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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7609
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Can I apply directly resident card as a US citizen married

Resolved Question:

Can I apply directly for a resident card as a US citizen married to an EEA national if I'm not yet living in the UK? or do I need to get there on a family permit and then apply for resident card. I'd like to get a right to work in UK before moving there to join my husband so that I do not have a gap (or a small gap) in employment.
thank you
Jennifer
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi Is your spouse already in the United Kingdom working? Tom
Customer: replied 1 year ago.
He will be there starting feb 1st
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I’m afraid that you cannot apply for an EEA residence card unless you are in the UK.
So, this means that you must either apply for an EEA family permit now in order for you to travel with your spouse to the UK and thereafter apply for an EEA residence card OR you have to wait until your spouse has returned to the UK and been employed for a short period of time and then apply for an EEA family permit in order for you travel to the UK so that you can thereafter apply for a residence card.
Unfortunately, there is no way to factor against a small gap in proving your right to work. This is because once you have arrived here you must apply for a residence card and unfortunately most employers will wait until you have your residence card before employing you.
I am sorry
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.
Thank you, ***** ***** question...I thought I read that I can apply for jobs once arriving to UK using the EEA family permit, that it gives me the legal right to work until I get a resident card. Is this true, or is the only way to get a job is with a resident card? Thanks!
Expert:  Thomas replied 1 year ago.
Hi,
There is nothing stopping you from applying for jobs. However, it will be up to the employer whether or not they accept relying no your family permit or whether they will wait until you get your residence card. Some will, some won't but if you find an employer willing to rely on your family permit then you can accept the job and begin work.
Please do remember to leave feedback.
Tom
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