EEA EFM COA without right to work

[aryion146]

Hello everyone,
I have just applied for my EEA EFM with my Spanish partner. Everything should go through as we've been living together for 2.5 years, and he's in a full-time job with pre-settled status. I am currently on a tier 4 visa and just finished my studies.

My question is about working. I am currently working my 20 hours at a company that plans to hire me full time when the application finishes. I am just now seeing a lot of people get COA without the right to work. My questions are as follows:

1. If I am still on my student visa, I should be allowed to work as the application goes on, right? Basically I am asking if I get the COA without right to work does that trump my right to work on my teir 4 visa?

2. Is the COA without right to work only until the application gets approved? Or does that restriction continue once I get my residence card? It would be a real problem if that is the case.

3. Is it more likely for me to get the COA with or without the right to work? My partner is exercising treaty rights, and has pre-settled status. I didn't realise that it would be possible that I might not be able to work, so it is causing me a lot of stress finding this out.

Thank you so much for your help.

[kamoe]

1. If I am still on my student visa, I should be allowed to work as the application goes on, right?

If your student visa is still valid, very likely yes, however this depends on the type of study you completed. Best to check page 51 of the Tier 4 of the Points-Based System
Policy Guidance here:

In general, for full time postgrad study:

You may work full-time after your course has ended, provided your
conditions of stay permit work during term time and you have leave to stay
in the UK. The period at the end of the course is considered vacation time.

regarding your other questions:

Basically I am asking if I get the COA without right to work does that trump my right to work on my teir 4 visa?

No, since the EEA route and the Tier system coexist independently and are not mutually exclusive. That means you can have a valid TTier 4 visa and a valid EEA residence permit (or a CoA in while the EEA is in progress) without one invalidating the other.

2. Is the COA without right to work only until the application gets approved?

Yes.

Or does that restriction continue once I get my residence card?

That restriction exist only while your application is in progress, that is, until the case worker confirms you can be considered the extended family member of a EU national. Once this is confirmed, i.e. once you card has been issued, that restriction is lifted.

3. Is it more likely for me to get the COA with or without the right to work?

You will get a CoA without the right to work, since you are only an extended family member, and extended family members don't have an automatic right, i.e. thier ties to the EU national need to be assessed and confirmed.

If you were married, it would be a different story: you would be a direct family member, and you would have an automatic right and you would get a CoA with the right to work from the start.

My partner is exercising treaty rights, and has pre-settled status.

As explained above, what determines if you get a CoA with or without the right to work is whether you are a direct or an extended family member of a EU national exercising treaty rights. Nothing more.

Him exercising treaty rights is one of the conditions that allows you to apply in the first place, so this has nothing to do with weather you get a CoA with or without the right to work. In other words: everyone who has been issued a CoA without the right to work had their family members exercise treaty rights. Your EU family member exercising traty rights It is not any kind of "advantage", it's a requisite.

Him having Pre-Settled status has nothing to do either, the Settlement Scheme is a separate and independent route.

I didn't realise that it would be possible that I might not be able to work, so it is causing me a lot of stress finding this out.

You will get the right to work once your card is issued.

[aryion146]

Thank you very much, you've put my mind at ease.

[amaherchandani]

Hi,I'm on a similar conditions just as you.

Can I ask if you received a confirmation email or biometrics letter within how many days?

Its been 21 days for me and I don't have a single correspondence from them. Just gets me worried now if they have received my application or not.

Did you apply via post or online?

[secret.simon]

If I am still on my student visa, I should be allowed to work as the application goes on, right?

Wrong.

EEA appiications do not extend any pre-existing visas that were issued under the UK Immigration Rules (such as a Tier 4 visa).

If you have not been issued with an EEA EFM Residence Card before the end of the Tier 4 visa, you
a) lose your right to work in the UK, and
b) become an overstayer.

The latter can have a major impact on any future British citizenship application. You may want to consider leaving the UK before your Tier 4 visa expires.

2. Is the COA without right to work only until the application gets approved? Or does that restriction continue once I get my residence card? It would be a real problem if that is the case.

It is till you get the EEA EFM card.

3. Is it more likely for me to get the COA with or without the right to work? My partner is exercising treaty rights, and has pre-settled status. I didn't realise that it would be possible that I might not be able to work, so it is causing me a lot of stress finding this out.

EFMs get COA without the right to work. FMs (spouses, children and dependent parents) geta COA with the right to work. That is standard.

[amaherchandani]

If you get accepted to get a residence card - You will be legal and you will be considered to have the section C.

They do the assessment on the Non- EEA applicant if they have applied on right circumstances.

[CR001]

If you get accepted to get a residence card - You will be legal and you will be considered to have the section C.

They do the assessment on the Non- EEA applicant if they have applied on right circumstances.

Please stop posting incorrect information!!

Section 3C does NOT apply to EEA EFM applications.

