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Topic: EEA Family Permit and proof of right to work  (Read 2287 times)

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EEA Family Permit and proof of right to work
« on: December 18, 2008, 12:14:15 PM »
Hi people

We are struggling against bureaucracy again...

My fiance was offered a job interview. He put on the box "Do you have the right to work?" that on the 16th of January he will marry a EU national and therefore he will have the right to work from then. Now the job interview is on the 14th of January (we are asking for it to be moved on the 13th, because on the 14th we fly to California!) and the email asks for proof of the right to work prior to interview. Of course this is not possible, as he will NOT yet have it... but well, we hope to be able to circumvent that, somehow (e.g., making them private on all the preparations for our wedding???)
We assume we should be able to prove his right to work on re-entering the country with his brand new EEA Family Permit.

However, a EEA Family Permit is not listed in the list of the he documents he is asked to produce...
They ask for:
(i)    A passport or travel document endorsed to show that you are allowed to stay in the United Kingdom and are allowed to do the type of work in question, provided that it does not require the issue of a work permit.

(ii)    A Biometric Immigration Document issued to you by the UK Border Agency which indicates that you can stay in the United Kingdom and are allowed to do the work in question.

(iii)    A work permit or other approval to take employment issued by the Home Office or the UK Border Agency when produced in combination with either a passport or another travel document endorsed to show you are allowed to stay in the United Kingdom and are allowed to do the work in question, or a letter issued by the Home Office or the UK Border Agency to you or the University of Oxford confirming the same.

(iv)    A certificate of application issued by the Home Office or the UK Border Agency to or for a family member of a national of a European Economic Area country or Switzerland stating that you are permitted to take employment which is less than 6 months old when produced in combination with evidence of verification by the UK Border Agency Employer Checking Service.

(v)    A residence card or document issued by the Home Office or the UK Border Agency to you as a family member of a national of a European Economic Area country or Switzerland.

(The lists continue, but the others don't apply to us.)

Of course the logical one would be (iv), but we won't have the time to apply for this and wait for the letter, this job is a temporary position from mid-February to May. In theory, I was hoping that because the contract will terminate before the 6 months of validity of his EEA Family Permit, that would be enough... But how do I go about proving that to Personnel??? Would an EEA FAmily Permit falls within point (i)?

Any help very welcome!

Thanks
Maria


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Re: EEA Family Permit and proof of right to work
« Reply #1 on: December 18, 2008, 12:16:32 PM »
If he is applying for the family permit from a consulate overseas, he will be given (v).

Vicky


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Re: EEA Family Permit and proof of right to work
« Reply #2 on: December 18, 2008, 02:43:38 PM »
Vicky, you mean that a EEA Family Permit falls under "A ... document issued by the Home Office or the UK Border Agency to you as a family member of a national of a EEA"?

Are the consulates "Home Office or UK Border Agency"? I was stuck by this, I thought Consulates were Foreign and Commonwealth Office?


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Re: EEA Family Permit and proof of right to work
« Reply #3 on: December 18, 2008, 02:44:28 PM »
The visa section within a consulate is part of the UK Border Agency.

Vicky


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Re: EEA Family Permit and proof of right to work
« Reply #4 on: December 18, 2008, 02:54:36 PM »
I love you, Vicky!!! You made my day!!!
 :D ;D :D


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Re: EEA Family Permit and proof of right to work
« Reply #5 on: December 18, 2008, 03:00:27 PM »
Wow!  Such a little thing, such a great reaction!  Glad to have helped.

Vicky


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Re: EEA Family Permit and proof of right to work
« Reply #6 on: December 18, 2008, 03:25:16 PM »
The visa section within a consulate is part of the UK Border Agency.

Now...  The VSDs used to fall under the FCO and BIA fell under the home office, now the whole lot falls under UKBA which falls under the Home Office.  Glad that makes someone happy!
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
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Office of Immigration Service Commissioner (Official Government Site)
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Re: EEA Family Permit and proof of right to work
« Reply #7 on: December 18, 2008, 04:55:37 PM »
Nitpick alert!   ;D

VSD = Visa Services Directorate.  And a Directorate has to sit unique within the UK Government, or it wouldn't be a Directorate, right?  So it couldn't be plural.   VSD belongs to the Borders International Group, which belongs to UKBA.  Until it can get up on its feet, UKBA is currently operating as a shadow agency within the Home Office.

VSD owns issuing posts, which most commonly are aligned within a Section within a British Consulate General. 

Done nitpick alert  ;D



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Re: EEA Family Permit and proof of right to work
« Reply #8 on: December 18, 2008, 07:32:41 PM »
Hi,

I have a strange question. I qualify for tier 1 under hsmp regulations. I also have a savings account with a balance of 1300 pounds in my savings account, my problem is that i have a negative balance of 700 pounds in my current account. would that be fine? or should clear my balance and wait for another 3 months?

my profile -

Age 22 ( 20 pts)

Uk exp 5 pts

uk digree BA ( qualify fr language and 30 pts)

earning 24000 pounds ( 20 pts)

I have my savings account balance as 1300 pounds minimum for 3 months, but my current account has gone overdrawn at times and at one time i had negative 700 in my current acount and 1300 in my savings..

if i do not put foward my current account statements and close my current account ? should that be fine?

Urgent help needed pls!


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Re: EEA Family Permit and proof of right to work
« Reply #9 on: December 25, 2008, 01:26:32 AM »
I have a strange question. I qualify for tier 1 under hsmp regulations. I also have a savings account with a balance of 1300 pounds in my savings account, my problem is that i have a negative balance of 700 pounds in my current account. would that be fine? or should clear my balance and wait for another 3 months?

Probably best to continue in your thread, as the questions are totally unrelated to "EEA Family Permit and proof of right to work".
« Last Edit: December 25, 2008, 01:31:53 AM by vinny »
We do not inherit the Earth from our ancestors; we borrow it from our children.


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Re: EEA Family Permit and proof of right to work
« Reply #10 on: December 28, 2008, 02:08:17 PM »
If he is applying for the family permit from a consulate overseas, he will be given (v).

Vicky

Vicky, are you saying that the consulate here in the US will go ahead and issue the actual EEA residence card (which will also serve for entry clearance) instead of the family permit alone? This would mean that I wouldn't then have to apply for the card from within the UK and risk being without my passport for up to 6 months...or is this just wishful thinking?


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Re: EEA Family Permit and proof of right to work
« Reply #11 on: December 28, 2008, 02:14:43 PM »
Vicky, are you saying that the consulate here in the US will go ahead and issue the actual EEA residence card (which will also serve for entry clearance) instead of the family permit alone? This would mean that I wouldn't then have to apply for the card from within the UK and risk being without my passport for up to 6 months...or is this just wishful thinking?

no, you get the Family Permit in your passport. You then have to apply for the residence card from the UK after you enter (or you can get a new permit every 6 months but the card is easier). Also you, as an EEA applicant, can ask for your passport back without invalidating your application for a residence card. You may need to provide proof of needing to travel though. Not sure. They ended up doing mine pretty quickly last November.


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