Can a non-EU spouse work in the UK without RC?

Dear all,

I would like to ask for some advice relating to my EEA2 application and what it entails. I have tried my best to research the necessary information (and calling the HO for information has not resolved anything), however there are still some dark areas where I lack knowledge in. I appreciate all your help in advance.

I am a non EU person (Singaporean), living in London for the last 5 years – 2 years on a Tier 4 visa and more recently 3 years on a Tier 2 (so I don't qualify for ILR). I am also married to a EEA (Swiss) national who has been living and working full time in London for the last 2 years. My current Tier 2 leave is coming to an end in November and I'm planning to apply for an EEA2, allowing me to work for more than one employer.

I have read that applying for a residence card is optional, however my question lies with my ability to work.

I plan to apply for EEA2 later this month but as my Tier 2 leave expires in November (and with fluctuating processing times in mind) there will be some time where I wouldn't have a Tier 2 or a RC. During this period, I know that I am allowed to live in the UK but am I allowed to work here based on the fact that I'm a spouse of a EEA national exercising treaty rights in the UK?

Thank you all so much for your help.

Theoretically you are allowed to work but practically no one will give you a job without the residence card. So you should apply for it.

Thank you for your reply. My current employer (which has sponsored me on the Tier 2) is willing to keep me on within the company on a freelance basis during this period if it is legal. Am I allowed to do so then? Thank you

As people have said, you are allowed to work here legally, but as you don't have any paperwork to prove it, it is difficult for potential employers to employ you.

However you might try to persuade your current employer that you have the right to work here. Do some research on EU/UK legislation and send it to your HR. For example I find this link helpful

http://ec.europa.eu/social/main.jsp?catId=463

I am able to continue working with my company when my family permit expired and I have not been able to apply for the residence card yet. Good luck!

Thank you so much for your reply – that is very helpful information. Did you have to submit any documents to your HR such as a marriage certificate or similar?