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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13325
Experience:  Solicitor
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Hello, I would like to come and live in the UK for a few years

Customer Question

Hello, I would like to come and live in the UK for a few years with my daughter. I live in the US since 1989 and I am an American (US) citizen, born in Romania. I have a 15 years old daughter who was born in the US and has both US citizenship and Romanian citizenship.
I read online that if we move as US citizens in the UK, we might need to pay for my daughter's school even if she enrolles in a STATE 6th form college. Also, my right to work there might be difficult to obtain. On the other hand, if we move there as Romanian citizens - the process to obtain legal residency is also difficult but my daughter's STATE school might be free of charge. So, how do you advise we approach this move? Once we come as US citizens it is hard to change the status, but as Romanian citizens we might be treated differently (worse). If I manage to keep working for the same US company while I am in the UK do I need a work permit? I would work remotely from home.
Thank you for your advise.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 5 years ago.
If you are both Romanian citizens then you have a right to come and live in the UK under EU rules. Currently you would however need to obtain permission to work here and apply for what is known as an accession worker card but this requirement will stop shortly. Your daughter can get free state education regardless of her immigration status once she is here whether she comes as an US or Romanian citizen. However from 1st january 2012 you will no longer even need an accession worker card and will be entitled to come her and work freely. It is a good idea to apply for a residence permit has evidence of your rights but it is legally not required.

You would problem find it more difficult as a US citizen as you have no right to come to live in the UK and would need to apply in advance for a work permit and to obtain one would need a job with a suitable sponsoring company unless you have substantial means.
Customer: replied 5 years ago.

Ok. Thank you for your prompt response.

Just a couple follow-ups:

(1) I looked at Long Road 6th form college web site. - and in the prospectus it says that if we cannot prove that we have been residents of the European Economic Area in the past 3 years the tuition fee is 4,500 BP (that is around $7,000) - which is a lot of money. So, I am not sure the school will be free for her - do you have some other information regarding this, that I can use in case the school is trying to charge us?

(2) It was a little unclear for me from your answer reagrding this "accession worker card" - was that a requirement for Romanian citizens? We plan to move only in about 1.5 years so this card will be obsolete by then, right?

But I read online that there are special work permit requirements that apply only to Romanian and Bulgarian citizens. Was this accession worker card the same as these "special" extra work permit requirements? Are you saying that in the future there will not be extra requirements for Romanian and Bulgarian citizens?

(3) Should we apply for the residency permit before we move? or after we are already living there? Would this permit help us with school enrollment?

Thank you again.

btw. If I want to ask for you in the future to answer more questions - can I ask for you specifically?



Expert:  Senior Partner replied 5 years ago.
1. So far as I am aware duration is free if you are resident in the UK , the fees are for people who are not resident so if you come to the UK to study but your family is not resident - EU citizens are generally exempt but others are not.

2. You will not need an accession worker card by the time you come , it is the special work permit required by Romanians and bulgarians but all no longer apply form next year.

3. No you do not need to apply for anything in advance you can simply apply for a permit when you are settled here.

You can post questions for me on this string or by requesting me.
Senior Partner and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you.
Expert:  Senior Partner replied 5 years ago.
Good Luck Let me know if need anything else