Confused. short stay in UK as EU spouse and switching status

[johnq]

I have looked over the forum and cant find a situation similar to my own. Basically I am a non-EU national (American) with permanent residency in Germany, the country of my EU-national spouse. Me and my wife both work as journalists and I was hoping to come to UK for several months to take on an internship/work experience position for no longer than 3 or 4 months. My wife would join me and continue to work as a freelance journalist for German companies.

I know I dont need an EEA family permit to enter the UK for less than 6 months but all of the positions i have applied or discovered make specific mention of proof of working rights. Obviously I cant drag my wife to every interview and a 6 month tourist visa is useless to employers... so my question is how do i obtain proof that i can work legally in the UK.. should i go for the EEA permit or is there another option..

Also my situation is further complicated by the fact that I recently within the last 12 months completed a university course in the UK and will be awarded a postgraduate degree in June.. my wife was only present for part of the time in the UK and i was communiting between Germany and Britain ...
MY DILEMMA is that because it is hard for me as a non-native speaker to find work in Germany I might consider entering the post-work study scheme.. my wife has all of her clients in Germany so she would be based for at least a year .... question is could i switch from whatever permit i could get now to the post-work study category or would i no longer qualify for that after have had a short EU family permit or whatever it might be...

sorry for the long post but the HO and Border Agency website were no help and the embassies here dont answer personal visa-related enquiries...

[John]

my situation is further complicated by the fact that I recently within the last 12 months completed a university course in the UK and will be awarded a postgraduate degree in June.. my wife was only present for part of the time in the UK and i was commuting between Germany and Britain ...

Can we just clarify this first please. So you were a student in the UK. During that time, what was your UK immigration status? Did you have a student visa, issued under UK immigration law? Or alternatively did you have a Residence Card, issued under the terms of the EU Directive?

I ask because if you did have a RC, surely that is still valid, given they are issued for 5 years.

[johnq]

my situation is further complicated by the fact that I recently within the last 12 months completed a university course in the UK and will be awarded a postgraduate degree in June.. my wife was only present for part of the time in the UK and i was commuting between Germany and Britain ...

Can we just clarify this first please. So you were a student in the UK. During that time, what was your UK immigration status? Did you have a student visa, issued under UK immigration law? Or alternatively did you have a Residence Card, issued under the terms of the EU Directive?

I ask because if you did have a RC, surely that is still valid, given they are issued for 5 years.

No we chose not to go down the RC route because my wife was in Germany most of the time. She was in the UK for 1 to 2 weeks every month but still living primarily in Germany. So I decided to get a student visa for the 9 months where i actually had to be present for courses in the UK after that I went back to Germany. I just finally reached a very unhelpful and uninformed worker at the UK border agency on the phone after days of trying and he seems to suggest I would need to leave the UK, go back to Germany and then reapply for the PSW from there,,, which seems strange considering I would have been able to stay in the UK under a student visa and apply from there .... and I am still not sure if the EU route would exclude me from the Tier 1 (PSW) route .. something this worker also couldnt answer... any advice would be great

[Ben]

I was hoping to come to UK for several months to take on an internship/work experience position for no longer than 3 or 4 months. My wife would join me and continue to work as a freelance journalist for German companies.

3 or 4 months. This is the key point here.

For 3 months or less, a German national has an unconditional right to reside in the UK. She can work if she wants to - or not. Her American husband has rights equal to the German national.

For 3 months or more, however, a German national only has the right to reside in the UK if she is exercising a Treaty right. That is, working, self-employed, studying or being financially self-sufficient. Providing the German national is exercising a Treaty right, her American husband has rights equal to the German national (the right to reside, work, study or be self-employed).

To evidence your right to work in the UK, during your period of residence not exceeding 3 months, a copy of the Directive and the UK's implementation of the Directive should be all that an employer requires.

Of course, should wish to apply for a Residence Card, you may do so immediately. The Directive says that a certificate of application for a Residence Card will be due immediately. This is also good evidence (for an employer) of your right to work.

[86ti]

For 3 months or more, however, a German national only has the right to reside in the UK if she is exercising a Treaty right. That is, working, self-employed, studying or being financially self-sufficient. Providing the German national is exercising a Treaty right, her American husband has rights equal to the German national (the right to reside, work, study or be self-employed).

But that's pretty easy to do if you boil it down to the bare essentials: be able to support oneselves and have comprehensive sickness insurance. Both intend to work so the first point should be no problem. Health insurance if necessary a private one should be not a problem either.

Personally I think that a couple exercises treaty rights together and one does not depend on the other in this respect. But some countries may indeed have an assymmetric view on that. The UK seems to one of them...