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Yes of course I meant EEA family permit for my non-EU husband.vinny wrote:I think that you mean an EEA family permit rather than EEA 1, for your non-EEA husband.
Of course I CAN, but if my husbands family permit will expire, he will not be illegal there by any chance?Jambo wrote:You can apply for a Residence Card (using EEA2) any time you qualify, even after the EEA Family Permit expires.
There are several ways to exercise treaty rights. Employment is just one of them. You can also be a job seeker or self-sufficient (living off savings or your partners salary).
No. Under the EEA regulations, if you exercise treaty rights, your husband has automatic right of residence. Residence documentation (EEA Family Perimt. Residence Card etc) are just confirmation of this automatic right and it is not mandatory to hold one.Asikk wrote: Of course I CAN, but if my husbands family permit will expire, he will not be illegal there by any chance?
You can be a job seeker or self-sufficient. There is no minimum threshold to meet. As long as you can live without needing benefits, that would be acceptable. It would depend on your particular case. The cost of a family of 6 children living in central London is not the same of a couple living in rural Wales.If I am a job seeker and I live from my husband's salary, will I not be required to provide evidence for self-sufficiency? Is there any salary/ savings requirement which allows them to assume that it is enough to live in the UK without being employed? I'm asking because on our arrival I don't want to take up ANY available job for the sake of being 'qualified', I want to search for long-term employment, most probably in my profession and this may take even more than the time of our Family Permit. If my husband stays with me in the UK when his FP expires, and we apply, will they not disqualify him on the spot, or what's worse, deport him?
Asikk wrote:Yes of course I meant EEA family permit for my non-EU husband.vinny wrote:I think that you mean an EEA family permit rather than EEA 1, for your non-EEA husband.Of course I CAN, but if my husbands family permit will expire, he will not be illegal there by any chance?Jambo wrote:You can apply for a Residence Card (using EEA2) any time you qualify, even after the EEA Family Permit expires.
There are several ways to exercise treaty rights. Employment is just one of them. You can also be a job seeker or self-sufficient (living off savings or your partners salary).
If I am a job seeker and I live from my husband's salary, will I not be required to provide evidence for self-sufficiency? Is there any salary/ savings requirement which allows them to assume that it is enough to live in the UK without being employed? I'm asking because on our arrival I don't want to take up ANY available job for the sake of being 'qualified', I want to search for long-term employment, most probably in my profession and this may take even more than the time of our Family Permit. If my husband stays with me in the UK when his FP expires, and we apply, will they not disqualify him on the spot, or what's worse, deport him?
First of all, thank you g for guys for a quick response. With this automatic right to reside I am a lill bit confused because why then the Family Permit is issued for only 6 months? Is it because during that period we have to travel together to UK? Where does it say that he can reside? (any online document you can direct me to? I'd be glad) What about his right to work? Because I understand that if we do not apply during those 6 months of FP and his FP expires the employer may automatically dismiss him, right? And, on the other hand if we apply within those 6 months his application will be 'under process' so he is entitled to work legally?askmeplz82 wrote:Asikk wrote:Yes of course I meant EEA family permit for my non-EU husband.vinny wrote:I think that you mean an EEA family permit rather than EEA 1, for your non-EEA husband.Of course I CAN, but if my husbands family permit will expire, he will not be illegal there by any chance?Jambo wrote:You can apply for a Residence Card (using EEA2) any time you qualify, even after the EEA Family Permit expires.
There are several ways to exercise treaty rights. Employment is just one of them. You can also be a job seeker or self-sufficient (living off savings or your partners salary).
If I am a job seeker and I live from my husband's salary, will I not be required to provide evidence for self-sufficiency? Is there any salary/ savings requirement which allows them to assume that it is enough to live in the UK without being employed? I'm asking because on our arrival I don't want to take up ANY available job for the sake of being 'qualified', I want to search for long-term employment, most probably in my profession and this may take even more than the time of our Family Permit. If my husband stays with me in the UK when his FP expires, and we apply, will they not disqualify him on the spot, or what's worse, deport him?
Yes UK HOME Office ( Border force ) doesn't bother if your husband ( NON EU ) working or not working but EU national ( You )
can exercising Treaty rights' in the UK....... in many ways
employed or self-employed; or
studying; or
economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
a jobseeker; or
If student or economically self sufficient both you and your husband must also have private health insurance. Please take the necessary step very carefully
They will not deport him don't worry because he is family member of EU national
Why employers should be nervous if my husband has the right to reside and work in the UK? I know that in some cases they ask the employee for some proof that he has the right to work, but if our FP expires and we still will not be applying for RC then how else can we proof his rights? Are there any legal documents stating clearly that non-EU spouse can legally reside and work when his EU spouse is living with him in the same country?askmeplz82 wrote:(...)I know neither FP nor RC is legally required, but you can understand their nervousness when they can be fined up to £10k for hiring an illegal.
