# Help, in regards to work status and how it affects eligibility



## thundrcack (Jun 26, 2013)

So, my girlfriend is a French citizen that just got a job in the UK working for a French company. From what she tells me she is a "volunteer" under this French company. Now, I don't know what that means because she is getting paid over 2K/month + a housing allowance. Also, what is strange is she's coming to visit me in the states and has to request a written permission from her company to allow her to leave, I believe this has to do with her "volunteer" status. 

My question is if we get married is this "volunteer" status (whatever that means) will interfere with me moving to the UK on a spousal visa?


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## laurinoz (Mar 18, 2013)

thundrcack said:


> So, my girlfriend is a French citizen that just got a job in the UK working for a French company. From what she tells me she is a "volunteer" under this French company. Now, I don't know what that means because she is getting paid over 2K/month + a housing allowance. Also, what is strange is she's coming to visit me in the states and has to request a written permission from her company to allow her to leave, I believe this has to do with her "volunteer" status.
> 
> My question is if we get married is this "volunteer" status (whatever that means) will interfere with me moving to the UK on a spousal visa?


Hello,

Do you know which company your gf is working for? Volunteer jobs don't get paid that much. I don't, even as a Manager, so my advice would be to check her contract.

In regards to the "written permission", I think she is simply referring to the normal holiday form we have to fill in, and submit to our boss. Normal legal requirement for all employees. 

And why would you think that it could interfere with you moving here?


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## thundrcack (Jun 26, 2013)

laurinoz said:


> Hello,
> 
> Do you know which company your gf is working for? Volunteer jobs don't get paid that much. I don't, even as a Manager, so my advice would be to check her contract.
> 
> ...


This is what she sent me, I could be wrong but I just estimated based on what I thought these things meant lol
Allowance form
Cash advance (Avance VIE) :1861,61€
Abatement for accommodation (Abattement Logemnt) : - 286,56€
Fixed rate of payment (Taux commun) : 715,38€
Payment rate depending on the geographic area of work (Elément Géo 100%) : 1432,79€
Net owing (NET A PAYER ) : 3723,22€
Fiscal management (GEST. FINANCIERE VIE): BELTRANDO ISABELLE & BONTEMPS GILLES

And I have no idea why I think it would interfere, I just want to make sure that I'd be able to live/work in the UK upon marrying a French "volunteer" living/working in the UK.


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## nyclon (Apr 3, 2011)

I think you need to ask your girlfriend about the details of her job.


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## thundrcack (Jun 26, 2013)

nyclon said:


> I think you need to ask your girlfriend about the details of her job.


I have. She's as confused as what a volunteer means too. I guess the important question is does any of that matter anyways because when it comes down to is she's an EU citizen living legally in the UK, so I shouldn't have any issues right after we marry right?


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## laurinoz (Mar 18, 2013)

As a French citizen, she is allowed to live in UK. But if you marry her, I don't think it'll give you full right to be in UK. I can be totally wrong, but I think you'll still have to go through a normal immigration process in order to come to the UK, as she is not British.

But this is what I think, not what I know, so maybe someone else can share some light on the matter.


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## thundrcack (Jun 26, 2013)

laurinoz said:


> As a French citizen, she is allowed to live in UK. But if you marry her, I don't think it'll give you full right to be in UK. I can be totally wrong, but I think you'll still have to go through a normal immigration process in order to come to the UK, as she is not British.
> 
> But this is what I think, not what I know, so maybe someone else can share some light on the matter.


eek, this is kinda important  ......also, if that's the case what/how long is the "normal immigration process".......but I hope it's not the case


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## laurinoz (Mar 18, 2013)

thundrcack said:


> So, this is kinda important  ......also, if that's the case what/how long is the "normal immigration process"


No idea, but I am certain you can find a thread on the British forum that could give you the links you need. You'll have other expacts sharing their experiences with UK immigration.


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## nyclon (Apr 3, 2011)

laurinoz said:


> As a French citizen, she is allowed to live in UK. But if you marry her, I don't think it'll give you full right to be in UK. I can be totally wrong, but I think you'll still have to go through a normal immigration process in order to come to the UK, as she is not British.
> 
> But this is what I think, not what I know, so maybe someone else can share some light on the matter.


This is incorrect. 

