Employer requesting evidence - pre employment checks

Hello everyone,

I hope some of you may help me once again.

I acquired Permanent Residence Card in May 17 in which I was informed I could apply for british citizenships in November 2017.

I just went through a civil partnership dissolution as the relationship has failed sadly. My ex partner no longer lives in the uk whilst I’m stiil living and working here. I have asked the question in the forums before and I have been told a divorce would not affect my status.

My issue at the moment is that I went through a process to work for the civil services to which I was rejected for being Brazilian, despite the fact I have got permanent rights to reside in the UK.
They eventually accepted to look at it again as o have stated that according to their guidelines, an eea citizen and or a lawful family member can take employement in the civil service.

They have now requested evidence from my passport to my partner’s passport, pays slips, civil partnership certificate and it’s trabslation.... I have even been told my union may not even be valid as it was not firstly done in the UK. Despite the fact that the Home Office has judged it to be sufficient and genuine.

I have just received an email stating the following:

Please can you provide evidence of your partners present work e.g. wage slip, contract P60 etc. Also please can you confirm if you fall into either of the below categories:

If your civil partner is a UK national then they (the partner) need to have triggered their Freedom of Movement by working in another EEA country.

If your civil partner is an EEA national then they (the partner) need to have triggered their Freedom of Movement by working in the UK

Could you please advise whether they are entitled to request all that information?
If so, how can I demosntrate I am entitled to work here regardless of my partner’s place of employment?

Also, I don’t think you may know this but a brazilian, with Permanent Rights to Reside after lawfully been living with EEA national who was exercising treaty rights for 5 years... can this whole thing be a case for discrimination?

Look forward to hear from anyone.

Thank you

Anyone please?

I have briefly read the civil service eligibility document but it clearly states a family member is a spouse, registered partner etc.

If you have dissolved or divorced or whatever it's called then how exactly do you think you are eligible?

If that is so, what is my status now?
If not a family member of EEA national?

Mandokinha2701 wrote: ↑

Wed Nov 21, 2018 1:08 pm

If that is so, what is my status now?
If not a family member of EEA national?

You hold PR, so no longer reliant on your EU partner.

Suggest if you wish to work in the civil service, you apply for British citizenship.

Also, I don’t think you may know this but a brazilian, with Permanent Rights to Reside after lawfully been living with EEA national who was exercising treaty rights for 5 years... can this whole thing be a case for discrimination?

It is NOT discrimination. It is their standard vetting process and requirements to qualify for a job, which is clearly published.

Mandokinha2701 wrote: ↑

Wed Nov 21, 2018 1:08 pm

If that is so, what is my status now?
If not a family member of EEA national?

No, you stated you have a PR card. Your relation (or non relation) to a EEA national has nothing to do with your status anymore.

You are not eligible for a civil service job.

az121212 wrote: ↑

Wed Nov 21, 2018 1:29 pm

Mandokinha2701 wrote: ↑

Wed Nov 21, 2018 1:08 pm

If that is so, what is my status now?
If not a family member of EEA national?

No, you stated you have a PR card. Your relation (or non relation) to a EEA national has nothing to do with your status anymore.

You are not eligible for a civil service job.

That is my point, if my relationship with the EEA Has nothing to do with my status anymore, why is my relationship with the EEA relevant here. Only because their guideline does not cover people with permanent rights to reside?

Thank you fo the help though. I really appreciate it.

OR am I right to think that right now I am just a Brazilian with Permanent Rights ti reside and work but not a EEA family member anymore?

Mandokinha2701 wrote: ↑

Wed Nov 21, 2018 1:49 pm

OR am I right to think that right now I am just a Brazilian with Permanent Rights ti reside and work but not a EEA family member anymore?

Yes, you are no longer a EEA Family member anymore as you have dissolved your partnership.

Well, that is something I didn’t know.

It’s a bit a scary. Do I need then to inform HO?

I meant I have asked this before and been told I shouldn’t but if I’m not a EEA family member for employment matters surely I am still a family member for the HO.

Mandokinha2701 wrote: ↑

Wed Nov 21, 2018 1:58 pm

Well, that is something I didn’t know.

It’s a bit a scary. Do I need then to inform HO?

I meant I have asked this before and been told I shouldn’t but if I’m not a EEA family member for employment matters surely I am still a family member for the HO.

You are missing the point. You are not required to still be in a relationship with your EEA sponsor as you hold PR.

The civil service requirements to employ someone is completely separate and independent to this.

Suggest find a job elsewhere not in the civil service for now.

Thank you for clarifying that for me. I appreciate it