Can I Start Working Before I Receive My COA?

[ulas]

Hi all,

I really need good advise on this.

I am Turkish and came to UK in January 2017 on Tier 2 Visa. My wife is Bulgarian and she came to UK in August 2017.
We sent EEA(QP) and EEA(FM) applications together last month. I am still waiting to get my Certificate of Application.
I am currently working as Tier 2 under sponsorship but i need to change jobs.

Can i start working somewhere else without receiving my CoA? (No sponsorship. like a normal EU person)
If so, are there any laws i can show to my potential employers or any other thing i should be aware of?

This is a very urgent issue for me. Any advise and information is much appreciated.

Thanks in advance,
Ulas

[Casa]

[quote=ulas post_id=1590164 time=1517173335 user_id=187395]

Can i start working somewhere else without receiving my CoA? (No sponsorship. like a normal EU person)
[quote]

Do you mean as the family member of an EU national

Is your wife exercising her Treaty rights in the UK?

[ulas]

Can i start working somewhere else without receiving my CoA? (No sponsorship. like a normal EU person)

Do you mean as the family member of an EU national

Is your wife exercising her Treaty rights in the UK?

Yes as 'family member of an EU national'
She applied for a registration certificate on the basis that she is a qualified person.(self sufficient as i work under tier2 and earn my salary in the UK)
Does that mean and prove she is exercising her Treaty rights? How can she officially declare she is exercising her treaty rights?

[Casa]

If she is claiming self-sufficiency, she will need to show that she is holding Comprehensive Sickness Insurance (CSI). Without this, she won't qualify as an EU national exercising Treaty rights.

[ulas]

If she is claiming self-sufficiency, she will need to show that she is holding Comprehensive Sickness Insurance (CSI). Without this, she won't qualify as an EU national exercising Treaty rights.

We sent EEA(QP) and EEA(FM) applications together last month. In that application CSI papers were included. Do i need to wait until i receive my CoA or her registration certificate to change job as family member of EU?

[Casa]

I doubt that any employer will take the risk of a £20,000 fine by employing you without a COA showing the right to work.

[ulas]

I doubt that any employer will take the risk of a £20,000 fine by employing you without a COA showing the right to work.

Fair point. But can they be fined legally?

I just seen the employers' handbook. It says:
Non-EEA Family Members of EEA nationals
Non-EEA nationals who are the family members of an EEA (or Swiss) national who is
exercising Treaty rights or has permanent residence, are also entitled to live and work in
the UK.

Now my question is if my wife is accepted as 'exercising her treaty rights' or not at the moment.
She applied for a registration certificate. Is that enough or does she need to have it in her hand?
I am searching all over the internet for hours but this concept is not clear :/

[ulas]

To help people with the same situation, here is what i have found: The answer is nope.
After 2015 they ask employers to see the COA while they hire.

[Richard W]

I doubt that any employer will take the risk of a £20,000 fine by employing you without a COA showing the right to work.

Fair point. But can they be fined legally?

No, they can't be fined. To do so would almost certainly be in breach of Directive 2004/38/EC. But I believe the failure to obtain evidence from you could be taken into account when deciding the punishment for unknowingly employing an illegal worker should they happen to do so.