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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2042
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello. Im an AustralXXXXX XXXXXving in the USA with my Italian

Resolved Question:

Hello. I’m an AustralXXXXX XXXXXving in the USA with my Italian wife on US work permits. We own property in the UK as we met and lived in England for sometime whilst I was on a UK work permit.

I plan to leave my job in the US and return to the UK.

Can we enter Italy and I can obtain an EU stamp so I can work in the UK as a non-EU? We’ve been married since December 2011.

Or is it easy to go straight to the UK and apply for a work permit from that position?
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 11 months ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

In this situation if you obtained a permit of another EU country you would not be able to undertake employment in the uk. You permit will not allow you to do so.

The only way that you will be able to undertake work in the uk is if you apply from an eea family permit allowing you to work in the uk. But in order for your to obtain an eea family permit and thereafter an eea resident permit, your partner would need to have been exercising treaty rights in the uk. What they mean by treaty rights is that she is working or studying or is self sufficient in the uk.

Once she has evidence of exercising treaty rights in the uk you can then apply for a residence permit. Please see following link :

http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/applying/

Once you have been in the uk and your partner is exercising treaty right you can then apply for am eea resident permit :

http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

This will allow you to undertake employment in the UK. Kindly note during the period you are in the uk your partner must be exercising treaty rights.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards

Customer: replied 11 months ago.

Thank-you. One more question.


 


if I obtained an Italian passport - would that allow me to work in the UK?

Expert:  UK_Lawyer replied 11 months ago.
Thank you for your reply.

Yes of course, you are able to work in the uk without any restrictions with an Italian passport.

I hope this answers your question if so kindly rate my answer positively.

Kind regards
Customer: replied 11 months ago.

Many thanks. One last question. You may not know the detail. How long does an non-italian need to be married for before being allowed to obtain a passport - out of country?

Expert:  UK_Lawyer replied 11 months ago.
Thank you for your reply.

Unfortunately I would be unable to assist you with that question as I am only qualified to ask questions on uk immigration law.

I apologise for any inconvenience caused.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2042
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.

No problems. Thanks.

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