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Hi, I am in a loop here. Came into the UK with my husband and children all three of them are EEA nationals, from Italy...where we have been residents for 11 years. Husband is Italian, children are also Italian citizens but I am still American. UK doesn't recognise my Italian ID or residency card. UKBA stamped my passport in the airport with a visitor visa valid for 6 months and states I have no authorisation to work or receive public funds. I have since been offered employment and have been asked to sign my contract next week. I have to bring a passport, bank account details and my NIN (insurance number) which I should have on Friday. I was told by Citizens Bureau (an agency who offers free advice) to apply for the EEA2..which entails sending my passport along with the application and fee. Problem is...can I accept this job in any way, shape or form? I thought I had the same rights entering the UK as my EEA husband, no need of a visa...and surprised to be stamped as though I never entered with my EEA family. Now I am kicking myself for not obtaining this prior to the move. Any advice would be immensely appreciated! We have an apartment, kids are in school, our GP has been selected, my bank account will be opened tomorrow...but the information online is hard to follow as its repetitive.
 

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With a tourist stamp in your passport you are not eligible to undertake any work in the UK, nor have access to public funds, nor the NHS.

Under what category did hubby enter the UK? Job seeker, already has a job, self sufficient etc?

Did you ask of the Immigration person why you received a visitor's stamp?
 

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Discussion Starter · #3 ·
With a tourist stamp in your passport you are not eligible to undertake any work in the UK, nor have access to public funds, nor the NHS.

Under what category did hubby enter the UK? Job seeker, already has a job, self sufficient etc?

Did you ask of the Immigration person why you received a visitor's stamp?
Hi Crawford, Thanks for your reply. My husband entered as a jobseeker. We went through customs together, he and the kids provided their Italian ID's..and me with my American passport...I filled out the card...we were very tired..it was very late and kids were annoyed...thus I wasn't in the condition of asking all the right questions. I hadthought under EU law I did not require a visa if traveling wih an EEA spouse and only realizedI had been stamped as a tourist the next day..completely my fault for not checking it on the spot! But if I understand well..I was treated under UK immigration law instead...? I am planning to apply for a resident card as I was advised but not sure if there is anything else I can do...waiting up to 6 months means I have to reject the job offer I have...
 

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Hi Crawford, Thanks for your reply. My husband entered as a jobseeker. We went through customs together, he and the kids provided their Italian ID's..and me with my American passport...I filled out the card...we were very tired..it was very late and kids were annoyed...thus I wasn't in the condition of asking all the right questions. I hadthought under EU law I did not require a visa if traveling wih an EEA spouse and only realizedI had been stamped as a tourist the next day..completely my fault for not checking it on the spot! But if I understand well..I was treated under UK immigration law instead...? I am planning to apply for a resident card as I was advised but not sure if there is anything else I can do...waiting up to 6 months means I have to reject the job offer I have...
You do not need a VISA if entering the UK as spouse of EU national - however you do need an EEA permit.

As a non EU national yourself you need something to prove you have a legal right to stay in the UK. You don't have that proof and hence you getting the visitor's stamp.

You need to obtain a Residence card which can take up to 6 months. You can't work on a visitor's stamp.

Sorry, but don't know what to suggest.



Don't know what else to suggest.
 

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You do not need a VISA if entering the UK as spouse of EU national - however you do need an EEA permit.
EU rules are totally different and distinct from UK immigration law (though most EU provisions are now incorporated within it). A lot of confusion arises because people confuse the two. You apply either verbally at the border or through EEA family permit that you are entering under the EU's Freedom of Movement and derived right as family member of an EEA citizen. Having an EEA family permit isn't mandated by EU law, but will make the process of entry a lot simpler and clearer.

As a non EU national yourself you need something to prove you have a legal right to stay in the UK. You don't have that proof and hence you getting the visitor's stamp.
You don't need any document to prove your right under EU law, as it's automatically given. The trouble with OP was that she did not ask for entry under EU rules (because of tiredness, fractious children etc), so was given leave to enter as visitor under UK immigration rules. If she had, after further hassle and delay, would probably have received Code 1A stamp under EU rules.

You need to obtain a Residence card which can take up to 6 months. You can't work on a visitor's stamp.
You can try applying for residence card under EU rules despite your visitor leave in your passport, and if you are lucky, you may get a certificate of application in the form of a letter stating you are allowed to work before your residence card is issued, which can take months. It can be argued that her EU right tramps the visitor leave so she can legally work, but it's difficult to enforce it in the absence of documentary evidence.

Sorry, but don't know what to suggest.
Don't know what else to suggest.
I agree EU rules work in a completely different way from UK immigration rules and can be quite confusing.
 

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Hi,
Hi, I am in a loop here. Came into the UK with my husband and children all three of them are EEA nationals, from Italy...where we have been residents for 11 years. Husband is Italian, children are also Italian citizens but I am still American. UK doesn't recognise my Italian ID or residency card. UKBA stamped my passport in the airport with a visitor visa valid for 6 months and states I have no authorisation to work or receive public funds. I have since been offered employment and have been asked to sign my contract next week. I have to bring a passport, bank account details and my NIN (insurance number) which I should have on Friday. I was told by Citizens Bureau (an agency who offers free advice) to apply for the EEA2..which entails sending my passport along with the application and fee. Problem is...can I accept this job in any way, shape or form? I thought I had the same rights entering the UK as my EEA husband, no need of a visa...and surprised to be stamped as though I never entered with my EEA family. Now I am kicking myself for not obtaining this prior to the move. Any advice would be immensely appreciated! We have an apartment, kids are in school, our GP has been selected, my bank account will be opened tomorrow...but the information online is hard to follow as its repetitive.
If you have the means, just take a day trip with your husband to Paris and upon return to UK, ask the immigration officer for a Code 1A stamp. Make make sure to have a certificate of marriage readily available.

Thereafter apply for RC by using form EEA2.

Animo
(Cheers)
 
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