bamarek wrote:What??? I called Home office 10 times and they all said my Australian partner has a right to work while our EEA2 application will be dealt with. From what you posted (big thanks for the scan) it seems it is impossible.
Can anyone explain it please....?
Also, is there any initial check done by HO before granting the certificate of application to make sure the proof of living together for 2 years is provided???
Thanks!
Hi Bamarek
If you applied based on article 3(2) of directive 2004/38 for your partner, then the home office asked your partner not to work until they decided your partner application.
The above posted HO documents says that : "European legislation allows member states to determine the terms of residence for such persons ....accordance .......their domestic legislation"
Remember, Although the treaty leaves member states free to choose the ways and means of ensuring that the directive is implemented , that freedom does not affect the obligation , imposed on all the member states to which the directive is addressed , to adopt , within the framework of their national legal systems , all the measures necessary to ensure that the directive is fully effective , in accordance with the objective which it pursues.
There are few judgements reported by Tribunal which support the UK implementation. But I believe that few cases may be pending before the Higher Court for these issues. Hope it may sort it.