- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
If your student visa is still valid, very likely yes, however this depends on the type of study you completed. Best to check page 51 of the Tier 4 of the Points-Based System
regarding your other questions:You may work full-time after your course has ended, provided your
conditions of stay permit work during term time and you have leave to stay
in the UK. The period at the end of the course is considered vacation time.
No, since the EEA route and the Tier system coexist independently and are not mutually exclusive. That means you can have a valid TTier 4 visa and a valid EEA residence permit (or a CoA in while the EEA is in progress) without one invalidating the other.Basically I am asking if I get the COA without right to work does that trump my right to work on my teir 4 visa?
Yes.2. Is the COA without right to work only until the application gets approved?
That restriction exist only while your application is in progress, that is, until the case worker confirms you can be considered the extended family member of a EU national. Once this is confirmed, i.e. once you card has been issued, that restriction is lifted.Or does that restriction continue once I get my residence card?
You will get a CoA without the right to work, since you are only an extended family member, and extended family members don't have an automatic right, i.e. thier ties to the EU national need to be assessed and confirmed.3. Is it more likely for me to get the COA with or without the right to work?
As explained above, what determines if you get a CoA with or without the right to work is whether you are a direct or an extended family member of a EU national exercising treaty rights. Nothing more.My partner is exercising treaty rights, and has pre-settled status.
You will get the right to work once your card is issued.I didn't realise that it would be possible that I might not be able to work, so it is causing me a lot of stress finding this out.
Wrong.
It is till you get the EEA EFM card.
EFMs get COA without the right to work. FMs (spouses, children and dependent parents) geta COA with the right to work. That is standard.aryion146 wrote: ↑Tue Sep 24, 2019 11:19 am3. Is it more likely for me to get the COA with or without the right to work? My partner is exercising treaty rights, and has pre-settled status. I didn't realise that it would be possible that I might not be able to work, so it is causing me a lot of stress finding this out.
Please stop posting incorrect information!!amaherchandani wrote: ↑Sun Sep 29, 2019 12:43 amIf you get accepted to get a residence card - You will be legal and you will be considered to have the section C.
They do the assessment on the Non- EEA applicant if they have applied on right circumstances.
Not sure what point you are trying to make but my response was specifically to your incorrect advice that the OP will have section 3C protection, which they will not have.amaherchandani wrote: ↑Sun Sep 29, 2019 8:48 amI study what the home office guidance says and it clearly says this
"Extended family members of EEA nationals who are qualified persons, or extended
family members of EEA nationals who have a right of permanent residence, do not
have an automatic right of residence. If extended family members wish to have a
right to reside under the regulations beyond an initial 3 months, they must apply for,
and be issued with"
There has no mention about other EEA applications except the Extended Family Member and it also says there is no "automatic rights" but after the person who has been Assessed and GRANTED a EEA Family Permit - they are NOT a overstayer. That is what they mean by "Automatic".
amaherchandani wrote: ↑Sun Sep 29, 2019 12:43 amIf you get accepted to get a residence card - You will be legal and you will be considered to have the section C.
I think you are getting confused as to what Section 3C is and how it works.amaherchandani wrote: ↑Sun Sep 29, 2019 8:48 amThere has no mention about other EEA applications except the Extended Family Member and it also says there is no "automatic rights" but after the person who has been Assessed and GRANTED a EEA Family Permit - they are NOT a overstayer.
For the sake of double-triple clarify my first answer above, the OP will be able stay and work as long as their Tier 4 visa is still valid, which I hope I made clear (?). If their Tier 4 visa expires before the EEA documentation is issued, then there will be a gap and the OP will not have this right, and what @CR001 and @secret.simon say applies.kamoe wrote: ↑Tue Sep 24, 2019 12:21 pmIf your student visa is still valid, very likely yes, however this depends on the type of study you completed. Best to check page 51 of the Tier 4 of the Points-Based System
Policy Guidance here:
In general, for full time postgrad study:You may work full-time after your course has ended, provided your
conditions of stay permit work during term time and you have leave to stay
in the UK. The period at the end of the course is considered vacation time.
Family permits and residence cards for EFMs are different to family permits and residence cards for others. The latter confirm the existence of a right; the former grants permission. Unsurprisingly, there seems to be at least one caseworker who sees the former as leave to enter/remain, and therefore treats them as though they were covered by Section 3C. I don't know if the other caseworkers usually follow the same process. So many mistakes are made that it is difficult to be sure of the standard process.