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finding job in UK for non-EEA wife

Posted: Sun Jul 28, 2013 1:18 pm
by Pablito
Hi All

Just a quick reminder, both with my wife got to UK by coach, my wife didn't get code 1A stamp in her passport but was allowed to enter.

Finding job was really easy for her, on the application form they usually ask whether she needed work permit which we answered no. My wife's new passport is with my surname so there wasn't any problem in proving that she is wife of EEA and can work. We are both working full time now and will be applying for residence card soon. Lack of visa in her passport or code 1A stamp seems to be beneficial for her, also I noticed some people liked to browse her passport whether there are any stay limitations. Everybody seems to be satisfied that she is wife of EEA national.

Re: finding job in UK for non-EEA wife

Posted: Sun Jul 28, 2013 4:26 pm
by wiggsy
Pablito wrote:Hi All

Just a quick reminder, both with my wife got to UK by coach, my wife didn't get code 1A stamp in her passport but was allowed to enter.

Finding job was really easy for her, on the application form they usually ask whether she needed work permit which we answered no. My wife's new passport is with my surname so there wasn't any problem in proving that she is wife of EEA and can work. We are both working full time now and will be applying for residence card soon. Lack of visa in her passport or code 1A stamp seems to be beneficial for her, also I noticed some people liked to browse her passport whether there are any stay limitations. Everybody seems to be satisfied that she is wife of EEA national.
i'm shocked that people are willing to employ her without a valid visa. is it a big company, or local shop etc? (I know that she has the right to work etc, but the "risk" of the fine etc is enough to put many off.)

just bear in mind, without the code1a stamp, it might be hard to prove when she entered the uk, and therefore when the clock to PR began...

Re: finding job in UK for non-EEA wife

Posted: Sun Jul 28, 2013 7:52 pm
by Pablito
wiggsy wrote:

i'm shocked that people are willing to employ her without a valid visa. is it a big company, or local shop etc? (I know that she has the right to work etc, but the "risk" of the fine etc is enough to put many off.)

just bear in mind, without the code1a stamp, it might be hard to prove when she entered the uk, and therefore when the clock to PR began...
Personally I am not really shocked, try to imagine that during your wife's stay she might need to request for new passport from embassy, where would be then her visa? there wouldn't be any! plus visa is just really entry requirement to enter UK nothing more than that for EEA family members, unlike other 3rd country nationals.

Actually my wife already managed to get 2 jobs without any problems, both companies are quite big, have their own policies and so on...

Re: finding job in UK for non-EEA wife

Posted: Sun Jul 28, 2013 8:29 pm
by EUsmileWEallsmile
Pablito wrote:Hi All

Just a quick reminder, both with my wife got to UK by coach, my wife didn't get code 1A stamp in her passport but was allowed to enter.

Finding job was really easy for her, on the application form they usually ask whether she needed work permit which we answered no. My wife's new passport is with my surname so there wasn't any problem in proving that she is wife of EEA and can work. We are both working full time now and will be applying for residence card soon. Lack of visa in her passport or code 1A stamp seems to be beneficial for her, also I noticed some people liked to browse her passport whether there are any stay limitations. Everybody seems to be satisfied that she is wife of EEA national.
Interesting and in compliance with the directive. Should your wife not be entitled to work (and I'm not saying she is not), then the employer would not have an excuse to evade fine.

Re: finding job in UK for non-EEA wife

Posted: Mon Jul 29, 2013 1:05 pm
by wiggsy
EUsmileWEallsmile wrote:Interesting and in compliance with the directive. Should your wife not be entitled to work (and I'm not saying she is not), then the employer would not have an excuse to evade fine.
This is my point... :)

The employer checking service cannot say "yes s/he can work" if there is no active record / applicaton etc..

so it appears the companies are not worried (rightly so?) but, despite "knowing the law" myself, i would still expect that letter form the home office for my protection... (10 grand isnt a small amount is it).

Fair play to them though, for compling with the law :)

the point of when she entered the UK is still one to ponder about though... might be worth sorting the EEA2 asap.

Posted: Mon Jul 29, 2013 2:19 pm
by Pablito
She had an exit stamp at port in Calais, so I think this is obviously proof that she has entered UK at that time and date, otherwise where else she could be?

Yes we are going to apply for EEA2 very soon once I get my contract.

Posted: Mon Jul 29, 2013 7:36 pm
by wiggsy
Pablito wrote:She had an exit stamp at port in Calais, so I think this is obviously proof that she has entered UK at that time and date, otherwise where else she could be?

