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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello Im italian married a brasilian, for 6 years, with 3kids,

Resolved Question:

Hello
I'm italian married a brasilian, for 6 years, with 3kids, but we living in usa and we want to move to england. He doens have a Eu passaport, just a brasilian passaport my question is can he work and living in uk?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.


If you are an EEA member (Which you are if you have a Italia passport) state national then he will have to obtain an EEA family permit first

He will have to apply for and obtain an EEA family permit(and so will the children if they do not have Italian passports) in order to secure his leave to remain in the UK to work. She will need to apply for it before he can travel and must submit the appropriate documentation to the UK embassy closest to him:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/

Once he has come to the UK on her family permit he will be eligible to apply to the UKBA for a residence card which confirms his right of residence in the UK on the basis of your marriage:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

It will either take the form of an endorsement in his passport or as a separate immigration status documents confirming his right to reside here for 5 years.

At the end of this time he will be able to apply for a Permanent Residence here if he wishes and has not spent significant time outside the UK.

I would ignore the neighbour. If his behaviour constitutes harassment then you could (I suppose) apply for a non-molestation order at county court to cease his behaviour but this would cost you money and, frankly, I would discourage this because people should be able to work these things out without burdening the Courts but the option is ultimately always there for you.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance (perhaps on making an application for a Spouse Visa which she will need to make before you return to settle here permanently) then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.
Yes you give me good answer, but she can work too? AND i have to have a job there to pply for her?
Expert:  Thomas replied 2 years ago.
Hi,

Yes, once she has here family permit she will be able to work, but employers will probably require her to apply for and show the residence card before they employ here.

Please remember to rate my answer.

Tom
Customer: replied 2 years ago.
Ok. Thank you
But, I was in the Uk gov web page and they are telling about the changes made in july 2012. This changes is about what?
Expert:  Thomas replied 2 years ago.
Hi,

They relate mostly to changes to spouses of UK nationals coming to the UK, not to EEA family members whose rights are actually more preferential because the UK is bound to the EEA treaty.

Please rate my answer.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6591
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 2 years ago.
One more think, I know I can not ask for help from the governameng, but it includs child tax credit, child care(day care) and scholarship?
Expert:  Thomas replied 2 years ago.
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