, no obligation for any company to hire your wife, there is nothing unlawful about employing her upon her production of her passport, your passport, and your marriage cert. It's not unusual though, for employers to want sight of an HO issued document confirming her right to work.

[soul.biz]

Thank you for your helpful reply!

I just wanted to confirm how long it's been taking lately for the CoA to arrive?

And should we include a cover letter explaining the reason for leaving the Employment section blank? (i.e. not having a job yet).

The application also states that we can send in another form of picture ID (instead of passports), would my Spanish ID Card and my wife's Canadian Driver's Licence be considered as valid forms of ID?

Thanks again for your extremely great input!

[Ben]

I just wanted to confirm how long it's been taking lately for the CoA to arrive?

Can't answer that I'm sorry. Hopefully someone else can.

And should we include a cover letter explaining the reason for leaving the Employment section blank? (i.e. not having a job yet).

I would simply state that you have been in the UK for less than three months and, at this time, your right to reside is not subject to any conditions or formalities other than the condition to hold a valid passport or EEA National ID card.

The application also states that we can send in another form of picture ID (instead of passports), would my Spanish ID Card and my wife's Canadian Driver's Licence be considered as valid forms of ID?

Spanish National ID card yes, Canadian Driver's Licence no. Note that some members of this forum have said that sending in photocopies of documents is acceptable, but originals are requested just before issuance of the Residence Card.

Thanks again for your extremely great input!

Pleasure.

[ribena]

Hi Soul Biz,
I could only offer my opinion on experience:

My wife is an Non-EEA National, applying for the EEA2, Residence Card.

Currently, I am unemployed and seeking employment. My wife is also having a hard time getting hired because companies are asking her for the COA before they are willing to hire her.

So, now we are filling in the EEA2 forms and we see that the EA National must be exercising Treaty Rights unless incapacitated or self-sufficient.
> Self sufficient is another form of exercising Treaty Right.

I have been seeking employment since we've arrrived in the UK, with no luck. We've been in the country for a month and a half now.

Is it possible to apply for the EEA2 so that at least my wife can proceed with her job interviews?
> You can apply for EEA2 now. I believe that if your wife can proof that she is actively seeking employment, best to enclosed the doc with the application.

Do I have to be employed for the application to be valid?
>No. You can be self sufficient

Can I give proof via job rejection letters and job agency letters?

What is the exact process for someone who cannot find employment?

Please help! My wife has had several job interview offers, and no one is willing to hire her without this COA paper!
> Convince the employer she has your right via the marriage to you. and get the employer to call UKBA Employer helpline to confirm.

I just wanted to confirm how long it's been taking lately for the CoA to arrive?
> Lately it is from 2-4 months. I have been waiting since 16 Sept 08.Another lady got it in 2+ months. And I would say being a EEA National if you have right for free movement, work etc so the 3 months rules does't really apply. I think UK interpret their own rules. -imho.

read up on EU Directive 2004/38/EC.

Thank You!

[Ben]

And I would say being a EEA National if you have right for free movement, work etc so the 3 months rules does't really apply. I think UK interpret their own rules. -imho.

read up on EU Directive 2004/38/EC.

Good idea - let's do that:

Right of residence for up to three months
1. Union citizens shall have the right of residence on the territory of another Member State for a
period of up to three months without any conditions or any formalities other than the requirement to
hold a valid identity card or passport.
2. The provisions of paragraph 1 shall also apply to family members in possession of a valid
passport who are not nationals of a Member State, accompanying or joining the Union citizen.

Right of residence for more than three months
1. All Union citizens shall have the right of residence on the territory of another Member State for
a period of longer than three months if they:
(a) are workers or self-employed persons in the host Member State; or
(b) have sufficient resources for themselves and their family members not to become a burden on
the social assistance system of the host Member State during their period of residence and
have comprehensive sickness insurance cover in the host Member State; or
(c) – are enrolled at a private or public establishment, accredited or financed by the host
Member State on the basis of its legislation or administrative practice, for the principal
purpose of following a course of study, including vocational training; and
– have comprehensive sickness insurance cover in the host Member State and assure the
relevant national authority, by means of a declaration or by such equivalent means as
they may choose, that they have sufficient resources for themselves and their family
members not to become a burden on the social assistance system of the host Member
State during their period of residence; or
(d) are family members accompanying or joining a Union citizen who satisfies the conditions
referred to in points (a), (b) or (c).
2. The right of residence provided for in paragraph 1 shall extend to family members who are not
nationals of a Member State, accompanying or joining the Union citizen in the host Member State,
provided that such Union citizen satisfies the conditions referred to in paragraph 1(a), (b) or (c).

So, rights of residence for an EEA national and his family members:
Up to three months - no conditions or any formalities other than the requirement to hold a valid identity card or passport.
Beyond three months - must be employed, self-employed, self-sufficient or studying.

The UK EEA regs have correctly implemented this..

13.—(1) An EEA national is entitled to reside in the United Kingdom for a period not exceeding
three months beginning on the date on which he is admitted to the United Kingdom provided that
he holds a valid national identity card or passport issued by an EEA State.
(2) A family member of an EEA national residing in the United Kingdom under paragraph (1)
who is not himself an EEA national is entitled to reside in the United Kingdom provided that he
holds a valid passport.

-and-

14.—(1) A qualified person is entitled to reside in the United Kingdom for so long as he remains
a qualified person.
(2) A family member of a qualified person residing in the United Kingdom under paragraph (1)
or of an EEA national with a permanent right of residence under regulation 15 is entitled to reside
in the United Kingdom for so long as he remains the family member of the qualified person or
EEA national.

-importantly-

“Qualified personâ€

[ribena]

my husband is self sufficient:
quote:
Directive 2004/38/EC Article 7 wrote:
Right of residence for more than three months
1. All Union citizens shall have the right of residence on the territory of another Member State for
a period of longer than three months if they:

(b) have sufficient resources for themselves and their family members not to become a burden ...
to which my husband is. so as his family member I satisfy condition (b). to which again my husband has the right of residence as well as myself. no?
seems pretty straightforward to me, the non eea national get the right of the eea national.

[soul.biz]

Thank you so much for your replies. It really has helped us a great deal! As for the time period of receiving the COA, I see that it is a case by case basis. In most cases, people have received it within 1 - 2 weeks no problem. I hope we fall into that category!