EEA2 has expired, am I still eligible to work in the UK?

[SmurfonSmack]

Hi All,

Apologies if this question already falls under an existing thread.

I am a South African citizen, my wife is an Irish citizen. We have been married and living in the UK together for 6 years.

Originally I was here on the Tier 1 Highly Skilled visa, but when that expired in 2012, I applied and received an EEA2 stamp in my passport, valid for 5 years.

This was due to expire in Aug 2017. At the beginning of Aug 2017, I submitted an EEA PR application for myself - based on the fact that my wife and I are married, she had been resident in the UK and exercising her Treaty rights, and I have been resident in the UK with her for the last 5 years.

I have received an email from Home Office with a case ID (dated 20 Oct 17)
I have received my Biometrics letter (dated 26 Oct 17). I went to the Post Office and completed the biometrics the next day.

At present, the case is still pending a decision (I checked using the Home Office website - https://contact-ukvi.homeoffice.gov.uk/ ... astatus_ns) and it is coming up with "Awaiting a decision".

However, my brilliant HR dept have approached me, asking what my current legal status to work in the UK is given that my EEA2 has expired and the application is still pending?

Logically, I would assume that until Home Office make a decision, I am still legally entitled to work in the UK. However, from experience logic & bureaucracy do not always go together.

So can someone please answer my question, even though my EEA2 has expired, and I have submitted an EEA PR application, am I still legally entitled to work in the UK?

If possible, could you please point me to the relevant sections under EU/Immigration law that I can get my HR to refer to.

Thanks.

[Marikistin]

Hi there I think you can show your COA to your employer and there is a number for them to check about your status (Employer Checking Service,i think thats what its called).

I am no expert but as far as i can remember and have read through on several posts here you are entitled to work until such time that a decision has been/was made on your application.

Other senior members will confirm this and hopefully advise you.

Hope this helps.

[J10M]

I believe you can show your COA, which I assume you haven't received yet?

You should get it relatively soon.

[Dark79]

usually the home office the send a letter to you letting you know they have received your application and your are allowed to continue working or accept new roles until your application has been decided. (that what happened to me )
this came a month after receiving the email, you can show your HR the email and explain to them your application in process.