EEA2 - no right to work as unmarried partner

[bendoh]

Hi there. I would really appreciate any help on this!

I submitted my EEA2 application on 04.09.2014 and received an acknowledgement letter on 09.09.2014.

I then received a CoA dated 19.09.2014 (received today) that says at this stage I do not have the right to work in the UK as I am an Australian citizen as the unmarried partner of an EU citizen (Swedish). I do not have an EEA family permit and I am currently on the Youth Mobility Scheme (Tier 5) that is due to expire on 01.10.2014

This has come totally unexpected as I believed that if I submitted my application for EEA2 before the expiry of my other visa I would be able to remain and work until a decision is made. I didn't realise the rules are different for unmarried partners.

My questions are:

1. Do I have the right to remain (but not work) in the UK after the 01.10.2014? I do not want to have any problems overstaying my visa. I cannot leave before the 01.10.2014 because it will take up to 10 working days to get my passport back and book tickets etc.

2. What are my options? Should I apply for an EEA family permit or just wait for the EEA2 to be issued (we are fairly confident, but it could take up to 6 months!). If I wait for the EEA2 I cannot work and that is not sustainable.

3. Do I need to go back to Australia to apply for the EEA family permit?

I have seen that processing times for the EEA2 can be as low as 2 months. If I call them, is there any chance to ask for a decision ASAP due to my circumstance?

Many thanks in advance

Ben

[bendoh]

Sorry one more thing to add...

Does Section 3C leave apply in the cases where I apply 'in time' for an EEA2 visa from a Tier 5 Youth Mobility Scheme visa?

Many thanks again

[Jambo]

Sorry one more thing to add...

Does Section 3C leave apply in the cases where I apply 'in time' for an EEA2 visa from a Tier 5 Youth Mobility Scheme visa?

Many thanks again

No. Section 3C applies to applications under the immigration rules. EEA Regulations are under different set of rules. You are stuck in a limbo in your case which I don't think was anticipated by the legislator. You can either wait until a decision is made (can't work, technically illegal) or apply for EEA Family Permit from abroad (you don't need to go home. It can be applied from any country i.e. Ireland for example. It might take a few weeks to get it.

[bendoh]

Sorry one more thing to add...

Does Section 3C leave apply in the cases where I apply 'in time' for an EEA2 visa from a Tier 5 Youth Mobility Scheme visa?

Many thanks again

No. Section 3C applies to applications under the immigration rules. EEA Regulations are under different set of rules. You are stuck in a limbo in your case which I don't think was anticipated by the legislator. You can either wait until a decision is made (can't work, technically illegal) or apply for EEA Family Permit from abroad (you don't need to go home. It can be applied from any country i.e. Ireland for example. It might take a few weeks to get it.

Ok thanks! So I guess to apply for the EEA family permit from Ireland I would need to request my passport back.

Also, would I need to submit the same documentation to prove a durable relationship as we did for the EEA2 application? If so, would they need to be originals? We submitted all the originals to the EEA2 application!

Thanks for your help. Much appreciated

[Jambo]

They documents need to be originals. You might want to wait for the outcome of your EEA2 application if you can't provide documents.

[ab392]

Jambo,

Question, how would applying for an EEa Family Permit from abroad for an unmarried partner lead to the right to work? I was told that entering on an Extended Family Member permit would extinguish any existing leave conditions and as an unmarried partner you would almost certainly be restricted from working while the RC is under consideration.

I have also been given conflicting information on Section 3c rights, since unmarried partners do not have automatic rights and leave is granted by the Secretary of State that it would qualify for 3c.

Anyone have any further clarification?

[vinny]

See also working while waiting for EEA residence card.

CR001 was correct with regards to Section 3C.

[ab392]

Hi Vinny,

Thanks for the prompt response, I noticed the following from the post you referenced:

[quote]7 wrote:
(3) Subject to paragraph (4), a person who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card shall be treated as the family member of the relevant EEA national for as long as he continues to satisfy the conditions in regulation 8(2), (3), (4) or (5) in relation to that EEA national and the permit, certificate or card has not ceased to be valid or been revoked.

I have not been issued any of those documents yet, in country applicants for a Residence Card do not receive an EEA Family permit.

Does this imply the type of "leave" I have has now somehow changed?

[el patron]

Jambo,

Question, how would applying for an EEa Family Permit from abroad for an unmarried partner lead to the right to work? I was told that entering on an Extended Family Member permit would extinguish any existing leave conditions and as an unmarried partner you would almost certainly be restricted from working while the RC is under consideration.

I have also been given conflicting information on Section 3c rights, since unmarried partners do not have automatic rights and leave is granted by the Secretary of State that it would qualify for 3c.

Anyone have any further clarification?

The answer is that being a extended family member/durable partner in possession of a valid EEA family permit you are entitled to rely on the same rights as direct family members, hence you have evidence of the right to work (always with the proviso that the right is dependant upon the 'qualified status/PR' of the EEA national). The doubt here is what constitutes a 'valid family permit' i.e. is it still valid after it's expiry date as evidence of ongoing rights, the Home Office's own training materials are not clear on this. However nothing to stop going abroad again and getting another family permit after the 6 months have passed on the first family permit! Hopefully by that time a Residence card will have issued though.