Rights of EU Spouse to work while waiting for Residence card

Hi All, Just wondering if anyone can help me, as I'm a bit stuck..

My husband is an EU national exercising his treaty rights in the UK and last year I entered the UK on the EU spouse entry clearance, which is valid until the end of April.

After arriving I lodged my EEA2 Residence Card application (which has the date 26 Nov 07), but have seen that they are only now processing applications submitted before Oct 07.

My problem is that my employer has been told by their Visa advisors that the Certificate of Application from the Home Office that I received is not sufficient to prove that I can work in the UK, even though the letter states that ‘such persons may engage in employment without a work permit whilst their application for a Residence Card or Permanent Residence Card is under application’ (Note that the visa advisors have recommended that the only path is a work permit - which they get paid to organise!)

Is there anything else I can do to prove that I have the right to work between my entry clearance lapsing and receiving my Residence Card?

Thank-you!

Why don't your employers clarify your right to work with the Employers' helpline or use the Employer checking service?

Rights and responsibilities wrote:Employment

You and your family members can:

* accept offers of work;
* work (whether as an employee or in self-employment);
* set up a business;
* manage a company;
* set up a local branch of a company.

You will not need to apply for a work permit. You should not be discriminated against by your employer because of your nationality in terms of conditions of employment, pay or working conditions.

If you are a national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia or Slovenia you will need to register under the Worker Registration Scheme when you take work in the United Kingdom. You should read the Worker Registration Scheme section for details.

If you are a national of Bulgaria or Romania you must not work until we have given you permission. You should read the section for Bulgarian and Romanian nationals for details.

See also Complying with the law > Current guidance for employers and Guidance from 29 February 2008.

Juninho wrote: My problem is that my employer has been told by their Visa advisors that the Certificate of Application from the Home Office that I received is not sufficient to prove that I can work in the UK, even though the letter states that ‘such persons may engage in employment without a work permit whilst their application for a Residence Card or Permanent Residence Card is under application’ (Note that the visa advisors have recommended that the only path is a work permit - which they get paid to organise!)

Yes, this is a difficult legal situation. The visa advisor is wrong, but in the end I would blame the government. They hand out guidelines for businesses that completely ignore the rights of family members of European citizens, creating the impression that they are not allowed to work. And to be honest, the confirmation letter from the Home Office is less then impressive. Is it even signed? So I can understand why the employer is sceptical.

There are two options for you. First, the employer should call the number on the confirmation letter. The Home Office should be able to sort out the situation, after all that is their job. If that does not work, you will need to convince them based on the text of the law, your marriage license and passports.

Thank you both thsths and vinny for your quick replies and your help on this.

Hopefully I can convince my employer to call the Home Office and that works out!