Adamg9331

Hi all many of you may remember all my questions about financial requirement when entering the UK on a spouse visa etc and I do thank you for your past help

To cut a long story short I will be applying for EU citizenship/passport and I have a couple of questions about entering the UK

1- Will it matter that I will be leaving Australia and entering the UK on an EU passport?

2- I know that I can work, live etc in the UK but for how long I've heard its 5 years but not sure?

3- Because I'm moving to the UK to be with my wife do I need my marriage cert or they won't care?

Many thanks

Adam

formula

No. As an EU citizen you are allowed to enter the UK and stay for 3 months.


Don't forget that unlike someone on a UK spouse visa, an EU citizen is not be allowed to use the NHS for free unless they are in work and earn enough each week to pay the UK national insurance. You will need comprehensive sickness insurance (CSI) to pay for any NHS until you find work and for when you are out of work.

The UK won't care if your own EU country pays for your NHS bills with their EHIC card, but be aware that your EHIC might not cover all NHS bills and you will have to make up any shortfall. EHICs are only meant to be used for visits but that will be between you and your EU country.

Or you could try to get Australia to pay for you while you are not in work with whatever document you need to apply for from Oz before you move, via the reciprocal agreement the UK and Oz have where Oz will pay your NHS bills in the UK. Again you need to check what cover Oz will pay the NHS as you will have to make up any shortfall. This too is only meant to be for visits but that is between you and Oz.

You can only visit for 3 months on an EU passport but if you want to stay past 3 months then you must be a qualified person to have a right to reside in the UK. A qualified person is (at the moment): a worker who earns enough to pay NICs each week; self employed who earns enough each week to pay NICs and is registered with HMRC; student who has a CSI; self sufficient who can prove they entered with enough savings to be self sufficient, and has a CSI.

There is also a jobseeker qualified person. This is limited to 6 months to look for work and this 6 months includes the the 3 months your EU passport allows you to be in the UK. You may be able to get the UK to pay your NICs for the second 3 months (to get the UK to pay any NHS bills) if you are in an area that still has JSA and can prove you looked for work for 3 months. The turn2us website saying that EUs can't do that if the area is on the new one welfare payment, Universal Credit.



You being in the UK will be nothing to do with your UK wife and everything to do with you remaining a qualified person under EU treaty rights at all times past that first 3 months, to retain a right to reside in the UK. Make sure you keep up to date with all the changes the UK or EU makes to treaty rights as they are applied retrospectively if they are in the UK's favour.

Adamg9331

So if I get a job within 3 months that earns enough to cover the NICs then I have the right to stay or is there another type of paper work that needs to be sent and paid for

When I looked up NICs it says that once you pass earning £155 a week then your employer deducts it from your earnings anyway

My Australian insurance won't cover it as I'm leaving the country permanently

formula

I'm not sure what EEA permit you will need to show any potential employers that you are allowed to work in the UK. BiP will know. Employers get huge fines if they employ illegals so they will want some proof.

It's when you're paying those NICs that you can get free use of the UK's NHS (paid for by the UK). Before that, you pay.

Under the new Real Time HMRC system the UK started during the 2013/2014 tax year, each time your employer pays you they must now immediately inform HMRC. This seems to be the system the benefits and NHS will be using to check EEAs now because only those EEA citizens in work and paying NICs can get some in work UK benefits after a while and their NHS healthcare paid for by the UK.

Before the Real Time system and the UK's recent rule changes for EEA citizens, it was hard for the UK to check who had a right to free NHS; or to check their status and remove and ban those who no longer have a right to reside in the UK.

The EU and UK rules

If you enter the UK as an EU citizen you will need insurance to pay the NHS until you find a job and for each time you aren't in work/paying NICs. To retain your right to reside in the UK beyond that first 3 months under treaty rules, you need to remain a qualified person under the UK rules, future UK and future EU rules, at all times.

