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One more clarification please. If the spouse of the EEA national entered the UK as a visitor (they travel to the UK together), the spouse has a US passport, can the spouse legally take up employment in the UK wothout applying for the EEA2? The UKBA website seems to suggest that the EEA2 is merely for convenience. It reads like a kind of contradiction, so please help me to clarify.
One further question related to the same scenario. What if the EEA National does not enter the UK at the same time as the spouse (will join later)?
The UKBA site seems to suggest that in this case a visa is needed. pls see
"The EEA national does not need to be present when you make your application. However, the EEA national must be travelling to the UK with you, or must already be in the UK. If they are not, you must apply for a visa instead of an EEA family permit."
Can you say what type of visa that is? also can you say whether it is advisable or better
for them to just get the VAF5 and travel together , even tough it is more costly ?
This means that if the EEA national is not travelling then the US spouse must apply without the benefit of EEA rights. This means that they would have to apply for one of the points based works visas that any foreign national would have to apply for if they weren't married to an EEA national.
It is much more difficult ot secure a visa in this way because the eligilibility criteria is much much stricter. For example, this is the most common worker visa applied for:-
In the case of a family permit/residence card all you need to show is that you are married, so you can see it is hugely advantageous compared to a visa application in the normal way. Kind regards
Realted to the earlier questions , can you say whether the UKBA would be inclined to approve a VAF5 application if the EEA National did not travel or enter at the same time as the non EEA spouse? (the form has a facility to enter different dates)
The non EEA spouse has a job offer and would like to take it up, however the EEA National would like to join the spouse later bacause she has some thnigs to finsh up.
The timing is not convenient for them to go at the same time.
If you are asking whether there is a chance that the non-EEA spouse would be granted the family permit on the basis of EEA rights without the EEA national spouse travelling the, I have to say, absolutely not.
The rights of a non-EEA spouse to to be in the UK on the basis of the EEA national treaty rights derive only from the EEA spouse actually being there. If the EEA spouse is not either travelling with or already in the UK then the non-EEA spouse does not derive any rights.
If the non-EEA spouse is determined to take the job then they shoudl investigate whether the employer is willing to and can apply for Tier 2 Sponsored Skilled Work VIsa but the eligilbity crtieria is quite demanding (see above link). Sponsorship details/requirements here for the employer:-
They can switch to a residence card once the EEA national comes.
Please be patient with me, following up again, let says the following process is followed (as you suggested earlier)
1) Apply for the VAF5 and then they both travel to the UK
2) EEA2 is then applied for when in the UK by the nonEEA family (spouse)
Can the nonEEA spouse work immediately after arriving in the UK with the VAF5
or does he have to wait until the EEA2 is processed?
Can the EEA national return to the US within a few days after they entered the UK together ?
Does the EEA national need to be physically present with the nonEEA spouse in the UK to apply for the EEA2?
No problem, it's fine.
The US spouse can work immediately provided they can prove to the employer they have leave to remain. Some employers are more aware than others, but provided he can show his wife's passport and his passport with the family permit in it he will be able to convince a reasonably knowledged employer of their right to work.
Returning to the US after entering on the family permit is more tricky because were they to do this without first having applied for the residence card they may face problems entering the UK again. They would be questioned upon re-entry but should probably be fine getting back in on the family permit, though the safest option is (without any doubt) to apply for the residence card first
The EEA national spouse shoudl really be in the UK.
The nonEEA spouse would really like to do an IT software contract there for 6 to 12 months, while the EEA spouse essentially would like to travel back and forth to the US to take care of things they have there. The VAF5 / EEA2 process seems to be best way to get the nonEEA spouse the abilty to work in the UK (given that the visa/ sponsorship option is very difficult or maybe even impossible).
Based on our converations, I am think that this is reasonably ok , not necessarily 100% technically correct, while at the same time being essentially within the rules. Would that reasonably accurate?
Regarding Tier 2 visas, can an employer approved to issue Certificates of Sponsorship
assign it thru an intermedite company in the UK ...
e.g, Company A (approved to issue COS) has a supplier contract with Company B (not approved for Certificates of Sponsorship).
Comapny B would like to employ a person nonEEA via Tier 2
Can Company B use thier client's (Company A) COS for the potential employee?
Can you provide some assistance/answers on completing a VAF5 form?
If, here is the scenario, and I will send the questions in a follow up
The scenario is:
EEA National - French , married to spouse, currently living and working in USA
Spouse of EEA National - they are married, living together, spouse is a US citizen, currently unemployed, just finished a contract in December 2011 , can show a contract offer for the UK if is allowed to work there - a software developer highly specialised
VAF5 is being applied for the spouse - they will travel to the UK together
They plan to spend maybe a year or more there in the UK to live and work
It is easier for them in the UK because of the language / possiblity for employment
They will be close to the EEA Natoial parent - getting older and able to spend more time with them , is easier from the UK
Sorry, the final sentence was outlining the purpose for them wanting to be in the UK.
The EEA National will be closer to a parent(French) who is getting older etc.....
Here they are:
1) What is the main purpose of my visit to the UK? Move, work, live?
2) How long do you intend to stay in the UK? 6 months? 6 months or more? The potential contract that he could get would be intially for 6 months - would this affect anything ....they have substantial savings of their own
5.1) What are your current personal circumstances? Put a cross in the relevant box5.2 - 5.8
The NonEEA spouse is currently umemployed, he just finished a contract in December 2011. Woud this affect the application5.9 Have you ever worked for ay organization of a type (state or non-state) listed below? Spouse many years ago worked for the USAF Do they mean USAF? 8.9 Your Life in the UK I'm not sure how to answer this section.
Picking up on the same scenario we have discussed so far.
The nonEEA spouse is ready to apply for VAF5 in the USA
Would it be ok to send as a supporting document an offer of employment from a US Company? The nonEEA spouse is a US Citizen so it is easier to hire him on the US company. Also for social security agreements between the UK and USA it makes sense.
NOTE: The shareholders/owners of the US company also has a separate registered UK company which has an order from the services of the nonEEA spouse (subject to his ability to work in the UK)
NOTE: The UK client requirement was a UK Registered Company in order to do business as they would not sign the agreement between them and a US company
This is all in place, fully registerd with Companies house etc
continuing on the same topic:
The EEA national , will resign her current job in the US and will travel at the same time with the nonEEA spouse. They plan to take up residence there for at least 9 months
She will seek / started seeking a new job in the UK.
He has an offer to work in the UK from the date of thier arrival
Does this scenario qualify her to Exercise Her Treaty Right and thus allow him to get the VAF5?
What evidence / supporting documents are needed apart from the job offer to the nonEEA spouse?
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