EEA2, Unmarried, anyone got COA with the right to work?

[CoolGirl1984]

Please help me.

We are expecting COA coming this or next week the latest.

I have started worrying that it won't be possible for my fiancé to continue his work with a shorten version of COA.

Has anyone been granted COA with the permission to work as an unmarried non-EEA partner of EEA national??

[Jambo]

On what basis is he allowed to work currently in the UK?

[CoolGirl1984]

On what basis is he allowed to work currently in the UK?

He's holding post study work visa at the moment and it's expiring on 12 Feb 2012. So, it's soon.

His probationary period is due to finish next week and we are just waiting for the COA, but I'm worried he won't be granted the right to work...

[Jambo]

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":

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

[CoolGirl1984]

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":

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.

Does it mean that holding this type of visa makes the difference in producing COA with a permission to work? Or shall I look for some other proof?

[Jambo]

I don't think it will change the CoA which will still not state he is allowed to work. However, his employer could call the employer helpline to confirm his right under section 3C to keep working under the condition of his existing terms until a decision is made.

See more about section 3C here.

[Kitty]

However, his PSW visa should be still valid as he should be protected by "section 3C":

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]

Section 3C does not apply where a person with permission under the Immigration Rules is switching into the EEA route. It covers people who are applying for leave to remain, which is not the same as an application for documentation made under the EEA regs.

It doesn't matter for immediate family members like spouses, because their rights are automatic, but it may be problematic for extended family members (such as unmarried partners) whose relationship has to be examined before they are given status.

If the employer calls the helpline they will in all likelihood be told that he does not have a right to work, or that the right cannot be confirmed.

@CoolGirl1984, when are you and your fiancé getting married?

[Jambo]

So in such case, what would be the status of such a person - an overstayer?

[Kitty]

So in such case, what would be the status of such a person - an overstayer?

Yes, if they don't make any application under the Immigration Rules before the expiry of their current leave.

[Obie]

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.

[CoolGirl1984]

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.

Thank you all for your thoughts.

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??

[zahirsona]

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

[CoolGirl1984]

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.

Thank you all for your thoughts.

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??

UPDATE,

my fiancé has called them today and they have confirmed that he will be able to continue his work.
We still have to wait for COA, which is weird, cause it's been exactly 30 days since we sent the application.

[CoolGirl1984]

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

I would be very happy if they called me for some interview It would be easier to show that we are genuine couple

[CoolGirl1984]

Got COA this morning!!!!
With a permission to continue the employment!!!
That's so great to hear!!

[Obie]

That is a good news. I wish you guys all the best

[CoolGirl1984]

That is a good news. I wish you guys all the best

Thank you so much... This is worth celebrating

[princess45]

That is a good news. I wish you guys all the best

Hi,
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.

[CoolGirl1984]

That is a good news. I wish you guys all the best

Hi,
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.

Hello,

we applied by ourselves, lawyers were too expensive. And my partner applied 1.5 months before his PSW expired and after applying he called their office to confirm his rights. We have read on this forum abt some rules stating that if you have applied for visa before your current expires then you have the right to continue the conditions from your last visa. We were not sure if it applies for European route, but my fiance called them and they confirmed he can.
Later on we received quite long COA, where half of the page was the explanation of the right to seek or continue the employment for next 6 months and guidelines for the employer how to verify it. I'm not sure whether you can work without any statement on COA, especially that we all applied an unmarried = extended family members. Maybe you can call them and ask, just without giving your name?

[princess45]

Hello,

we applied by ourselves, lawyers were too expensive. And my partner applied 1.5 months before his PSW expired and after applying he called their office to confirm his rights. We have read on this forum abt some rules stating that if you have applied for visa before your current expires then you have the right to continue the conditions from your last visa. We were not sure if it applies for European route, but my fiance called them and they confirmed he can.
Later on we received quite long COA, where half of the page was the explanation of the right to seek or continue the employment for next 6 months and guidelines for the employer how to verify it. I'm not sure whether you can work without any statement on COA, especially that we all applied an unmarried = extended family members. Maybe you can call them and ask, just without giving your name?[/quote]








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]

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.

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.

It;'s always worth enquiring.

[princess45]

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.

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.

It;'s always worth enquiring.

Thanks I will keep in touch for the updates. I will keep my fingers crossed.

[vinny]

See also Policy on Section 3C leave and EEA applications and interesting case.

[CoolGirl1984]

See also Policy on Section 3C leave and EEA applications and interesting case.

That's quite interesting. It seems we were quite lucky my fiancé got the permission to work

[tearOne]

hi all,

please help me this serious issue suddenly destroyed my VISA

I am currently on Tier 1 VISA due for extension in next 30 days. I totally forgot to maintain funds in a personal account. There is strict requirement for Tier 1 extension to keep funds for 90 days only £800 but I forgot. Funds are maintained but in a business account and that will not be considered.

Now I am thinking I will get refused if I apply for extension due to maintenance funds issue which is very big issue.

What I am thinking to switch to EEA family permit. My GF is polish and we have a son. Can you please help if I can switch while I am in UK in next 30 days because we are not married yet. If yes then what is the right procedure for this? what form I should fill up, can I still be able to work or continue my job?

regards,

Jimi