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He's holding post study work visa at the moment and it's expiring on 12 Feb 2012. So, it's soon.Jambo wrote:On what basis is he allowed to work currently in the UK?
John wrote: He will have so-called Section 3C protection. That is, if the application is made prior to the expiry of the old visa, but the application is still outstanding on its stated expiry date, then the old visa is "treated as continuing", at least until he hears the result of the application
Thank you for that new suggestion. Even our previous lawyer hasn't said anything about it.Jambo wrote:Extended family members (and unmarried couples are considered as such) don't have the right to work until the HO accept him/her as a family member.
The CoA will probably not include authorisation to work in the UK until the RC is issued.
However, his PSW visa should be still valid as he should be protected by "section 3C":
John wrote: He will have so-called Section 3C protection. That is, if the application is made prior to the expiry of the old visa, but the application is still outstanding on its stated expiry date, then the old visa is "treated as continuing", at least until he hears the result of the application
[/quote]Jambo wrote: However, his PSW visa should be still valid as he should be protected by "section 3C":
John wrote: He will have so-called Section 3C protection. That is, if the application is made prior to the expiry of the old visa, but the application is still outstanding on its stated expiry date, then the old visa is "treated as continuing", at least until he hears the result of the application
Thank you all for your thoughts.Obie wrote:I believe the fact that Section 3 right is inapplicable to EEA applicant, especially Extended family members is wrong and can be challenged in the court of law as it put EEA national at a disadvantage in such a way that is contrary to the principles in the treaty.
If this person was an unmarried partner of a British national he/she would have been able to work, however he is precluded from doing so, or loses a right which would have been afforded to him because he is in a relationship with an EEA national.
This does not seem right, especially if he looses his Job because of this.
UPDATE,CoolGirl1984 wrote:Thank you all for your thoughts.Obie wrote:I believe the fact that Section 3 right is inapplicable to EEA applicant, especially Extended family members is wrong and can be challenged in the court of law as it put EEA national at a disadvantage in such a way that is contrary to the principles in the treaty.
If this person was an unmarried partner of a British national he/she would have been able to work, however he is precluded from doing so, or loses a right which would have been afforded to him because he is in a relationship with an EEA national.
This does not seem right, especially if he looses his Job because of this.
I think exactly like Obie, if it would not apply to us, wouldn't that be a discrimination act in some way? Shall my fiancé, after receiving short version of COA, ask his employer to call them and ask if it's all right to keep the employment under Section C then??
I would be very happy if they called me for some interview It would be easier to show that we are genuine couplezahirsona wrote:i was send my application last week i check by royel mail as well they received my application the problem is that i was send my application with my partner orignal passport and after one month latter they send me back my application with all documents they write on letter you must send your and your partner oringal passport i send them back with further documentation as well but any body know about the EEA2 application they call for interview or not anybody know about that please give me advice thanks
Hi,Obie wrote:That is a good news. I wish you guys all the best
Hello,princess45 wrote:Hi,Obie wrote:That is a good news. I wish you guys all the best
I am in a similar situation I applied as an unmarried partner of a french citizen and I was on a PSW visa which expired few days after I applied. But my letter did not confirm my right to work. Is there something I can do about it. My lawyer told me I have the right to work so now I am very confused and frustrated.
We have been living together for 3 years now, but have all the documents for last 1.5 years plus one from over 2.5 years ago. Let's see how it goes. The most important is to be positive.Hi thanks for ur reply. Some sources say that that rule does not apply for the EEA route but i think it is worth calling them.. But I would like to nkow did ur partner and you satisfied the 2years cohabitation.
CoolGirl1984 wrote:We have been living together for 3 years now, but have all the documents for last 1.5 years plus one from over 2.5 years ago. Let's see how it goes. The most important is to be positive.Hi thanks for ur reply. Some sources say that that rule does not apply for the EEA route but i think it is worth calling them.. But I would like to nkow did ur partner and you satisfied the 2years cohabitation.
It;'s always worth enquiring.
That's quite interesting. It seems we were quite lucky my fiancé got the permission to workvinny wrote:See also Policy on Section 3C leave and EEA applications and interesting case.