EEA Family Member Right to Work

Hi all,
I'm a US citizen and my wife is an EEA citizen. We're looking to move to the UK this summer, and I will be the one looking for work. Does anyone know if my wife would be considered as "exercising treaty rights" if she is homeschooling our daughter?

Thanks

From the UKBA website (http://www.ukba.homeoffice.gov.uk/eucitizens/documents-eea-nationals/):

You are said to be exercising Treaty rights if you are:

-    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
-    retired; or
-    someone who has had to cease working in the UK owing to permanent incapacity.

From the list, it looks like she would struggle to define homeschooling your daughter as exercising treaty rights... unless, I suppose, she can be classed as economically self-sufficient.

In more detail (red emphasis mine), from this page:http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/eun/eun1/#header3):

EUN1.3 What rights do EEA nationals have to live and work in the UK?

EEA nationals are free to enter the UK subject to a passport or identity card check. However, where an EEA national is the subject of an extant deportation order, the EEA national must still apply for revocation of the order if they wish to return to the UK. If the deportation order is revoked the EEA national may lawfully re-enter the UK.  (For details about how a deportation order is revoked, see ECB4.3.

A deportation order may be invalid if the subject has become the family member of an EEA national exercising Treaty rights in the UK. Where there is reason to believe that this is the case, the case should be referred to the relevant casework unit who will liaise with European Casework.

EEA nationals are entitled to reside in the UK for an initial period of three months without needing to exercise a Treaty right. An EEA national who will be in the UK for more than three months will have a right of residence for as long as they remain a qualified person.

A qualified person is an EEA national who is in the UK and exercising a Treaty right as any of the following:

    Job-seeker - The EEA national must be able to show evidence that they are seeking employment and have a genuine chance of being engaged, for example, evidence of job interviews, evidence of qualifications, registration with Job Centre / recruitment agencies.

In most circumstances we would expect an EEA national to be economically active within six months. It is highly likely that an individual claiming a right of residence as a job-seeker will also be exercising treaty rights as a self-sufficient person.

    Worker - The EEA national must be able to show evidence that they are in full-time or part-time employment, for example, copy of a contract, pay slips.

If an EEA national temporarily ceases employment, they can still be considered a qualified person under the following circumstances:

-    They are temporarily unable to work as the result of an illness or accident
-    They are involuntarily unemployed and have started vocational training; or
-    They have voluntarily stopped working and started on vocational training related to their previous employment.
-        were employed for one year or more before becoming unemployed;
-        have been unemployed for no more than six months; or
-        can provide evidence that they are seeking employment in the United Kingdom and have a genuine chance of being engaged.

    Self-employed person - The EEA national must be able to show evidence that they have established themselves in the UK as a self-employed person, for example, a copy of business accounts or an accountant's letter.

    Self-sufficient person - The EEA national must be able to show evidence that they have sufficient resources not to become a burden on the social assistance system and have comprehensive sickness insurance cover. There is no fixed amount that is regarded as 'sufficient resources'. The personal situation of each applicant must be taken into account.

A retired person would qualify as self-sufficient if they can demonstrate that they are in receipt of a pension and / or have sufficient funds not to become a burden on the social assistance system.

An EEA national can qualify as self-sufficient based on the income of their non-EEA family member.

    Student - The EEA national must be able to show evidence that they are enrolled at an establishment included on the DFES Register of Education and Training providers, for example, a letter from a college or university confirming that the EEA National is enrolled on a course and stating its duration.

This is great info, thanks!

So it sounds like that upon arrival she can qualify as self-sufficient if we're able to cover our expenses during the time that I'm looking for a job.

Also upon arrival I'd be able to apply for the EEA Family Permit so that I can accept employment.

Once I land a job, she can continue to be qualified as self-sufficient based on my income.

Does this sound about right?

Also upon arrival I'd be able to apply for the EEA Family Permit so that I can accept employment.

Actually, you're going to have to apply for the EEA Family Permit in the US before you travel (they are not issued in the UK).

In order to be able to work as soon as you arrive in the UK, you need to have an EEA Family Permit in your passport when you first arrive in the UK (for which you need to show that your wife will be exercising treaty rights in the UK).

The permit is valid for 6 months and allows you to enter the UK as the family member of an EEA national. Then once you are in the UK, you can apply for the 5-year EEA Residence Card which will enable you to stay in the UK beyond the 6 months.

If you don't apply for the EEA Family Permit before entering the UK, you will be stamped in as a visitor, which means it will be illegal for you to work. In theory you could enter as a visitor and then apply for the 5-year EEA Residence Card without getting the Family Permit first... however, the residence cards can take up to 6 months for processing, and you will not be able to work at all during that time.

See here for info about applying for the EEA Family Permit: http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/

And the online application form for applying for the permit in the US (you cannot apply using the paper form) is here: http://www.visa4uk.fco.gov.uk/

Again, thanks for the great info!

