Eligibility to work in UK whie BR5 form is being processed

Hello,

I'm a Macedonian national and my husband and is a Bulgarian. I'm currently in UK, holding a EEA Family permit visa for 6 months, which expires on 1 May 2012.
We are now planning to apply for resident card using the BR5 application form (since my husband is Bulgarian). My question is will I be eligible to work in UK while my application is being processed by the UKBA (it will take 6months in which period my current visa will expire), and will I receive certificate of application after I submit the application in which will state that I have a right to work in UK (because as I read earlier on forums this certificate comes along with EEA2, and I'm not sure whether it's the same with BR5 form).

I called 3 times UKBA, and received 3 different answers (yes,maybe,no) from 3 different operators, so I'm really confused and I got a job offer but my employer looks for some proof of my right to work here in the period after my current visa expires.

Many Thanks

aanniittaa wrote:Hello,

I'm a Macedonian national and my husband and is a Bulgarian. I'm currently in UK, holding a EEA Family permit visa for 6 months, which expires on 1 May 2012.
We are now planning to apply for resident card using the BR5 application form (since my husband is Bulgarian). My question is will I be eligible to work in UK while my application is being processed by the UKBA (it will take 6months in which period my current visa will expire), and will I receive certificate of application after I submit the application in which will state that I have a right to work in UK (because as I read earlier on forums this certificate comes along with EEA2, and I'm not sure whether it's the same with BR5 form).

I called 3 times UKBA, and received 3 different answers (yes,maybe,no) from 3 different operators, so I'm really confused and I got a job offer but my employer looks for some proof of my right to work here in the period after my current visa expires.

Many Thanks

Hello!

I have got the same situation as you. I am non-eea family member of a bulgarian. I applied for RC (BR5)in November and still wait it...Home Office does not allow us to work while waiting their decision, they did not send any certificates of application. I know this from my and my friend's experience.

Best regards

You should be able to work so long as the Bulgarian national is exercising treaty rights. The fact that an EEA family permit was issued, is an indication that such is the case. You should write a stroingly worded letter demanding a COA be issued immediately, and state that legal action will be taken if they fail to comply.

Obie wrote:You should be able to work so long as the Bulgarian national is exercising treaty rights. The fact that an EEA family permit was issued, is an indication that such is the case. You should write a stroingly worded letter demanding a COA be issued immediately, and state that legal action will be taken if they fail to comply.

Thank you very much for this information.
It was logical to me that my current status will automatically be extended until a determination is made on my application, but obviously UKBA's operators different opinions just made a mess in my head.

Hi aanniittaa,

Obie is right!

While I don´t know what "BR5" means, your right to work is independent of any paperwork. It´s guaranteed through 2004/38/EC. The simple fact that you´re married to an EEA citizen (Bulgarian) who exercises his treaty rights gives you an automatic right to live and work in the UK with him.

If you have a job already you can just continue to work, since no-one will ever notice? However, if you´re planning to find a new job this might be harder, as you will have to prove somehow that you´re allowed to work. In this case ask them for the confirmation as per Obie´s advice.

Rgds and good luck, Christian