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Working Hours Information For Non-Eu Spouse on Tier 4 Visa

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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reachingskyline
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Posts: 4
Joined: Tue May 10, 2016 5:23 pm

Working Hours Information For Non-Eu Spouse on Tier 4 Visa

Post by reachingskyline » Tue May 10, 2016 5:46 pm

I (Non-Eu Spouse) is currently studying full time PhD on tier 4 visa and my wife Eu national is a full time Eu Student aswell. Recently i have applied for Eu Residence card, i was wondering if i can work more than 20 hours without breaching my tier 4 visa conditions while waiting for the EEA residence card application, i read on the forum previously that non-EU spouse gets the same rights as the EU national after getting married and RC is just for confirmation of rights, also i haven't received any COA yet. Any help/clarification would be appreciated, thank you.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Working Hours Information For Non-Eu Spouse on Tier 4 Vi

Post by secret.simon » Tue May 10, 2016 6:03 pm

reachingskyline wrote:i read on the forum previously that non-EU spouse gets the same rights as the EU national after getting married
Correct, at least as regards right to work.

You are free to work for as many hours as you like as your right to work is derived from your marriage to an EEA citizen.

Your PR clock will have started when you got married to the EEA citizen and joined her in the UK. Your Residence Card is only confirmatory, as you have correctly stated.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Working Hours Information For Non-Eu Spouse on Tier 4 Vi

Post by noajthan » Tue May 10, 2016 6:53 pm

reachingskyline wrote:I (Non-Eu Spouse) is currently studying full time PhD on tier 4 visa and my wife Eu national is a full time Eu Student aswell. Recently i have applied for Eu Residence card, i was wondering if i can work more than 20 hours without breaching my tier 4 visa conditions while waiting for the EEA residence card application, i read on the forum previously that non-EU spouse gets the same rights as the EU national after getting married and RC is just for confirmation of rights, also i haven't received any COA yet. Any help/clarification would be appreciated, thank you.
If you do work over 20 hours you might technically be breaching your Tier 4 visa (if it remains valid and you have done nothing to revoke it) but you are entitled to work due to the EU rights you can now enjoy via your spouse/sponsor.

Ofcourse you will need to find an employer who will take you on without sight of a COA/RC.

:idea: Suggest you advise your university of your immigration status change to make sure they are aware and cool with it.

:idea: Pro tip: Make sure you both have CSI in place.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

reachingskyline
Newly Registered
Posts: 4
Joined: Tue May 10, 2016 5:23 pm

Re: Working Hours Information For Non-Eu Spouse on Tier 4 Vi

Post by reachingskyline » Wed May 11, 2016 5:04 pm

noajthan wrote:
reachingskyline wrote:I (Non-Eu Spouse) is currently studying full time PhD on tier 4 visa and my wife Eu national is a full time Eu Student aswell. Recently i have applied for Eu Residence card, i was wondering if i can work more than 20 hours without breaching my tier 4 visa conditions while waiting for the EEA residence card application, i read on the forum previously that non-EU spouse gets the same rights as the EU national after getting married and RC is just for confirmation of rights, also i haven't received any COA yet. Any help/clarification would be appreciated, thank you.
If you do work over 20 hours you might technically be breaching your Tier 4 visa (if it remains valid and you have done nothing to revoke it) but you are entitled to work due to the EU rights you can now enjoy via your spouse/sponsor.

Ofcourse you will need to find an employer who will take you on without sight of a COA/RC.

:idea: Suggest you advise your university of your immigration status change to make sure they are aware and cool with it.

:idea: Pro tip: Make sure you both have CSI in place.
Thank you for your reply, but i am bit confused right now, so i might be breaching my tier 4 conditions and it can it effect my immigration status in future? Since i submitted my residence card application last week, so technically it will revoke my tier 4 visa. Also I couldn't find any relevant directives regarding the issue of Eu spouse rights if they are already living in EU on different visa category. :?:

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