EEA residance card expired and employer want to suspend me

[Wentzel Fourie]

Hi

My "residance card of a EEA Family member" has expired 2 weeks ago. I only relized this last week but can not reapply for the EEA2 untill the end of March as my wife needs her passport for a business trip the last week of March. My emplyer in the mean time has asked me to provide proof that I am allowed to work as my visa has expired or they will have to suspend me from work. My question is the following:

1.Can my employer suspend me and is there any documents I can provide them untill I luanch my EEA2 application?
2. Can I send a Certified copy of my wife's passprort in with the application?( This will meen I can apply as soon as possible and dont need to wait till her business trip)

Please any help will be very helpfull

[nidaulhaque]

You can apply and u will get Coa to prove, you need to send origional wife's passport otherwise its more likely it will be refused, but u can request back your wife's passport after apply

[Wentzel Fourie]

You can apply and u will get Coa to prove, you need to send origional wife's passport otherwise its more likely it will be refused, but u can request back your wife's passport after apply

Thanks for replying.

Any idea how long it can take for the HO to send her passport back? I have read some stories that people has asked for there passports back and it has taken a long time to get it back ( my partners job Require her to travel on short notice so she can not be with out her passport for longer than a week)

[nidaulhaque]

You can apply and u will get Coa to prove, you need to send origional wife's passport otherwise its more likely it will be refused, but u can request back your wife's passport after apply

Thanks for replying.

Any idea how long it can take for the HO to send her passport back? I have read some stories that people has asked for there passports back and it has taken a long time to get it back ( my partners job Require her to travel on short notice so she can not be with out her passport for longer than a week)

well yes thats true, every case is different, so no one able to tell you how fast you will get your passport back, best to ask your passport back after you apply , like after few days, good luck

[Wentzel Fourie]

Does any one have any advise if my employer can suspend me from work untill I can provide Coa?

[fysicus]

It's a tricky situation: if your employer does indeed suspend you, the only way to fight it might be in court and the outcome will then be uncertain.

For example, it could be argued that you could have prevented this situation by applying for a new Residence Card (or a Permanent Residence Card; EEA4) earlier.

[icexxik]

Hi

My "residance card of a EEA Family member" has expired 2 weeks ago. I only relized this last week but can not reapply for the EEA2 untill the end of March as my wife needs her passport for a business trip the last week of March. My emplyer in the mean time has asked me to provide proof that I am allowed to work as my visa has expired or they will have to suspend me from work. My question is the following:

1.Can my employer suspend me and is there any documents I can provide them untill I luanch my EEA2 application?
2. Can I send a Certified copy of my wife's passprort in with the application?( This will meen I can apply as soon as possible and dont need to wait till her business trip)

Please any help will be very helpfull

1. You must apply with Liverpool and get your CoA to avoid suspension. Although techincally you are not required to have a valid EEA Residence Card in your passport, and your residence card, techincally does not "expire", but rather is due for renewal (Renewal date), employer can suspend you our of fear of violation of UK immigration regulations.

2. You need to send either your wife's passport or identity card. Those must be originals. After they receive your application, you may send a request for priority treatment. I am sure that your urgent work situation will count. UKBA will not accept certified copies. If you have been exercising your rights for 5 years, you may apply under EEA3 for permanent residence.

[icexxik]

You can apply and u will get Coa to prove, you need to send origional wife's passport otherwise its more likely it will be refused, but u can request back your wife's passport after apply

Thanks for replying.

Any idea how long it can take for the HO to send her passport back? I have read some stories that people has asked for there passports back and it has taken a long time to get it back ( my partners job Require her to travel on short notice so she can not be with out her passport for longer than a week)

Does she also have an identity card? Most EU countries issue both. You can submit either of the documents, and your wife can travel on the other document.

[EUsmileWEallsmile]

Hi

My "residance card of a EEA Family member" has expired 2 weeks ago. I only relized this last week but can not reapply for the EEA2 untill the end of March as my wife needs her passport for a business trip the last week of March. My emplyer in the mean time has asked me to provide proof that I am allowed to work as my visa has expired or they will have to suspend me from work. My question is the following:

1.Can my employer suspend me and is there any documents I can provide them untill I luanch my EEA2 application?
2. Can I send a Certified copy of my wife's passprort in with the application?( This will meen I can apply as soon as possible and dont need to wait till her business trip)

Please any help will be very helpfull

If you are the family member of an EU national living in accordance with the immigration regulations (EEA), then you can work. The directive explicitly gives you the right to do so.

[Wentzel Fourie]

Thanks to all for your comments. I have supplied my employer proof that me and my partner is living together so they will be in touch with HO for further investigation.

I am also sending my EEA2 application to the HO tomorrow with all original documents with special delivery in the hope that they will return my wife's passport back in time for her trip.

Thumbs up and I will update the forum with any further news.

[EUsmileWEallsmile]

Have you lived in the UK for five years? If so, you may qualify for permanent residence.

[EUsmileWEallsmile]

Thanks to all for your comments. I have supplied my employer proof that me and my partner is living together so they will be in touch with HO for further investigation.

Note the following

http://www.freemovement.org.uk/2011/12/ ... dismissal/

[sheraz7]

Thanks to all for your comments. I have supplied my employer proof that me and my partner is living together so they will be in touch with HO for further investigation.

I am also sending my EEA2 application to the HO tomorrow with all original documents with special delivery in the hope that they will return my wife's passport back in time for her trip.

Thumbs up and I will update the forum with any further news.

Along with application also try to attach a covering letter requesting back your EEA partner's passport. It might make the passport return more faster.