Can you possibly direct me to the spot on the Border Agency site that explicitly states that the EEA Family Permit grants its holder the right to work in the UK for 6 months?

Also, if I arrive in the UK prior to my wife, as a "general visitor" from the US, the rules state the following:
"You must also be able to show that, during your visit, you do not intend to:

• live in the UK for extended periods through frequent or successive visits;
• take paid or unpaid employment, produce goods or provide services, including the selling of goods or services directly to members of the public;"

If I do this, and then decide to apply for a residence card when my wife arrives, am I in violation of the "general visitor" rules under which I entered the UK?

Again, thanks for the great info!

Can you possibly direct me to the spot on the Border Agency site that explicitly states that the EEA Family Permit grants its holder the right to work in the UK for 6 months?

Here you go (http://www.ukba.homeoffice.gov.uk/eucitizens/rightsandresponsibilites/):

Family members who are not EEA or Swiss nationals

If your family members are not EEA or Swiss nationals, they may need to apply for an EEA family permit before they can come to the UK. This permit is similar to a visa.

For more information, see the EEA family permits page.

If you are a national of Bulgaria or Romania, you must obtain our permission in order to work here. You should read the pages for Bulgarian and Romanian nationals for details.

If you are a national of any other EEA country or Switzerland, you will not need to apply for our permission in order to work here.

You and your family members can:

-    accept offers of work
-    work as an employee and/or in self-employment
-    set up a business
-    manage a company
-    set up a local branch of a company

You can also do all these types of work if you are studying in the UK.

Your employer should not discriminate against you because of your nationality in terms of conditions of employment, pay or working conditions.

Also, the permit itself will state if you cannot work (see here for an explanation of what information is on the visa: http://www.ukba.homeoffice.gov.uk/visas-immigration/general-info/visa-holders/).

Here is a picture of an EEA Family Permit: http://addressanglia.com/wp-content/uploads/2012/10/Anglia_EEA_Family_permit_full.jpg

Notice how it does not mention anything on it about not working or not claiming public funds.

In comparison, a visitor visa says specifically that work is prohibited ('No work or recourse to public funds'): http://1.bp.blogspot.com/-vDTdimty6NE/T0xp8HiTc-I/AAAAAAAABIo/HRRsipOT8UI/s1600/UK+Visa594+copy.jpg

Also, if I arrive in the UK prior to my wife, as a "general visitor" from the US, the rules state the following:
"You must also be able to show that, during your visit, you do not intend to:

• live in the UK for extended periods through frequent or successive visits;
• take paid or unpaid employment, produce goods or provide services, including the selling of goods or services directly to members of the public;"

If I do this, and then decide to apply for a residence card when my wife arrives, am I in violation of the "general visitor" rules under which I entered the UK?

Okay, so there are two different immigration rules at play here: UK immigration rules and EEA immigration rules.

If you come to the UK under UK immigration rules without an EEA Family Permit, you will be stamped into the UK as a visitor, which means no work, no access to healthcare and no right to live here.

To be let into the UK as a visitor, you will have to be able show a return ticket to the US, that you have a life and a job and a home in the US to return to, that you have no intention of living or working in the UK and that you have enough ties to the US that you must return to live there before the 6 months are up.

Under UK immigration rules, all visitors must leave the UK within 6 months and are not allowed to switch to any other type of visa while in the UK as a visitor.

HOWEVER, non-EEA family members of EEA citizens have the right to reside in the UK with their EEA partner, regardless of what the UK immigration rules say. So, there is nothing illegal about applying for the EEA Residence card while you are in the UK as a visitor.

But, you will have to get over the hurdle of being allowed to enter the UK as a visitor in the first place, and show you will not live or work here... which may be difficult if your wife is moving here and you are leaving your life and job behind.

Therefore, if you apply for the EEA Family Permit before you leave (which is free of charge anyway), you will be let into the UK as a family member of an EEA citizen and you will be allowed to live and work in the UK immediately.... and you won't have to worry about visitor visa rules.

Wow ksand24, you are good!

Ok, one more question:
I noticed that the EEA Family Permit application asks for employer information. Are they looking for my current employer info here in the US? Or that I will have secured some kind of employment in the UK, and should be providing THAT info?

Ok, one more question:
I noticed that the EEA Family Permit application asks for employer information. Are they looking for my current employer info here in the US? Or that I will have secured some kind of employment in the UK, and should be providing THAT info?

No, they are not expecting you to have secured work in the UK, because you don't have permission to work there yet (most UK employers probably won't consider you for a job until you have your permit/visa and are physically in the UK anyway).

It asks for your 'current' personal circumstances and your 'present' work/job/occupation , so just put down your current US employment details as they stand at the time of application.

Hi again,
Now I have a question when completing the online application for the EEA Family Permit.
In the section that asks for my dependents' passport info, I'm stuck. One of my kids has no US Passport, but is an EEA citizen like her mother. If I enter the EU country ID, will it cause problems when my application is processed?

Thanks.