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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10401
Experience:  Barrister 17 years experience
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I am a German national looking to move to the UK with my

Resolved Question:

Hello,
I am a German national looking to move to the UK with my Croatian girlfriend and look for work. We are planning to marry before we move to the UK.
Knowing that the regular procedure for Croatian nationals requires quite a bit of administration and that Croatian nationals fall under worker restrictions; I would like to confirm if she would still need any immigration documentation or to obtain a work permit.
Best Regards
Martin Kosel
Submitted: 6 months ago.
Category: Law
Expert:  Buachaill replied 6 months ago.

1. Dear Martin, the important point you need to be aware of is that your Croatian national wife will not need a visa in order to live and work in the UK because she is the spouse of you, an EEA national. So your wife can live and work in the UK without restriction. To prove her right to work, she can apply for a Blue Registration certificate and this she can show to employers to prove her right to work. A blue registration certificate costs GBP 65. Here is a link to the UK Government website which sets out the position and has an link to the application form. https://www.gov.uk/croatian-national/family-members

Expert:  Buachaill replied 6 months ago.

2. Be aware that this is the position because Croatia is now a full member of the EU. So the restrictions are limited.

Expert:  Buachaill replied 6 months ago.

3. Please Accept or Rate the answer as unless you do so, your Expert will not receive any payment for answering your question.

Customer: replied 6 months ago.
Dear Buachaill,
Dear X,thank you for your response. We are fully aware of the possibility of obtaining the Blue Registration Certificate (as well as the procedure). However, as this process is lenghty (at least a few weeks if not longer) and she already has a job offer unlike me, we would like to know if she can legally accept employment in the UK as soon as we are married without the Blue Certificate or if it is mandatory to obtain it.
More specifically, her future employers are aware of our situation, but would like to confirm that there is legally no obstacles to hiring her before she obtains a blue certificate. We would like to be able to show them undenyable proof that they are not breaking any laws if they hire her without the Blue Registration Certificate, as they would like ensurance on their side that they are doing everything correctly before they would let her sign the contract.Thank you for your response so far
Kind regards,
Martin
Customer: replied 6 months ago.
PS: There has been problems obtaining any of the asked information from the home office.
Her employers tried to ask for confirmation from the home office but had a very difficult time getting any answer from them.
Expert:  Buachaill replied 6 months ago.

4. As I mentioned in my earlier answer, the Blue Certificate is merely proof to show an employer that your girlfriend can work. It is not essential. This is mentioned in my earlier answer and is set out in the piece from the UK Government website to which I have referred you.

Expert:  Buachaill replied 6 months ago.

5. So, there is no impediment to her immediately starting to work for this employer. There are no legal obstacles and they aren't breaking any law. Again refer to the piece from the Uk Government website to which I have referred you.

Expert:  Buachaill replied 6 months ago.

6. Ultimately, be aware that the Home Office aren't engaged in the provision of information. So, if her employer had difficulty in getting this information from the Home Office it is merely because this is not their function.

Customer: replied 6 months ago.
Dear Buachaill,Thank you for your response. However, the piece from the UK Government website to which you have referred us ( https://www.gov.uk/croatian-national/family-members ) only talks about family members of Croatian nationals - and not the situation of a Croatian national being a family member of somebody with EEA nationality (other than Croatian).We have been able to find confirmation to the information you have provided on the following website from the UK Government:
https://www.gov.uk/croatian-national/purple-registration-certificate ("When you won't need a purple certificate")
as well as in this guidance document:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/506081/Croatia__Guidance_for_nationals_of_Croatia_on_obtaining_permission_to_work_in_the_UK__Mar_16_KP__2_.pdf (paragraph 5 onward)Are you aware of any other documents, regulations or similar to which we could refer her prospective employer, or any other way they would be able to obtain this confirmation, in order to reassure them of their right to legally my Croatian wife, once she is married to me, a German national?Kind regards,
Martin
Expert:  Buachaill replied 6 months ago.

7. Dear Martin, if you read the bit I referenced to you under "Purple certificate" and where it says "

"When you won’t need a purple certificate

You don’t have to apply if you:

  • are the partner, child or dependent relative of an EEA citizen (other than a Croatian) or of a person settled in the UK"
Expert:  Buachaill replied 6 months ago.

8. Finally, if you aren't happy with what I have given you and still cannot find it, I would suggest you hire a solicitor to formally write to your girlfriend's employer and point out the legal situation to them. This is my final recommendation if you still cannot find what you are looking for.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10401
Experience: Barrister 17 years experience
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