You need to determine if your girlfriend is exercising treaty rights. That means she is living and working in the UK. It sounds like she's getting paid for a job but you're going to have to determine what her "volunteering" means as I don't know if actual volunteering falls under exercising treaty rights. If she is exercising treaty rights then once married you can apply for an EEA Family permit:

UK Border Agency | EEA family permits

I believe subsequently you apply for an EEA residence permit:

UK Border Agency | Residence documents for non-EEA family members of EEA nationals

Your girlfriend is going to have to figure out what her status is.


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## laurinoz (Mar 18, 2013)

nyclon said:


> This is incorrect.
> 
> You need to determine if your girlfriend is exercising treaty rights. That means she is living and working in the UK. It sounds like she's getting paid for a job but you're going to have to determine what her "volunteering" means as I don't know if actual volunteering falls under exercising treaty rights. If she is exercising treaty rights then once married you can apply for an EEA Family permit:
> 
> ...


Voila, someone who knows


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## thundrcack (Jun 26, 2013)

nyclon said:


> This is incorrect.
> 
> You need to determine if your girlfriend is exercising treaty rights. That means she is living and working in the UK. It sounds like she's getting paid for a job but you're going to have to determine what her "volunteering" means as I don't know if actual volunteering falls under exercising treaty rights. If she is exercising treaty rights then once married you can apply for an EEA Family permit:
> 
> ...


That's what I was concerned with. Now, this is going to sound stupid, but who do I ask?? My gfriend is clueless on it, as is her boss/ owner of the company (it's a very very small operation). I will haver her reask her boss but if not him, who would be able to find out?


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## thundrcack (Jun 26, 2013)

Also, I don't know if any of these things matter but:
1) She doesn't pay British taxes (according to her)
2) She's paid in EUR
3) she's still able to use the health services I believe


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## nyclon (Apr 3, 2011)

I think the work has to be UK based meaning a UK paycheck with UK taxes. This has gone beyond my knowledge.

I would suggest starting another thread with EEA in the title and detail everything you have had here so those with more experience with EEA family permits etc. can help.


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## laurinoz (Mar 18, 2013)

thundrcack said:


> Cash advance (Avance VIE) :1861,61€
> Abatement for accommodation (Abattement Logemnt) : - 286,56€
> Fixed rate of payment (Taux commun) : 715,38€
> Payment rate depending on the geographic area of work (Elément Géo 100%) : 1432,79€
> ...


The above indicates that she is being paid by her Head Office in France, because this is more or less what I had on my French payslips.
I worked for a French firm in London, and was paid in pounds, paying my English taxes as normal.

You would need more professional advice on that one


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## thundrcack (Jun 26, 2013)

laurinoz said:


> You would need more professional advice on that one


Any ideas with whom I should speak outside of my gfriend and her slightly inept boss


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## laurinoz (Mar 18, 2013)

You could find an existing thread on the forum, or use the search box to see if your query has been previously discussed.
Have you considered going through a migration agent otherwise?


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## Crawford (Jan 23, 2011)

thundrcack said:


> Also, I don't know if any of these things matter but:
> 1) She doesn't pay British taxes (according to her)
> 2) She's paid in EUR
> 3) she's still able to use the health services I believe


Is she paid cash? Do her payments have any deductions at all? Is she paying taxes in France. Surely she can figure this out?

If paid cash and no deductions, sounds like she is getting paid "under the table".

Volunteers don't get payments - that's an important part of being a volunteer. So you may have got the wrong description of what she is doing.


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## thundrcack (Jun 26, 2013)

Crawford said:


> Is she paid cash? Do her payments have any deductions at all? Is she paying taxes in France. Surely she can figure this out?
> 
> If paid cash and no deductions, sounds like she is getting paid "under the table".
> 
> Volunteers don't get payments - that's an important part of being a volunteer. So you may have got the wrong description of what she is doing.



This is what she sent me (from her paystub)
Cash advance (Avance VIE) :1861,61€
Abatement for accommodation (Abattement Logemnt) : - 286,56€
Fixed rate of payment (Taux commun) : 715,38€
Payment rate depending on the geographic area of work (Elément Géo 100%) : 1432,79€
Net owing (NET A PAYER ) : 3723,22€
Fiscal management (GEST. FINANCIERE VIE): BELTRANDO ISABELLE & BONTEMPS GILLES


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