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Amer. living in Pol with Polish wife wants to live in UK

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joebeckerinpoland
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Location: Poland

Amer. living in Pol with Polish wife wants to live in UK

Post by joebeckerinpoland » Thu Feb 09, 2006 9:10 pm

I am American, my wife is Polish. We live in Poland. We both want to go to the UK to settle. We want this to be a permanent situation and not a "seasonal" or termed. Does the EEA policy apply to us also? I realize there are European ties with Ukraine and the EU... but can I (American) apply for the same EEA rules? Where do we go to receive the EEA visa? Can to add light to this situation? Can you give me a link to research this further?
thanks a ton...
JB

JAJ
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Re: Amer. living in Pol with Polish wife wants to live in UK

Post by JAJ » Fri Feb 10, 2006 1:29 am

joebeckerinpoland wrote:I am American, my wife is Polish. We live in Poland. We both want to go to the UK to settle. We want this to be a permanent situation and not a "seasonal" or termed. Does the EEA policy apply to us also? I realize there are European ties with Ukraine and the EU... but can I (American) apply for the same EEA rules? Where do we go to receive the EEA visa? Can to add light to this situation? Can you give me a link to research this further?
thanks a ton...
JB

http://www.ukvisas.gov.uk is your reference.

Note that:

1. An EEA family permit is not UK permanent residence status (Indefinite Leave to Remain - ILR), you need to apply for and obtain ILR after four years to secure your status in the UK (your Polish wife should do this too). After one further year you can apply for British citizenship if you wish.

2. As a Polish citizen your wife might have to find a job in the UK first and register under the Workers Registration Scheme (WRS) before you can get the EEA family permit. Others may know more, otherwise you may need a good UK immigration lawyer.



PS It's not really necessary to post the same question on two different threads ....

tuning-fork
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Post by tuning-fork » Fri Feb 10, 2006 3:06 pm

I'm almost facing the same situation and would like to know for how long is the EEA family permit valid if at all issued by British authorities? I live in Czech Republic where I'm married to a Czech citizen. I have 10 years of CZE Permanent Residence and would like to know if I can live and work in the UK. Do I need a work permit to settle in the UK?

John
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Post by John » Fri Feb 10, 2006 3:19 pm

would like to know if I can live and work in the UK. Do I need a work permit to settle in the UK?
Two questions there ..... "if I can live and work in the UK" .... you have used the "I" word .. singular ... and the strict answer to your exact question is no. However if the intention is for your Czech citizen spouse to move to the UK and exercise their treaty rights, or get registered under the WRS .... then you could indeed apply for a UK-issued EEA Family Permit and also move to the UK.

The length of that EEA Family Permit would be six months. Near the end of that you would apply, in the UK, for an extension.

Second part ... "Do I need a work permit to settle in the UK?" ... as long as you have an EEA Family Permit, or the extension to that, no you do not need a Work Permit to work in the UK. That is, your Czech citizen spouse would need to register under the WRS in order to work ... but you, a non-EEA Citizen ... would not need to do that.
John

tuning-fork
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Post by tuning-fork » Fri Feb 10, 2006 9:54 pm

Hello John, thanks for your prompt and explicit reply. We actually look forward to traveling to the UK and live there permanently. My Czech spouse and I have a small business in Czech Republic and she doesn’t want to work in the UK because she doesn’t have enough time and we already have a stable source of income under her supervision. On my own side, I will like to continue my career in Human Resources Management while with her in the UK. In that case how would it be possible for me to have an EEA permit from the Embassy knowing that she’s not going to work in the UK? Is it possible for both of us to go to the embassy and apply for this EEA permit before moving to the UK? We really want to avoid a lot of paperwork with regard work permit while already in the UK. More advice would be highly appreciated.

John
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Post by John » Fri Feb 10, 2006 10:38 pm

Hi, I think it would be useful for you to download this document. Having done so look at no. 3 in particular. You will see it lists ways the citizens of A8 countries can exercise their treaty rights without actually working as an employed person.

It is not immediately clear which heading your wife would try to get into. What do you think?

What is clear is that she has either got to be exercising her treaty rights under one of those headings .... or alternatively if she is employed .... she would need to register under the WRS.
John

JAJ
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Post by JAJ » Sat Feb 11, 2006 1:14 am

tuning-fork wrote:Hello John, thanks for your prompt and explicit reply. We actually look forward to traveling to the UK and live there permanently. My Czech spouse and I have a small business in Czech Republic and she doesn’t want to work in the UK because she doesn’t have enough time and we already have a stable source of income under her supervision. On my own side, I will like to continue my career in Human Resources Management while with her in the UK. In that case how would it be possible for me to have an EEA permit from the Embassy knowing that she’s not going to work in the UK? Is it possible for both of us to go to the embassy and apply for this EEA permit before moving to the UK? We really want to avoid a lot of paperwork with regard work permit while already in the UK. More advice would be highly appreciated.

Are you eligible for Czech Republic citizenship?

The problem is that in order to become a Czech citizen you need to lose your existing citizenship, it seems the Czechs are pretty strict about this:
http://www.psp.cz/cgi-bin/fre/docs/laws/1993/40.html

What's your existing nationality?

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