Immigrationboards.com

Posted: **Tue Feb 05, 2013 11:46 pm**

Hi
I would like to get society opinion on legality and formal requirements for Employer Check procedure for Residency Card Holder.
Please if you comment refer to particular LAW UK or EU.
I do know that by UK law employer has responsibility to check if applicant have rights to work in UK and subject to regular 12 month check.(found on employer guide here http://www.ukba.homeoffice.gov.uk/sitec ... alworking/
However I am not fully sure that NON-EEA family member are subject to those regular checks.
Also what legally employer can request as supporting evidence for RC holder.
For example :
Marriage certificate
Spouse ID or passport

Posted: **Wed Feb 06, 2013 6:21 am**

They are subject to those checks. The RC alone (with the employee passport) is enough.

Posted: **Wed Feb 06, 2013 7:30 am**

If you actually read the documentation for employers, following the link you provided, you will find on List A (Documents which show an ongoing right to work):

4. A permanent residence card issued by the Home Office, the Border and Immigration Agency or the UK Border Agency to the family member of a national of a European Economic Area country or Switzerland.

and on List B (Documents which show a right to work for up to 12 months):

4. A Certificate of Application issued by the Home Office, the Border and Immigration Agency or the UK Border Agency to or for a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which is less than 6 months old when produced in combination with a positive confirmation letter from our Employer Checking Service.
5. A residence card or document issued by the Home Office, the Border and Immigration Agency or the UK Border Agency to a family member of a national of a European Economic Area country or Switzerland.

If you have any of these documents, that should be enough for the employer. They do not need to check more, and if I were employer I would also not want to check more. An employer is normally not in a position to verify if your EEA family member is still exercising treaty rights, when you show him an RC that was issued, for example, three years ago.