EEA EFM residence card - unmarried partner

Hi all,

My partner and I gave our notice for marriage which has been approved in 28 days and didnt get extended and we have also been able to bring the date forward to this week.

Once we are married am I correct in believing that I will gain the right to work automatically but I will need to apply for pre-settled status to retain my rights? Just want to know what the best course of action is once we are married. My tier 5 visa is valid until the end of the month though I think its possible it will get extended again based on Covid 19.

I will gain the right to work automatically

In theory yes, but not in practice. Because you will have a hard time convincing an employer of your right to work if you don't have any document issued by the Home Office. Employers risk big by employing someone who doesn't have the right to work. Often you will seem them pushing the boundaries beyond the mere legal requirements.

https://assets.publishing.service.gov.u ... 5.0ext.pdf
from page 5
From 29 March 2019, applicants can be either a family member or an extended
family member of a British citizen, this is in light of the Banger judgment and
subsequent changes to the 2016 regulations.
If the conditions are met, a family member or an extended family member of a British
citizen will be treated as if they are the family member of a European Economic Area
(EEA) national under the 2016 regulations.

Does this mean that EFM now becomes FM and should use the EEA(FM) form?

357mag wrote: ↑

Sun Aug 16, 2020 1:08 pm

https://assets.publishing.service.gov.u ... 5.0ext.pdf
from page 5
From 29 March 2019, applicants can be either a family member or an extended
family member of a British citizen, this is in light of the Banger judgment and
subsequent changes to the 2016 regulations.
If the conditions are met, a family member or an extended family member of a British
citizen will be treated as if they are the family member of a European Economic Area
(EEA) national under the 2016 regulations.

Does this mean that EFM now becomes FM and should use the EEA(FM) form?

I don't think the EFM will become FM. Both categories stand. It's just for a British citizen to use EEA regulations. Normally, British citizens cannot invoke EEA regulations in the UK. They are not seen as EU citizens but British and must use UK laws. But there are exceptions to that such as Surinder Singh and other. But these exceptions don't turn an extended family member into a close family member.

Hi All,

I already am working in the UK on a tier 5 visa which doesn't expire until the 28th of this month. Am I legally able to continue to work past this point now that I am married to an EU citizen who is also working and is a qualified person. Assuming I just need to apply for pre-settled status now, and eventually I will get a COA with work?

BlueDk wrote: ↑

Sun Aug 16, 2020 5:42 pm

Hi All,

I already am working in the UK on a tier 5 visa which doesn't expire until the 28th of this month. Am I legally able to continue to work past this point now that I am married to an EU citizen who is also working and is a qualified person. Assuming I just need to apply for pre-settled status now, and eventually I will get a COA with work?

In theory yes but you will have difficulties convincing your employer. What are you waiting for? Go forward with your application asap please.

Hi, my employer wants me to keep working. Do you think I could just show them the EU Free movement directive? Which correct me if I am wrong but I am allowed to live/work in the UK for 3 months in which time I also need to apply for a residence card or pre-settled status.

I have started a pre-settled status application online but just need to wait until next Sunday where I will have my marriage certificate to attach.

Each employer is different to be honest.

I can tell you that my own employer won't let someone work with an EEA passport alone! I mean you show them a French or a German passport and HR would respond that it's not enough to prove right to work in the UK. They want to see an EU Settlement Scheme (At least an application).

A friend of mine, work for a large employer and their HR don't even care about the EU Settlement Scheme. They are still accepting non-EEA with just EEA cards that are going to be invalid on Dec 31st.

Hi All,

Not sure if its worth me starting a new topic as this has really evolved over the last few months but just looking for some more guidance if possible.

I am now the married to an EU who has pre-settled status. Currently I am in the UK living/working on a tier 5 youth mobility visa which expires on the 28/08/2020. I applied for the settlement scheme today and now need to provide my biometrics (appointments however are not available).

Just wondering if anyone could confirm the following:

1. Can I continue to work/reside in the UK while my settlement scheme application is processed. I think I should be covered now under either Section 3C of the immigration act as I am now going from UK visa (tier 5) to UK visa (settlement scheme) or I think I am also covered under the EU freedom of movement directive. The only piece I am concerned about is that I think these rights dont automatically kick in until the biometrics have been submitted.

2. Do you know if my employer would be able to use the employee checker service on the UK gov website or will this not work until I have completed my biometrics.

3. My Wife and I were planning to go to Italy next week for a holiday/mini honeymoon. Not that concerned about getting back into the country as I am a NZ citizen and we can enter the UK via the E-gates/tourist visa and I guess I can also just enter now as a close family member of a EU. Just wondering if this would remove any of my rights (assuming I would lose rights under section 3C)?

Sorry to go back over old questions again but would be a big help since my situation has now changed.