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EEA Permit question (Terminated/Breached Employment Contract Abroad)

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EEA Permit question (Terminated/Breached Employment Contract Abroad)

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Old Jun 1st 2013, 2:48 am
  #1  
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Default EEA Permit question (Terminated/Breached Employment Contract Abroad)

Hello, and thanks for reading.

My husband is a UK Citizen and I am a US Citizen.

We are currently in Greece, as he is under contract for employment.

He has been here for two months, and I have been here for one month. His contract is 6 months in duration.

We have begun the paperwork process for residency, and are partially through it. We've acquired our tax numbers, opened a bank account and are in the process of getting necessary documents translated into Greek to facilitate his residency permit. We should have his permit next week. Mine may take another month or so.

My question: His employer is in breach of his contract and seem to be inclined to terminate the contract willy-nilly. We are walking on eggshells as the employer continues to selectively pay him, cancel employment dates at the drop of a hat, and otherwise not fulfill other contractual obligations (accommodation, travel reimbursement, etc.).

We anticipate that the employer may end up breaching the contract by terminating it unlawfully. That said, we are in a holiday location, and because of the timing of this, there may not be other employment - and if there were it would likely be illegal employment (no contracts, no insurance contributions, etc.)

I've begun the EEA family permit application online with the British authorities. They've asked for employment info for my husband. At the moment, the job remains in tact, but we anticipate that it may be terminated before we finish this process.

Would I still be able to continue the application process if the contract is breached in finality and he becomes no longer employed?

Any advice on how to handle this situation is greatly appreciated.

Thank you!
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Old Jun 1st 2013, 4:20 am
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Default Re: EEA Permit question (Terminated/Breached Employment Contract Abroad)

I'd suggest talking to an OISC registered immigration solicitor, as you may not fulfil the requirements for the EEA Family Permit as things currently stand.

Possibly look at the UKResident forums and post your question there - some OISC registered immigration solicitors post on those forums.
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Old Jun 1st 2013, 11:12 am
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Default Re: EEA Permit question (Terminated/Breached Employment Contract Abroad)

Originally Posted by alliekat
... Would I still be able to continue the application process if the contract is breached in finality and he becomes no longer employed? ...
As I understand it, yes.

But he would need to register as unemployed / seeking work with the local bureaucracy. And keep the paperwork. Even though there is no dole money to be had in all likelihood.

As another has suggested, professional advice is indicated.
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Old Jun 1st 2013, 11:26 am
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Default Re: EEA Permit question (Terminated/Breached Employment Contract Abroad)

Originally Posted by roaringmouse
I'd suggest talking to an OISC registered immigration solicitor, as you may not fulfil the requirements for the EEA Family Permit as things currently stand.

Possibly look at the UKResident forums and post your question there - some OISC registered immigration solicitors post on those forums.
Thanks for the advice. I posted this question on the other forum as you suggested. Hopefully I will get some responses. As far as a solicitor is concerned, we can't afford it. We put all of our resources into coming here, and part of the breach of contract is that the employer is refusing to pay for the last couple of weeks of work (save for a smattering here and there) and has refused to reimburse for relocation/travel as contracted. And we don't have any wealthy relatives.
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Old Jun 1st 2013, 11:28 am
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Default Re: EEA Permit question (Terminated/Breached Employment Contract Abroad)

Originally Posted by holly_1948
As I understand it, yes.

But he would need to register as unemployed / seeking work with the local bureaucracy. And keep the paperwork. Even though there is no dole money to be had in all likelihood.

As another has suggested, professional advice is indicated.

Registering as unemployed/seeking work is enough to be economically engaged? Is there any statute, reference or written information on this somewhere? Thanks!!
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