| dear sir, I am currently working in Repaplic of Ireland as a nurse and I got Irish passport. my husband is on dependent visa and he has got Indian passport (he arrived to Ireland on last march). my husband is unable to find a job and we wish to move to England. could you please advise me the process of nmc registration(I studied nursing in kerala)and whether my husband can accompany me to uk. Thank you for your help and advise |
| Dear Mini,
Thanks for your query.
There are three points:
1. Your rights to enter the UK with Irish Passport
2. Your Husband’s rights to enter the UK with Indian Passport
3. Qualifying as a Nurse in the UK
Entering the UK:
As you are an EEA national you do not need visa to enter the UK.
When you enter the UK, you must show your passport or national identity card. You should use the separate channel marked 'EEA/EU', where it is available. Immigration officers will check your passport or national identity card to ensure that it is valid and belongs to you.
If your family members are not EEA or Swiss nationals (your husband is not EEA national as he holds an Indian passport), they will need to apply for an EEA family permit before they can come to the UK. This permit is similar to a visa. There is no fee for application.
A nonEEA family member of an EEA national will need to obtain an EEA family Permit before travelling to the UK if they are:
• Coming to live with the EEA national in the UK.
The nonEEA family member must be travelling to the UK:
• with the EEA national; or
• to join the EEA national
When your husband apply he should include all the documents that you can to show that you are a family member of an EEA national. These should include:
• the EEA national's original passport or identity card, or if this cannot be provided (for example, because the EEA national is already in the UK)
a copy of the EEA national's passport or identity card, endorsed by the EEA national's embassy in the country in which they are resident or present at the time of application; and
• proof of your relationship to the EEA national (for example, your birth certificate or marriage certificate); and
• A letter from the EEA national, declaring that you are travelling with them or are joining them in the UK.
EEA Family permit can be applied using the form VAF5
Residence Permits (Registration Certificate) For EEA Nationals:
Under European law, you do not need to obtain documentation confirming your right of residence in the UK if you are a national of a country in the EEA. However it would be better to register. You can apply using form EEA1
Residence Permit for your Husband Who is not an EEA National:
The following will apply;
As he is the nonEuropean family member of an EEA or Swiss national who has come to the UK with you, he can apply for a residence card. This is a document which confirms his right of residence under European law. The residence card may take the form of an endorsement in your passport (also called a 'vignette'), or it may be a separate document called an 'immigration status document'. A residence card is normally valid for 5 years from the date when it is issued. You can use the form EEA2
When he has lived here for a continuous period of 5 years with the EEA or Swiss national (who must have been in employment, selfemployment, studying or selfsufficient in the UK throughout the 5 years), he can apply for confirmation of his right to permanent residence in the UK.
He do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national. However, he may be inconvenienced if he do not obtain this confirmation, as:
He may have difficulty proving that hi is lawfully resident in the UK;
if he leave the UK, he will usually need to obtain an EEA family permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national; and
He may find it difficult to obtain or change employment.
Other requirements to support your husband’s application:
If you want to support an application for a residence card by any of your family members who are not EEA nationals (which is your caase) you must demonstrate that you are residing in the UK in accordance with the Immigration (European Economic Area) Regulations 2006 and are 'exercising Treaty rights' in the UK. You are said to be exercising Treaty rights if you are:
1. employed or selfemployed; or
2. studying; or
3. economically self sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
4. a jobseeker; or
5. retired; or
6. someone who has had to cease working in the UK owing to permanent incapacity.
We would recommend that you take independent Immigration Advise from a UK based solicitor before making decisions or immediately after moving to the UK.
Registering as a Nurse In the UK:
As your original qualification is not from the EEA, the registration process for Indian Nurses would apply.
Kindly refer to my previous answers in this session to get more information about the process of becoming a Registered Nurse in the UK with overseas qualification.
You can get detailed information by following the link below:
http://www.nmcuk.org/Registration/Joiningtheregister/
Joby Kuttikkat
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