Right to work as an unmarried partner on an EU Family Permit

[lb34]

I'm a non-EU national who is the unmarried partner of an EU citizen living/working in the UK. In March, I was successful in my application for an EEA Family Permit, which has given me a 6 month right to reside in the UK. I came to the UK in April, and have not yet applied for the full Residence Card.

I was under the impression that I had the right to work, but when looking on the UKBA website this morning I noticed that in some cases unmarried partners who are in the midst of applying for the EEA2 residence card are not allowed this right (i.e. the COA granted does not allow work).

Can anyone tell me whether you've known of cases in the past when an unmarried partner was/wasn't able to work while waiting for the Residence Card to come through, WHILE already possessing an EU Family Permit? (This last part is important, as it seems just applying for the EEA2 while on a different visa category is insufficient.)

Also, is there any legal framework that speaks to this other than this (which seems to be positive, but does not mention working rights)?
http://www.legislation.gov.uk/uksi/2006 ... ion/7/made

Thanks so much in advance for any help on this.

[Directive/2004/38/EC]

I think UKBA has already evaluated whether you are the family member as part of the EEA Family Permit application. They granted the permit, so the answer is "yes".

I would call up the Employer Checking Service and see what they say. https://www.whatdotheyknow.com/request/ ... ing-400868 they imply that they take calls from employees. Be patient with them, and ask them whether you can work. Ask for a supervisor if you have any problems. Ask for names and write them down.

Legally I think you can work. They hard part is proving it to an employer

[Obie]

By virtue of your valid EEA family permit, you are treated as family member within the meaning of Regulation 7(3) OF THE eea REGULATION 2006. The effect of this is that you have an automatic right to employment.

If you make your Residence Card Application before the expiry of your family permit, you will be entitled to be treated under regulation 17(1) of the EEA regulation 2006. When you make such an application, you will be entitled to a Certificate of Application under Regulation 17(3) of the EEA regulation 2006, confirming your right to employment.

[Directive/2004/38/EC]

By virtue of your valid EEA family permit, you are treated as family member within the meaning of Regulation 7(3) OF THE eea REGULATION 2006. The effect of this is that you have an automatic right to employment.

If you make your Residence Card Application before the expiry of your family permit, you will be entitled to be treated under regulation 17(1) of the EEA regulation 2006. When you make such an application, you will be entitled to a Certificate of Application under Regulation 17(3) of the EEA regulation 2006, confirming your right to employment.

This all works well in practice?

Do they need to say any special incantation in their cover letter for the RC application?

[lb34]

Thanks for the replies so far! Seems like I'm safe, but I'll post a reply once I get a response from the HR of my potential employer.

To follow up on the most recent question regarding 'incantation' necessary in the cover letter, yes, I'd be curious to know if anything new or special is need for that cover letter beyond what I did for the Family Permit. My situation is exactly the same (and I've been living with my partner for a few extra months now, which I only imagine can be viewed as a positive).

[httdong]

If your FP allows you to work, then you have the right to work until you are instructed otherwise
When you apply for RC, they issue you a COA and it will tell whether you are allowed to work while waiting for the result. This is the tricky part.
Some people say your rights under previous visa/leave remain will still apply while you are waiting for a new one but many have experienced that when they switch visa category the COA does not state you have the right to work. This can be a mistake from UKBA caseworker but they can as well argue that unmarried partner does not automatically have that right therefore they need to verify the document before they confirm that rights.

[sammi1111]

hi i liked n nfelt useful this form sum1 can help me plz?

eea2 sent 1 november 2012
coa recieved with no right of work on 12 december 2012
rc:still waiting nearly 8 months . .called many times ho but they answer its under process...

i provided them everything for my wife eu national lithuanian .as she had to travel after every 3 months for week back to her country so my solicitor said its not problem n they certified copies of my wife's passport n id card sent to ho with application.my solicitor said if they need her passport in original they will ask thereself .but im worry they might reject bcoz v dint send original passport of her?? kindly help me out for this

8 months now still waiting .please anybody advice me?

[Directive/2004/38/EC]

I can not understand what you are writing. But if you have been waiting for 8 months for a Residence Card, then that is wrong. They can take at most 6 months.

[sammi1111]

MY QUESTION WAS SIMPLE ..
as i seen on forums that ukba dont accept certified copies of passport of eu national but in my case my solicitor certified copies of my eu partnet n sent it to home office with my eea2 application..
so my question is that will ukba reject my application or they will ask for original passport for my eu partnet if they need ?

[sammi1111]

ALSO PLEASE GUIDE ME ABOUT DELAYING IN PROGRESS NEARLY 8 MONTHS COMPLETED N STILL THEY BEEN SAYING THAT ITS UNDER PROGRESS WHENEVER I CALL THEM..WHAT I SHOULD DO ? FINGER CROSSED

[EUsmileWEallsmile]

Your question appears simple enough.

UKBA want to see original EU passport for EEA2 application. They will most likely reject ones that don't.

Delays of over 6 months are not allowed.

[sammi1111]

but my solicitor told me that time that if certified copies send with strong reason like my eu partnet has to travel after every 2 or 3 months for few days back to her country so thats why my solicitor did'nt sent her original passport and said me that if ukba want to see her original passport then they will write for further information?is this true or ukba wont ask for original passport? kindly help me

[sammi1111]

i spoken to my solicitor as well about this but he said me that i do not need to worry about this as they fully tested and certified copies of my eu passport n id card and if ukba need original ones then they will write to my solicitor and they cannot refuse like this .i sent my own non eu passport n tested copies for my eu national passport n id card