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Concerns about my EEA2 application

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

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hummingbird
Newly Registered
Posts: 1
Joined: Mon Jun 20, 2011 8:02 am

Concerns about my EEA2 application

Post by hummingbird » Mon Jun 20, 2011 8:13 am

Hi everyone

I am a non EEA national spouse of a EEA (Finnish) national. We have been living and working in Ireland for the past 3 years where I have been issued with an Irish residence card for 5 years.

My husband and I moved to the UK last October as my husband received a job offer in London. I have been issued a temporary family permit to enter and work in the UK that had expired by mid March 2011.

During that time I have applied to and received a National Insurance number.

In good faith, I have mistaken to believe that since I now hold a NI number, I was allowed to seek employment in the UK and apply for a Residence Card in my own free time... Getting a job was on my priorities naturally, so I have decided to wait with the application until after I found a job.

Not long ago I have been offered a job and was asked to produce a residence card. As I was eager to start work as soon as possible, I quickly applied for a residence card (On June 2nd). I have been waiting to hear from Home Office ever since.

Obviously I'm quite anxious to receive a COA so I can prove my future employers that I am legible to work in the UK.

So, my questions are:

1) Will the time that I have stayed in the UK without applying for a residence card affect my chances of getting one?

2) Is there any way of receiving some sort of approval/proof of my eligibility to work in the UK before my COA arrives? (I have read in other forums that it might take up to a month of waiting.. In that case, I will likely to lose my job offer)


I'll be so grateful if someone could answer my questions. The whole process is very confusing for me...

Cheers!

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Mon Jun 20, 2011 8:54 am

1) No. You are not required to apply for an RC.
2) Yes. Article 25.1 of Directive clarifies that the right to work a spouse to work is not dependent on residence documentation. The correspondence table argues that sections 14(1) and 15(1) of the EEA regulations (basically the UK's implementation of the Directive) implements that provision from the Directive. Practically speaking, you will have to argue your case with your employer but as laws against illegal work are tough and employers tend to avoid such trouble this may be difficult.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Mon Jun 20, 2011 1:17 pm

You might suggest to your employer to call UKBA to verify your entitlement. I remember there used to be a phone number on the CoA for employers to use in such cases but I don't have that in front of me. Maybe someone who received a CoA recently can help here.
Alternatively, use the phone number from here

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Jun 20, 2011 7:33 pm

You can request priority treatment for your Residence Card application if you have an outstanding job offer. You should write a letter explicitly requesting it, and including the job offer letter. See UKBA's chapter 10 (marked up version) or original

daddy
Member of Standing
Posts: 266
Joined: Fri Dec 25, 2009 12:08 am

Re: Concerns about my EEA2 application

Post by daddy » Tue Jun 21, 2011 10:51 pm

hummingbird wrote:Hi everyone

I am a non EEA national spouse of a EEA (Finnish) national. We have been living and working in Ireland for the past 3 years where I have been issued with an Irish residence card for 5 years.

My husband and I moved to the UK last October as my husband received a job offer in London. I have been issued a temporary family permit to enter and work in the UK that had expired by mid March 2011.

During that time I have applied to and received a National Insurance number.

In good faith, I have mistaken to believe that since I now hold a NI number, I was allowed to seek employment in the UK and apply for a Residence Card in my own free time... Getting a job was on my priorities naturally, so I have decided to wait with the application until after I found a job.

Not long ago I have been offered a job and was asked to produce a residence card. As I was eager to start work as soon as possible, I quickly applied for a residence card (On June 2nd). I have been waiting to hear from Home Office ever since.

Obviously I'm quite anxious to receive a COA so I can prove my future employers that I am legible to work in the UK.

So, my questions are:

1) Will the time that I have stayed in the UK without applying for a residence card affect my chances of getting one?

2) Is there any way of receiving some sort of approval/proof of my eligibility to work in the UK before my COA arrives? (I have read in other forums that it might take up to a month of waiting.. In that case, I will likely to lose my job offer)


I'll be so grateful if someone could answer my questions. The whole process is very confusing for me...

Cheers!
Hi, pls could you tell me what documents you submited to british consolate here in Ireland for your UK family permit, pls help.
Thanks,
Daddy

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