Sure but how would you prove that - with your passports and marriage certificate? Employers are not experts in recognising documents. That's why they would like to see an official approval by an official UK institution.Asikk wrote:Why employers should be nervous if my husband has the right to reside and work in the UK? I know that in some cases they ask the employee for some proof that he has the right to work, but if our FP expires and we still will not be applying for RC then how else can we proof his rights? Are there any legal documents stating clearly that non-EU spouse can legally reside and work when his EU spouse is living with him in the same country?askmeplz82 wrote:(...)I know neither FP nor RC is legally required, but you can understand their nervousness when they can be fined up to £10k for hiring an illegal.
That is why I am asking you guys is there any other way we can prove that even when the FP expires he has a full right to reside and work in the UK.Jambo wrote: Sure but how would you prove that - with your passports and marriage certificate? Employers are not experts in recognising documents. That's why they would like to see an official approval by an official UK institution.
That is what we are going to to - apply for Residence Card by EEA2 application. But i was not sure what happens to us when our FP expires. Now, thank to you, I know that we don't have to apply within these 6 months of FP because I thought this is the time when my husband can be with me in the UK and after expiring the FP he has to go back.If you live in the UK as a family member of EU national, you can apply for a Residence Card. It will make your life simpler.
It is not difficult to be a qualified person. You can always start as a self sufficient (with health insurance) and once you find employment stop the health insurance. You are a qualified person the day you exercise treaty rights. There is no 6 months rule.
OK in this case if you can find a health insurance less then 6 months you will be very very luckyJambo wrote:The EEA Family Permit is an Entry Clearance. Its main purpose is to allow the holder to board a flight and enter the UK. It is valid for 6 months as you are expected to enter the UK within that period.
If you live in the UK as a family member of EU national, you can apply for a Residence Card. It will make your life simpler.
It is not difficult to be a qualified person. You can always start as a self sufficient (with health insurance) and once you find employment stop the health insurance. You are a qualified person the day you exercise treaty rights. There is no 6 months rule.
See here about your rights in the UK - Rights and responsibilities.
Well because they are scaredAsikk wrote:If husbands of EU nationals have a full right to reside and work in the UK, why then anyone bothers to make those RCs? I guess that either because employers need a proof of them being on legal terms or because of free movement within Europe...
Well because they are scaredAsikk wrote:If husbands of EU nationals have a full right to reside and work in the UK, why then anyone bothers to make those RCs? I guess that either because employers need a proof of them being on legal terms or because of free movement within Europe...
First 3 months since we come to UK or since the date we got the EEA FP?...first 3 months are without restrictions...
Yes I know they are different, but I have read on UKBA site that in many cases when being a jobseeker you will also have to prove ur self-suffieciency.vinny wrote:Self-sufficient (4(1)( c )) and jobseeker (6(4)) are slightly different. The former also requires 4(1)( c )(ii) comprehensive sickness insurance cover in the United Kingdom (15,16).
You can be either Job-Seeker or Self sufficient. If you are self-sufficient you need comprehensive insuranceAsikk wrote:Yes I know they are different, but I have read on UKBA site that in many cases when being a jobseeker you will also have to prove ur self-suffieciency.vinny wrote:Self-sufficient (4(1)( c )) and jobseeker (6(4)) are slightly different. The former also requires 4(1)( c )(ii) comprehensive sickness insurance cover in the United Kingdom (15,16).
by the way, if UKBA asks for any documents during the process, the documents have to show current situaton or the situation "at the moment of application"? Can UKBA be checking status of a bank account (for example to check if a EEA national still has enough funds etc.) o any other facts during application process? If so, how?
but if you are looking for work/job seeker just keep all the papers, emails ( job applications, rejection letters ) in case UKBA ask for it later.
If you are economically self-sufficient, you need to supply evidence of comprehensive sickness insurance for yourself and any family members included in your application. You also need to supply evidence of funds sufficient to maintain yourself and any family members included in your application during the time you intend to reside on this basis. These funds can come from the employment or self-employment of any of your family members legally working and residing in the UK with you. Documentary evidence of their employment or funds should be supplied.Asikk wrote:
but if you are looking for work/job seeker just keep all the papers, emails ( job applications, rejection letters ) in case UKBA ask for it later.
by the way, if UKBA asks for any documents during the process, the documents have to show current situaton or the situation "at the moment of application"? Can UKBA be checking status of a bank account (for example to check if a EEA national still has enough funds etc.) o any other facts during application process? If so, how?