You seem to be posting for the sake of posting without understanding the implications. Section 3C protection is relevant only to applications under the UK immigration rule visas.

eea-route-applications/official-section ... 14238.html

[amaherchandani]

I study what the home office guidance says and it clearly says this
"Extended family members of EEA nationals who are qualified persons, or extended
family members of EEA nationals who have a right of permanent residence, do not
have an automatic right of residence. If extended family members wish to have a
right to reside under the regulations beyond an initial 3 months, they must apply for,
and be issued with"

There has no mention about other EEA applications except the Extended Family Member and it also says there is no "automatic rights" but after the person who has been Assessed and GRANTED a EEA Family Permit - they are NOT a overstayer. That is what they mean by "Automatic".

[CR001]

I study what the home office guidance says and it clearly says this
"Extended family members of EEA nationals who are qualified persons, or extended
family members of EEA nationals who have a right of permanent residence, do not
have an automatic right of residence. If extended family members wish to have a
right to reside under the regulations beyond an initial 3 months, they must apply for,
and be issued with"

There has no mention about other EEA applications except the Extended Family Member and it also says there is no "automatic rights" but after the person who has been Assessed and GRANTED a EEA Family Permit - they are NOT a overstayer. That is what they mean by "Automatic".

Not sure what point you are trying to make but my response was specifically to your incorrect advice that the OP will have section 3C protection, which they will not have.

If the OPs tier 4 visa expires and the EEA EFM has not been issued, they will be an overstayer. Their status will only be legal again from the date of the RC IF the RC approved.

[secret.simon]

If you get accepted to get a residence card - You will be legal and you will be considered to have the section C.

There has no mention about other EEA applications except the Extended Family Member and it also says there is no "automatic rights" but after the person who has been Assessed and GRANTED a EEA Family Permit - they are NOT a overstayer.

I think you are getting confused as to what Section 3C is and how it works.

Section 3C applies if
a) you have valid leave under the UK Immigration Rules on the date of application, and
b) you make an application to either extend that leave or apply for a different type of leave under the UK Immigration Rules.

If the two conditions above are met, Section 3C provides that the valid leave that you had on the date of applicatiion continues until such time as your application (and any administrative review) concludes. Therefore, if your application is successful, you will not be an overstayer.

However, as EEA appliactions are not made under the Immigration Act 1971 (of which Section 3C is a part), they do not extend the valid leave.

Therefore, if your leave expires while your EEA FM applicatiion is under consideration, you are an overstayer.

As CR001 has advised above, even if you are granted a EFM Residence Card subsequently, you acquire the right to reside in the UK from that day onwards. But the period of overstay remains on your record.

And that can affect any future application under UK law. So, if you are an overstayer who is subsequently issued with an EFM Residence Card and subsequenttly acquire PR, you cannot apply for British citizenship till ten years after the date of the issue of your EFM Residence Card.

[kamoe]

1. If I am still on my student visa, I should be allowed to work as the application goes on, right?

If your student visa is still valid, very likely yes, however this depends on the type of study you completed. Best to check page 51 of the Tier 4 of the Points-Based System
Policy Guidance here:

In general, for full time postgrad study:

You may work full-time after your course has ended, provided your
conditions of stay permit work during term time and you have leave to stay
in the UK. The period at the end of the course is considered vacation time.

For the sake of double-triple clarify my first answer above, the OP will be able stay and work as long as their Tier 4 visa is still valid, which I hope I made clear (?). If their Tier 4 visa expires before the EEA documentation is issued, then there will be a gap and the OP will not have this right, and what @CR001 and @secret.simon say applies.

[aryion146]

Hello! OP here, I have my BRP now (about 5 months time wait) just wanted to update. I received in November a COA with the right to work, which made me feel comfortable as I waited for my BRP. I don't know why I did but it was great to show my job they didn't need to look for a new applicant. Good luck with you all!

[Richard W]

I received in November a COA with the right to work, which made me feel comfortable as I waited for my BRP. I don't know why I did but it was great to show my job they didn't need to look for a new applicant. Good luck with you all!

Family permits and residence cards for EFMs are different to family permits and residence cards for others. The latter confirm the existence of a right; the former grants permission. Unsurprisingly, there seems to be at least one caseworker who sees the former as leave to enter/remain, and therefore treats them as though they were covered by Section 3C. I don't know if the other caseworkers usually follow the same process. So many mistakes are made that it is difficult to be sure of the standard process.

There does not seem to be a legal judgement on whether EFMs' application for FPs and RCs extend leave. Legal opinions differ - but a lot of solicitors clearly don't understand FoM law. There is a judgement that applications for the recognition of automatic rights under FoM do not.

Keep that CoA; you may yet need it to persuade the Home Office that you were never knowingly an overstayer (or is your Tier 4 visa still valid?).

[aryion146]

I finally got my residence permit before my Tier 4 expired so ultimately the whole system worked out. I am quite lucky.