Clarification on COA w/o right to work for unmarried partner

[embassyinternational]

Hi all,

I've been reading through all the threads I can find on the technicalities on getting a COA without right to work as an unmarried partner. I wanted to make sure I've interpreted these properly and don't somehow jeopardise my standing while my application is being processed.

I'm a Canadian with a German unmarried partner, currently waiting on a decision for a Residency Card. I arrived on an EEA Family Permit which expires in December. I started the RC application last month and should get the COA decision soon I think.

I'm assuming that because I am an unmarried partner I am unlikely to get a COA with a right to work confirmed. This is based on what I've read around here even though this FOI response seems to suggest that unmarried partners with a family permit SHOULD in fact get a right to work.

Right now I am working as a research associate in what is basically a consultancy role. My employer doesn't require that I be in the UK to work and have never asked for any proof of right to work here. So, what I want to confirm is:

1. Assuming I get a COA without right to work, this does not invalidate my right to work under my Family Permit, which is valid until mid-December, correct?

2. The second point, on which I'm less sure, if my employer has no view on my right to work in the UK (i.e. they won't terminate my contract if I have no confirmation of right to work), can I continue working here as a consultant after my Family Permit expires, even though my COA does not confirm my right to work? Info I'm finding here seems a bit contradictory on this point. It's important for me because I will likely be coming in and out of the UK in that period and don't want to be refused entry into the country at some point. From what I can understand, I should be able to continue working because I retain the status established under my Family Permit until a decision is reached on my RC. However, I want to make sure I'm not misinterpreting that point.


Thanks to anyone who can help me confirm (or correct) my assumptions here!

[vinny]

See also Regulation 7(3).

[Obie]

Well I believe reading the legislation, especially 7 (3) that vinny helpfully cited, it is valid EEA permit that the legislation envisages .

But you applied several months after your family permit expired, for reasons which are illogical and only known to you.

In those circumstances, not sure you can expect a family permit confirming a right to employment

[vinny]

Obie, the EEA family permit has not expired!

I arrived on an EEA Family Permit which expires in December. I started the RC application last month and should get the COA decision soon I think.
...
1. Assuming I get a COA without right to work, this does not invalidate my right to work under my Family Permit, which is valid until mid-December, correct?

[Obie]

This Vinny. You are always most helpful.

Not sure how I allowed my brain to play tricks with me.

Thought OP said her permit expired in December as opposed to " expires in December"

Yes in light of the above, a full COA will be issued.

[embassyinternational]

Thank you both for the replies. Yes, my FP is good until mid-December 2015.

I had assumed from reading the other posts around here that it was extremely unlikely for an EFM application to get a COA with right to work, though it seems very clear from the policy directives that being granted an FP along with submitting the right ID and treaty rights evidence ought to entitle me to one.

I guess I will find out in the next few days (hopefully!) and report back on the results!