At Courtyard Solicitors LLP we can assist in matters relating to your rights under European Law. European citizens and their family members can come to the United Kingdom to live and work or study. If you are a European student coming to the United Kingdom as a European citizen then your spouse, civil partner or dependent children will be entitled to a right of residence (i.e. right to live and work in the United Kingdom).
Although you are not required to do so you can apply for a registration certificate confirming your right of residence in the United Kingdom. Non EEA national family members will be able to apply for a residence card. After living in the United Kingdom for a period of over 5 years you will be entitled to apply for confirmation of your permanent residence. If you have been out of the United Kingdom for a significantly long time during the five year period then this may be a ground for refusal. However, the Secretary of State may exercise his discretion when considering the 5 year period. We can advise you on whether in your particular circumstances, there are reasons which can be put forward on your behalf to show why such discretion should be exercised.
Workers Registration Scheme
This scheme was introduced in response to new countries joining the European Union in 2004. It is intended that if a person wishes to work for an employer in the United Kingdom for more than one month they will have to register under the Workers Registration Scheme if they are a citizen of Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, or Slovenia, although there are some exceptions to these rules. After a period of 12 months of working legally in the United Kingdom you will not need to continue to register. You will then be able to obtain a residence permit. The 12 month period must not be broken by more than a total of 30 days. With the Workers Registration Scheme you do not apply until you have actually started work, although you must do so within one month of starting work in order not to be here illegally. Employers should also be aware that if they employ someone under this scheme for a period after the initial month and that person has not applied for a registration certificate or does not have a copy of the completed and submitted application form, they will be committing a criminal offence with a fine of up to £5,000.
In relation to all of the above applications it is possible to also apply for your family members to come to the United Kingdom as your dependants which we can advise you on.