Legal Question in Immigration Law in United Kingdom
I am on a student visa but recently I got married. My wife is an eu national and we are now married since June 2011. We have been living together in uk since 31 Aug 2011. My wife has been actively looking for job since being in uk, thus exercising her treaty rights. From the home office website, its written that an eu family member does not necessarily need residence documents to work in uk. So am I entitled to work full time being a eu family member despite being a student?
1 Answer from Attorneys
You state that your wife has been actively looking for a job in the UK since arriving and is thus exercising her treaty rights. Whether this classifies as her exercising treaty rights will depend on what EU country she comes from and how long she has been looking for work, and whether she can evidence this.
With regards to you not necessarily needing an EEA residence card, this is technically correct, however, very few employers will employ you on a full time basis without such a card, as this recognises you as an EEA family member.
Furthermore, as your spouse is not working and depending on the answers to the questions above, may not be deemed to be exercising treaty rights, it is best for you to first apply for a residence card to avoid any doubt.
Should you wish to discuss this further please feel free to contact us at [email protected]
Regard
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