EEA Permit question (Terminated/Breached Employment Contract Abroad)
#1
Forum Regular
Thread Starter
Joined: Sep 2012
Posts: 85
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!
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!
#2
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
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.
Possibly look at the UKResident forums and post your question there - some OISC registered immigration solicitors post on those forums.
#3
BE Forum Addict
Joined: Jul 2003
Location: Finally moving!
Posts: 1,236
Re: EEA Permit question (Terminated/Breached Employment Contract Abroad)
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.
#4
Forum Regular
Thread Starter
Joined: Sep 2012
Posts: 85
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.
Possibly look at the UKResident forums and post your question there - some OISC registered immigration solicitors post on those forums.
#5
Forum Regular
Thread Starter
Joined: Sep 2012
Posts: 85
Re: EEA Permit question (Terminated/Breached Employment Contract Abroad)
Registering as unemployed/seeking work is enough to be economically engaged? Is there any statute, reference or written information on this somewhere? Thanks!!