Yes we are going to apply for EEA2 very soon once I get my contract.
she could of got on a boat and sailed to germany? - just because she left france at one time, doesnt mean she came to the UK... I know that if she is now working for a british company, in england then you can always use that as her date etc, but...

think of the home office arguments... (right or wrong)

Posted: Fri Aug 02, 2013 12:09 pm
by Aine002
Pablito!
Congratulations for both of you, you did what i was trying to do and didn't go so well :)

You're wife is really lucky that she got a job. Few places told no to my husband because his visa is only for six months. Place where he is working now, is already asking him when he will apply for RC, and bring letter from HO. Place where i work, they don't even accept anyone without visa shorter than 12 months.
Any way good luck to you with everything, we applied for RC, now we are waiting for COA, and hopefully everything will go as planed :)

Posted: Fri Aug 02, 2013 1:10 pm
by wiggsy
Aine002 wrote: they don't even accept anyone without visa shorter than 12 months. Any way good luck to you with everything, we applied for RC, now we are waiting for COA, and hopefully everything will go as planed :)
might be worth making an official complaint to somewhere about this, as it is a breach of the Equality Act.

If a person has valid leave, even if it runs out next week, I don't believe that they can refuse on the basis of their leave... - to do so would obviously be based on a "policy of facial discrimination"...

Posted: Fri Aug 02, 2013 1:17 pm
by Aine002
They didn't hire my husband in KFC where he got offer to be team leader. Same thing in Hilton hotel. In both places they told him that when he will apply for his RC, he can comeback. We have jobs, so I don't want to complain about any company, just saying how it is :) any way, thx for advice.

Re: finding job in UK for non-EEA wife

Posted: Fri Aug 02, 2013 7:27 pm
by facts
Pablito wrote:My wife's new passport is with my surname so there wasn't any problem in proving that she is wife of EEA and can work.
2 passports having same surname doesn't prove that holders are married. Imagine how many other non-EEA women living in UK may have same surname as yours in their passports?

Posted: Fri Aug 02, 2013 8:20 pm
by askmeplz82
wiggsy wrote:
Aine002 wrote: they don't even accept anyone without visa shorter than 12 months. Any way good luck to you with everything, we applied for RC, now we are waiting for COA, and hopefully everything will go as planed :)
might be worth making an official complaint to somewhere about this, as it is a breach of the Equality Act.

If a person has valid leave, even if it runs out next week, I don't believe that they can refuse on the basis of their leave... - to do so would obviously be based on a "policy of facial discrimination"...

C'mon come to the real world. I remember during interview long time ago in Barclays they asked me if i have 1 year 6 months still valid visa in the UK if not they will not hire you.

Check Metropolitan police website and other government website minimum 18 months visa required

Posted: Fri Aug 02, 2013 9:50 pm
by EUsmileWEallsmile
For those eligible to work by treaty, it is doubtful that a government agency could legitimately refuse employment to one who benefits from 2004/38/ec should they be able to demonstrate that they benefit from its terms by other means.

Posted: Fri Aug 02, 2013 11:25 pm
by Pablito
Aine002 wrote:They didn't hire my husband in KFC where he got offer to be team leader. Same thing in Hilton hotel. In both places they told him that when he will apply for his RC, he can comeback. We have jobs, so I don't want to complain about any company, just saying how it is :) any way, thx for advice.
Ainee002 Thank You very much, hope all goes well for both of you.

Re: finding job in UK for non-EEA wife

Posted: Fri Aug 02, 2013 11:31 pm
by Pablito
facts wrote:
Pablito wrote:My wife's new passport is with my surname so there wasn't any problem in proving that she is wife of EEA and can work.
2 passports having same surname doesn't prove that holders are married. Imagine how many other non-EEA women living in UK may have same surname as yours in their passports?

I can't imagine any with Polish surname.

Posted: Sat Aug 03, 2013 12:26 am
by wiggsy
askmeplz82 wrote:C'mon come to the real world. I remember during interview long time ago in Barclays they asked me if i have 1 year 6 months still valid visa in the UK if not they will not hire you.

Check Metropolitan police website and other government website minimum 18 months visa required
http://www.metpolicecareers.co.uk/faq.html

whilst you are partly correct...
1. Candidates for these roles, who are neither a member of the European Economic Area (EEA) or a Swiss national, are required to have leave to enter or leave to remain in the UK for an indefinite
For the purposes of the directive, a family member is treated equally to the EEA national :)