How to get a visa in UK? - We are expecting a baby and are desperate!

That's right. He tried to apply to many places but first thing the employers are asking for is NIN.

Yes, that's probably to help them confirm his right to work. And since he can't prove that (because all he has is presumably a visitor visa stamp which states that work is not allowed), he can't work here or apply for a NIN at the moment.

He will need to either show his EEA Family Permit sticker or his EEA Residence Card BRP (depending on which he gets) in order to apply for a NIN and to apply for jobs.

Because he entered as a visitor, I believe he's technically bound by visitor visa rules (as per the stamp in his passport), which means he can't work, even though technically he should be allowed to as your spouse.

Yes, the only thing you have to meet is that you are exercising your EEA Treaty Rights in one of the following ways:

- You are working
And earning the MER (minimim earning reguirement) each week.
or
- You are looking for work
maximum of 6 months and will need to show evidience of your jobsearching to prove you were exercising treaty rights
or
- You are self-employed
Earning the MER each week and are registered with HMRC
or
- You are self sufficient
Show you have the savings to be self sufficient and must have a CSI (Comprehensive Sickness Insurance) for yourself and all your family members.
or
- You are studying
must have a CSI for yourself and all your family members.

All those prove you are exercising treaty rights in the UK. You can mix these up but you must be doing one of them while in the UK to have a right to reside under treaty rights.

Or if you think you have PR, you can apply to UKVI for the DCPR that started last November. With PR you don't need to be exercising treaty rights to reside in the UK.

Wow! We have received a letter from Home Office yesterday and his application was refused. The reason is - he didn't provide my original Passport.
First of all on the application form it says: please provide your sponsors ID and copy of another ID. It DOES NOT say the original passport is required. We have sent them my original English Driving Licence and a copy of my passport. I kept my original passport because I needed it to travel to Poland and IT DID NOT SAY it is neccesarry. Honestly, this is a joke. Why they couldnt just write a letter to us - saying the document is missing?! His application was refused 3 times for STUPID reasons. Reason 1 - the home office sent the letter to our neighbour instead of us and we were late with the reply. Reason 2 - wrong bank account details (not specified why and we have checked it 10 times before sending out) and reason 3 - lack of my passport.
The Home Office kept his application for 5 months and  28 days just to reply and say there's document missing. How in this world it took them so long? All togheter he waisted almost a year of his life, sitting in UK and just waiting for work permit.
He can now of course make an appeal but he would have to wait another 6months for their decision. What makes them think that an adult man can sit at home without work for months and be just fine??
I am sorry for my frustration but this is just to let other Americans know how it really is.I am 4 months pregnant and we NOW have to move out to USA. They even kept his passport and he will receive it at the airport.
We are so disappointed, sad and unhappy with the Home Office procedures....

Sorry to hear about your refusal .

Wow! We have received a letter from Home Office yesterday and his application was refused. The reason is - he didn't provide my original Passport.
First of all on the application form it says: please provide your sponsors ID and copy of another ID. It DOES NOT say the original passport is required. We have sent them my original English Driving Licence and a copy of my passport. I kept my original passport because I needed it to travel to Poland and IT DID NOT SAY it is neccesarry.

To be fair, it does say in the application form and the guidance notes that you have to provide a valid passport or a valid EEA National Identity Card. It does not say that either a photocopy of the passport or a driving licence are acceptable.

Proof of identity and nationality
- Your valid passport, travel document or (if you’re an EEA national) national identity card
- Valid passport, travel document or EEA national identity card for each family member included in your application (if applicable)
- Valid passport or national identity card for your sponsor (named in section 2).

If you’re not able to submit a valid passport, travel document or national identity card for you, your sponsor or any family members included in your application, you must explain why (see questions 1.21 and 2.14) and submit alternative evidence of your/their identity and nationality.

Please note: we can only accept alternative evidence of your identity and nationality if you’re unable to submit a valid passport, travel document or EEA national identity card due to circumstances beyond your control.

I am sorry for my frustration but this is just to let other Americans know how it really is.I am 4 months pregnant and we NOW have to move out to USA. They even kept his passport and he will receive it at the airport.
We are so disappointed, sad and unhappy with the Home Office procedures....

Why doesn't he just fly to the US on his own, apply for an EEA Family Permit (should only take 15-30 working days at most) and fly back to the UK to live with you again?

