Can I work with just a stamp on my passport which says

[Anamkhan]

Hello

My non Eea spouse has applied for pre settled status . We haven’t heard anything from
home office yet . He only has a stamp
On his passport which says “ admittedly under EEA regulations” 2016

Can he be legally employed with this stamp. We can’t wait for the pre settled status any longer . We need a job immediately to support us .

Please advise

Also he has applied for a national insurance number . He was told it can take upto 8 weeks to get a response . What do we need in the mean time to pay NI

[secret.simon]

Legally and technically yes. But employers will be very reluctant to recruit him as the stamp will likely not count as a statutory excuse (See Pages 36-37 in particular).

It seems that yours is a Surinder Singh application, which may complicate matters further (as employers will not be necesssairily knowledgable in EU law and would expect the non-EEA spouse of a British citizen to have a BRP at the very least).

[Blacksea28]

When you call HO EEA section, they say "With first EEA visa/stamp, you cannot take up job legally. Only one exception is if on your EEA visa "work permitted" stated then you can work" And they also said that your employer needs to make HO check for you and they will reply that you cannot take up job.

so basically you can start working in case if you convinced your employer. About HO check, they can wait until the end of your pre-setlled application if it does not take long but it is risky for the employer. They might receive penalty up tp 20K GBP as far as I remember.

Regarding national insurance number, it is not a proof of work permit etc, you can start working without NI number, employer will assign you temporary NI number. So NI is not an issue, dont worry.

[Anamkhan]

Thank you for your replies . UKVI is taking very long in making a decision regarding my husbands pre settlement application . Hence we were hoping he would start working with just the stamp
On his passport but now we have changed our mind . It seems risky for both us and any employer to take him without a proper legal document confirming his right to work.

But we are running out of savings !!!