If you enter under UK immigration rules on a UK spouse visa, you would pay a £200 a year contribution to the NHS with your visa application which then gives free full use of the NHS for existing conditions too, whether in work or out. You would then have 33 months in the UK and can extend that time with another visa.

not2old

to add


supporting info

https://www.gov.uk/apply-national-insurance-number

https://www.gov.uk/national-insurance

https://www.gov.uk/eea-registration-certificate

https://www.gov.uk/government/upload..._QP__04-15.pdf

https://www.gov.uk/new-employee-comi...rk-from-abroad

https://www.gov.uk/tax-come-to-uk

not2old

For the OP, NHS temporary measure.... 'nudge nudge, wink wink'

Reciprocal Health Care Agreements

Participating RHCA countries

and this

http://www.worldtravelguide.net/unit.../passport-visa

http://www.tripadvisor.com/ShowTopic...d_Kingdom.html

BritInParis

If you're an Australian citizen then you'll need to leave Australia on your Australian passport. When you get to the UK then you can use your EU/EEA passport to enter the UK. There's no problem with doing this.

As an EU/EEA citizen you can stay and work in the UK as long as you like. After working for five years you will automatically become a permanent resident and be eligible to naturalise as a British citizen. Once you've found a job in the UK it'll be a good idea to apply for your EEA residence card. It's not mandatory but it gives you evidence of your right to live and work in the UK for five years. After those five years you can apply for your EEA permanent residence card - again not mandatory but certainly helpful if you intend to apply for British citizenship as it demonstrates that you have fulfilled the residence requirements.

If your wife is British then all she'll need is her British passport.

Adamg9331

What I ment about the marriage certificate is to prove I'm married to a UK citizen my wife and son already live there

As for the rest let's see if I've got this right

Get to the UK and enter using my EU passport but fly out of Australia using my Aussie one
Once in the UK apply for a National Insurance Number
Get a job
Apply for a EEA resident card
5 years later apply for UK citizenship and EEA permanent resident card

The only part I don't understand is why do you have to have private health insurance most of the company's I looked at wont cover you unless your been in the UK for 6 months and also have a job, I understand that the NHS won't cover you its the same here in Australia but over here your not forced to take our private health cover

I've just read that apparently my Medicare card is recolonised over there so that might solve that problem

Adam

BritInParis

You won't need your marriage certificate for any immigration purposes if you're coming over on your EU passport.

Pretty much spot on other than you should obtain your EEA permanent residence card before you apply for British citizenship. You will also need to pass a Life in the UK test. The test does not expire so you can take it at any time. You don't need to pass an English language test as an Australian citizen.

You won't need private health cover in order to use the NHS so long as you are working in the UK. If possible you should obtain an EHIC card from your EU country before coming to the UK to cover you for the initial period when you won't be working. If that's not possible then Australian visitors to the UK are covered by a reciprocal healthcare agreement so should the worst happen and you require NHS treatment then you should present your Australian passport and your Medicare card.

Reciprocal Health Care Agreements

Adamg9331

Awesome thanks for clearing that up

Adam

not2old

BritInParis, how would that work for the OP?

Would he need to go from Australia (prior to reaching the UK) to visit or even live temporary with an address & contact details in the EU country the OP has his citizenship/passort for a period of time before getting an EHIC?

Then how long do you reckon it would it take being in that country for him to get an EHIC card?

BritInParis

That's why I prefaced it with 'if possible'. If the OP hasn't ever lived or paid social security in his home EU country then it may not be possible but without knowing which country he is obtaining his passport from it's not possible to rule it out entirely.

not2old

would that be a bit dodgy or tricky, even suspicious, in that - from Australia he enters the UK with an EU passport, would he be able to access NHS under the recipricol agreement if his Australian passport had no visitor visa in it?

Just asking.....

BritInParis

Not at all. If he is both an EU and Australian citizen then it can benefit from both citizenships in the UK. For example, he can work on his EU passport without a visa unlike an Australian citizen but be still eligible to vote in UK elections as an Commonwealth citizen unlike an EU citizen.

not2old

So its bending the rules sort of, that a dual passport holder [Australian & EU citizen non Brit] can access the NHS till the EU citizen side settles & finds work, or in obtaining a NI number.

What a botch up in the immigration rules & recipricol agreements

In the event the OP enters the UK with an Australian passport & overstays because he never showed the EU passport - is he likely to be deported?

Or the fact that he obtained seemingly NHS services under false or fraudulent pretense?