You CAN provide a copy of your passport for the EEA Family Permit application, though ideally it's best to get the copy certified.

He would be able to work immediately with the EEA Family Permit, and although you would still have to wait another 6 months for the EEA Residence Card, he would be able to work during that time anyway.

No need for all of you to move to the US, as it should be fairly straightforward for him to apply for and receive an EEA Family Permit to come back to the UK again (he would need to explain the refusals in the application though and provide the refusal paperwork, and it might take a bit longer to process than normal while they look into them).

Can he also gp to Poland now and apply for Family Permit from there or does he have to go to US only?

He can apply from Poland if he proves he has a valid visa to live there (not a visitor/tourist visa).

EU Commission - Making a Complaint

http://ec.europa.eu/atwork/applying-eu-law/make_a_complaint_en.htm

He can apply from Poland if he proves he has a valid visa to live there (not a visitor/tourist visa).

This is not the case for EEA Family Permit applications. They can be applied for from any country, regardless of whether you have a visa to live there or not, so he should be able to apply from Poland if he wants (but it may take longer than applying from the US - just depends on the processing times).

The only thing it says on the UKVI website about where to make an EEA Family Permit application is:

4. Apply

You must apply online for an EEA family permit.

You must be outside the UK to apply.

(https://www.gov.uk/family-permit/apply)

And in the entry clearance guidance for EEA Family Permits it says:

EUN2.2 Where can an EEA family permit be issued?

EEA family permits may be obtained from any visa issuing post. It is not necessary for an applicant to be lawfully or normally resident in the country to apply.

(https://www.gov.uk/government/publications/eea-family-permits-eun02/eea-family-permit-eun02#eun22-where-can-an-eea-family-permit-be-issued)

Oh cool!  Learn something new everyday.   

Thank you for all of your replies. Its all very helpful.

We are now trying to figure out what our next step is. We seriously consider going back to US.

Do you know what rights do I have in California when it comes to giving birth? We got married in California less than year ago. He has full rights to live there. Do I have to apply for green card to go back or just a visa and then green card in US? Will we have to pay at the hospital when I give a birth to our baby? I am 4 months pregnant now and will probably move in 5-6month.

You can apply for a CR-1 visa outside of the US, provided he meets the income requirement (125% of the current poverty level). That visa, once you use it, will give you a green card.

You can't enter the US with the intention of switching to another visa -- a tourist visa/visa waiver isn't for permanent settlement.

Yes, you will have to pay at the hospital in the US. If your husband can put you on insurance -- pregnancy is not a pre-existing condition -- your insurance should cover much of the cost. If he can't, you'll be liable for the full cost.

I am afraid that my husband doesn't meet the income requirement - he was not working for last 6months as he is in UK with me and the Home Office didn't give him a work permit. He will go to US first and get a job and then I will join him. So what document do I need to get there?

Hey NatCol.

Just wanted you to know, since no one else had mentioned it yet, that the visa process for moving to the US from the UK is a lengthy one. It's about 9-12 months in total from when you start.

This link gives you an idea of what the process is.
https://uk.usembassy.gov/visas/family-immigration/

There is also more info available around UKY as well.

There are some people on here who have gone both ways and I'm sure someone else could share their experience with you. It's not a quick thing.

Cheers

Thank you Iyonaria.
There is just one thing I don't understand. When I got married in California last year I could just apply for a green card and stayed there. But because I left the country for few months I can't just go back there and get a green card now?

Short answer. No, you legally can't just go back to the US and apply for a Green card.

The thing is you aren't supposed to get married in the US on a visitor visa with the intent to stay. It's actually against visa rules and your application for the green card could have been denied if the US department felt you were breaking the rules. There are a number of people who it works out fine for, but others are sent back to their home countries and there's the possibility of being banned from re-entry into the US.

You are supposed to apply for a settlement visa from outside the US just as the majority of us here on UKY, as US citizens, had to apply outside the UK for our 1st settlement visas. Because you are an EU citizen here in the UK you had different requirements than most of us for living in the UK. Out of curiosity, could you all just move back to Poland and he doesn't need a visa to move beforehand?

Edit: If you attempted to just move to the US without the proper visa and when you are asked at your point of entry what the purpose of your visit was and you replied 'to move to the US and join your spouse' you would be put on the first plane back to your country of origin.