24 replies to this topic

[MrsALB]

Hi everyone, havnt been on here in a while but we are starting to think about applying for the entry clearance soon so would really appreciate some help/advice. As the title says, Im a brit national, husband is non-eea and we recently found out I am pregnant. We already ahve one child together.
So as our situation has changed slightly I have a few new questions!!
I of course hope to find work asap in England and am confident my pregnancy wont affect that. I'll be around 5/6 months so still able to work. I'll also be registering as self-employed with a large cosmetics chain although that wont generate much income. We are aiming to apply for the 5year permit in January, 2months before the birth how interested are they going to be in future employment, if for example, I only have temporary part-time work? Do I even have to tell them I am pregnant?
As far as I know, if I've worked there long enough before baby is due end of March, I'll be eligable for Statutory Maternity Allowance and that that will cover me for the Family Permit application but what if I'm not eligable? The time I have to take off for the birth and recovery, will it be considered as time unemployed if I'm recieving no wages, no maternity pay or allowance? I ask this with permanent residence in mind over the 5year period I belive I will have to show all earnings? Also, incase the application is refused and we have to extend and then reapply after the babys born.

A friend whos husband was granted the entry clearance has said that the 5year application (for surinder sing applicants) has very little to do with your current employment and concentrates more again on what you did in the EU country before hand. Is this correct?

Sorry its a long one! If anyone has any experience with a similar case or has any links I would really appreciate it. Also, Victoria, I would really appreciate it if you could contact me and let me know if and how you could help and at what rate.

Thanks for reading!

Edited by MrsALB, 21 September 2012 - 11:14 AM.

[Victoria]

"A friend whos husband was granted the entry clearance has said that the 5year application (for surinder sing applicants) has very little to do with your current employment and concentrates more again on what you did in the EU country before hand. Is this correct?"

No.  He is getting confused.  The family permit application relies on what you have done in the EU country before applying.  The 5 year residence card depends on what you are doing int he UK.

Pregnancy is not relevent.

[MrsALB]

Oh ok, so once we are in the UK what do we then apply for? I thought after entry clearance it is then a 5year family permit? Have I got this wrong?

[Victoria]

No, you are right.

[MrsALB]

Ok, so when applying for the 5 year FP I DO need to be employed/self-employed? Or do I just re-submit my Greek documents whether im working or not? Sorry, I'm a bit confused!

[Victoria]

As I said, The 5 year residence card depends on what you are doing in the UK.

[Alban]

Hi just send an email for your husband to read, isn't in English that's why I didn't write to this thread
Good luck

[Victoria]

Alban - it's really best not to send emails giving advice off the board, thanks.

[Mutly]

First your husband (if I remember correctly you live together in Greece) needs to apply for an EEA family permit. This is form VAF5 and needs to be done online. The EEA family permit is an entry document (a visas which the UK refuses to call a visa) valid for six months for the sole purpose of entering the UK with you.
For this it is critical that you have been working or self-employed in Greece and that your husband lived there with you, as your husband (ie after marriage), whilst you did so. You do not have to say that you're pregnant, the form doesn't ask about it anyway.

Once in the UK, your husband can apply for a residence card. This if form EEA2 and needs to be submitted by post. The residence card is valid for five years and documents his right of residence and work.
You need all the documents needed for the EEA family permit (Grek employment and cohabitation) plus proof that you would, were you a non-British EEA national, be exercising treaty rights in the UK.
Exercising treaty rights includes self-employment or employment part or full time and includes maternity leave where the status of employee is maintained. Again being pregnant at the time is not relevant. Seeking work is a treaty right but the HO doesn't normally issue residence cards in that case. Being a student or self-sufficient person are also treaty rights but require comprehensive sickness insurance without regard to NHS eligibility and use.

You need to be exercising treaty rights at the time your husband applies. It doesn't matter for the application what your future plans are. However you need to exercise treaty rights for five years without interruption for him to become a permanent resident.

[MrsALB]

Ok, thanks. Yeah, the first part is covered. I would have worked for just over 5 months when we come to apply. We only have a letter from our employer regarding living together as we have staff accomodation (free pretty much) but both have letters at same address.

I've been told else where that the need for employment/self-employment in the UK does not apply to Surinder Singh applicants thoguh and have read this on a few sites and in other discussions so just to clarify... As a Uk national following the SS route, I need to be employed for my husband to apply for the 5 year residence card? This won't be a problem but I'm abit confused now! I've also been told Surinder Singh applicants do not need CSI whether the uk national is working or not??