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EEA2 No right to work

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

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zahori1311
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EEA2 No right to work

Post by zahori1311 » Tue Oct 28, 2014 7:17 pm

Hi everybody!

My name is Lydia. I am Spanish and my partner is Argentinian. He got into UK with a EEA Family Permit (now expired) and he has received the COA that says they can't confirm his right to work (cause we are not married). I would like to know if he could be a self-employed or even an employee, though the point is he doesn't have his passport, as you know.
.

Also, we have moved, so we have to tell the HO our new address. But ,what would be better, send an e-mail or a letter to the same address we sent the EEA2 application?
Thanks a lot!

Jambo
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Re: EEA2 No right to work

Post by Jambo » Tue Oct 28, 2014 8:56 pm

Because he had an EEA Family Permit as unmarried, the CoA should have allowed him to work (as the HO has recognised your relationship). Did you apply for RC before the expiry of the Family Permit? When did you get the CoA? I would write back to them and ask for a long CoA which allow to work.
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Obie
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Re: EEA2 No right to work

Post by Obie » Tue Oct 28, 2014 9:37 pm

Regulation 7(3) can only apply to the Op's Partner, if at the time of application for confirmation, the family permit is extant. On reading of if, that is what is suggested.

Although following , Ewulo , you may have a point.

Notwithstanding the wording of regulation 7(3), i will have difficulty in saying your views are incorrect in the light of Ewulo.

OP will indeed have a case for requesting a proper COA, which confer a right to employment.
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kamarao
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Joined: Mon Nov 03, 2014 12:42 am

Re: EEA2 No right to work

Post by kamarao » Mon Nov 03, 2014 12:54 am

Hello guys,
Quick question: I applied two weeks ago(eea2) and the only thing I received from HR was a letter stating that they would forward my application to the casework unit. Is that letter the famous COA? Because there was no mention to my right to work. If not, how long does it usually take for them to send it to me?

Another question, just after applying I received a job offer. Should I send a letter to HR mentioned that offer or it's pointless?

Thanks in advance :-)

Jambo
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Joined: Fri Oct 02, 2009 10:31 am

Re: EEA2 No right to work

Post by Jambo » Mon Nov 03, 2014 5:40 pm

This letter is just confirmation of the payment taken. The actual CoA should follow in a few weeks after they examine your documents.

Your work doesn't interest the HO. It's the EEA national activities that matter.
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zahori1311
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Re: EEA2 No right to work

Post by zahori1311 » Tue Nov 04, 2014 4:31 pm

Thanks for your answers;

Family Permit is expired right now, as I said.
The COA says:
We will not revisit the terms of your Certificate of Application during the consideration of your case.
We are unable to confirm eligibility to take or continue employment in the UK where the applicant is the unmarried partner of an EU citizen who is exercising European free movement rights in the UK. In these circumstances there is no automatic right or entitlement to live in the UK with the EU citizen. .... This means that until we have determined that you qualify as an unmarried partner by issuing a Residence Document, you are not able to work on the basis of your relationship to your EU citizen sponsor......


It also say:
Any right to work in the meanwhile will depend on your having some alternative basis of stay in the UK which does not prohibit access to employment or self employment

I don't understand this last sentence. Could he be a self employed or not? What do they mean with "alternative basis of stay? another kind of visa?
Thanks again!

sheraz7
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Re: EEA2 No right to work

Post by sheraz7 » Tue Nov 04, 2014 4:53 pm

These are the generic wording typed in your COA. For your information the meaning of 'alternative basis of stay' that you must have some different type of visa/leave which allow you to work. But you must write back to them by pinpointing the fact that you were already be issued with EEA family permit conferring you the right of work on similar basis.
Please donot send PM. Write in open forum to facilitate others too.
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