Urgent Help pls EEA FP

[Doha212]

Hi I need help with proving that my husband is allowed to work in UK. He is working at this moment and has been told after 2 weeks from now he is not able to work anymore as his 6 month visa is expired then. We made a application form (residency stamp/card) 3 weeks ago and called the home office today to find out that our application is deniend due to lack of proof and would receive my document tomorrow with explaination what was missing!! this really to my headach:x Now the agency told my husband that they need a proof of something saying he is allowed to work because the agency is affraid that they get a fine if they employ him with expired visa!!! is a really a shame that he need to miss out work because of this. So any advice with what we can do?? thanks in advance xx

[86ti]

The answer is in the EEA regulations but don't expect them to spell out literally what you are looking for. The rights to work originate from the marriage to an EEA national exercising treaty rights. There is no requirement to apply for a formal document in the UK which therefore effectively transposes Article 25 of Directive 2004/38/EC.

[Doha212]

Thank you so much for your respond 86ti
So basically there isn't anything on paper saying he is allowed to work as a family member of a EU? We got 2 weeks to come to something before they make him stop working at his work.

[Aboudi10]

Hello,

You should have applied asap when he got here.

but to correct this, when you applied for the EEA2 permit, did you get a letter from HO showing they received application, and if you take that letter it should allow the None EU National to work legally until a written decision is received!

So try that, and also appeal permits aslong as its under process to my knowledge !

[Doha212]

Thanks for the advice aboudi10

We should have apply it sooner u right but time goes by so fast and knowing how long the HO will have you pasport for we decided to sort out other enquirement that needs our pasport before sending it of to HO. But if we know it was that much of hassle we would have done it as soon he arrived in UK. We had the idea that everyone knew if u are non EU family member you got the same right as a EU member and so able to work! I guess that shows you need paper to proof this and really is a wast as my husband will be witout work soon. Thanks again for your help guys!

[Aboudi10]

I am a EU National my self, nederlands too.

But from experience of friends i know that they needed only a letter from HO saying their application is under process.

So meaning if you ring the UKBA and ask for this, because of the application they would be able to help call their EU team.

Good Luck!

[Doha212]

@ Aboudi10

Rang them yesterday and they told me that the application is refused due to lack of information I have no i idea what they mean as i've give them everything they ask me! well now am waiting to get the paperwork back and see what the letter say i need to include.

Nogmaals bedank for uw hulp!

[86ti]

So basically there isn't anything on paper saying he is allowed to work as a family member of a EU?

No. I said exactly the opposite. The point is to read and understand the law. It does not mention the right to work as clearly as some people would expect it. Have a look into this correspondence table (PDF) to see how Article 25 is transposed into British law.