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Discussion Starter · #1 ·
Good Morning

I would really appreciate if someone could help me with the following questions.

My name is Rafael and I´m a EEA national, but my wife is non-EEA.

We are moving to UK in the next months and we are applying now for a Family Permit visa to my wife, as we are travelling together to UK.

As I´m a high skilled professional, very specific, I´m not sure I will be employed within the 6 months of the Family Permit visa expiration date.

Due to the possible situation I have described above, I have some questions regarding the Residence Card application to her.

- When we reach the 5th month, just 1 month before her Family Permit would be expired, can I apply for her Residence Card even If I was a Jobseeker (with relevant proof of that)? I can also consider just her working and I´m still a jobseeker for applying for her Residence Card?
- Can I apply for her Residence Card after the 6 months Family Permit expiration period? Example, I find a job after at the 8th monthS I´m in UK, just 2 months after her Family Permit has expired, can we still apply for the Residence Card?
- There is a limit on how long he can be a jobseeker and still be suitable to support my application for the residence card. That is, is there a maximum time that he can be looking for a job and still be considered a suitable sponsor my wife´s Residence Card?
- If I apply for Jobseeker Allowance (JSA) does it interfere somehow in the application for her Residence Card?

Thanks for the help!
 

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I think you should avoid applying as a jobseeker if possible.

You can indeed apply for a RC after the FP expires. She has the right to live in the UK with you as long as you are exercising treaty rights, the EEA FP and RC are not visas - they do not themselves give her the right to live in the UK, rather they are a means of proving her existing right to live and work in the UK with her EEA family member under EU free movement rights. So having an expired FP does not invalidate her right to live in the UK with you.

You can be considered a jobseeker if you have been actively searching for employment for up to 6 months. After about 6 months you are really expected to have found employment.

Yes, applying for benefits whilst you are not economically active would likely prevent her from getting a residence card since you may be found to be causing 'undue burden' on the state.
 

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Discussion Starter · #3 ·
Thank you very much clever-octopus!

- I read somewhere that I need a letter from Dept. of Work and Pensions, showing that I was a Jobseeker and therefore I was resceiving JSA, considering that, I could theorically apply as a Jobseeker, are you familiar with this information?

- If I apply for her RC like 8 months before we arrive and her FM is already expired, she has to quit her job after the FM has expired ?

best regards

Rafael
 

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You can't apply for a RC before she arrives. The RC can only be applied for within the UK.

Yes I'm familiar with jobseeker applications, but UKVI has a lot of leeway to refuse these. If you've been jobseeking for more than 6 months the application will probably be refused.
 

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Discussion Starter · #5 ·
Thank you clever-octopus!

I just sad wrong the question below, it would AFTER, not BEFORE:

- If I apply for her RC like 8 months AFTER we arrive and her FM is already expired, she has to quit her job after the FM has expired ?
 

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You can apply for an RC after the FP (Family Permit - not 'FM') expires. The problem is that she won't be able to prove her right to work in the UK unless she has a valid family permit, or an application in progress for a residence card. Her employer may or may not insist on it, but they usually do insist on the applicant having valid right-to-work documents in order to continue employment. Does she have the right to continue working in the UK past FP expiry? Yes, as long as you are exercising treaty rights - The difficulty is proving it without a valid permit or RC application in progress.

Why not just try to get a job? Or even apply on the basis of being self-sufficient (with comprehensive sickness insurance) if you have savings and she is employed?
 

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Similar situation

I have a similar situation to Rafael. My husband and I plan on moving to the UK in the coming months.
My husband is an EU citizen and I am from outside of the EU, but hold EU residency in my husband's home country. I understand I have the right to enter the UK with him since we are married.

I feel like I don't know where to start to be honest, but I will start with these three questions first:

Would we both need to apply for the EEA family permit?

Upon arrival, does he need to have a residence card in order to find work since he is an EU citizen?

Also, does the EEA family permit give me the right to work in the UK?

Thanks for your help in advance.
 

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Discussion Starter · #8 ·
Thanks again! Very relevant information !

My idea is to be working before her FP has expired, for sure I don´t wanna be a jobseeker, the problem is my profession is very specific, so to arrange a nice job aligned to my business area it could take a while, maybe more than 6 months, that´s why I´m very concerned about my wife!

Do you think she will be fired after the family permit has expired ? Example, she got a job just 2 months after we arrive in UK, at the 6th month the employer will ask her for the RC, do you think they will indeed check this on a monthly basis?
 

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1) It's the middle of the work day in the UK and I am not here to answer questions at your demand
2) You are now asking for my speculative opinion on a future situation. Solution: find a job before you move over
 

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Discussion Starter · #11 ·
Really sorry for that man, I didn´t want at all to bother you, I didn´t know you were working! really sorry...

Regarding the information we have provided me, I will open a new thread for RC Self Sufficient Application, I hope you can still keep helping me... it would be very important!! :)
 
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