Stop me working while awaiting

CharlesEva8217 · Post by **CharlesEva8217** » Fri Oct 13, 2017 11:09 pm

Hi everybody.
I had an EEA family member permit, I applied for PR 1 month before my visa was due to expire (28/09). HOme office got back to me rejecting my application because of 1 missing doc , 2 days before the visa expiring (26/09). I send the application again the day after. HOme office send me confirmation of they are considering my application, I went to do fingerprints, my actual status is “awaiting for a decision”.

The problem is that my boss suspended me from work on the 28/09 the day that the visa end, already 2 weeks are past and today he called me asking me for a chat, I think he wants to fire me . Can he do that? Some people told me he suppose not to stopping me from work. I should be working or not ?

thank you for your help

AmazingSully · Post by **AmazingSully** » Sat Oct 14, 2017 7:39 am

You still have a legal right to work while your application is pending. Check out the FLR(M) application guidance notes, section 14. Your employer has no legal right to suspend you from working, and I would address this with citizens advice.

Hstepper07 · Post by **Hstepper07** » Sat Oct 14, 2017 9:40 am

CharlesEva8217 wrote: ↑
Fri Oct 13, 2017 11:09 pm
Hi everybody.
I had an EEA family member permit, I applied for PR 1 month before my visa was due to expire (28/09). HOme office got back to me rejecting my application because of 1 missing doc , 2 days before the visa expiring (26/09). I send the application again the day after. HOme office send me confirmation of they are considering my application, I went to do fingerprints, my actual status is “awaiting for a decision”.

The problem is that my boss suspended me from work on the 28/09 the day that the visa end, already 2 weeks are past and today he called me asking me for a chat, I think he wants to fire me . Can he do that? Some people told me he suppose not to stopping me from work. I should be working or not ?

thank you for your help

I am assuming you mean residence card as EEA family permit is valid for only 6 months.

Your employer should be able to accept the confirmation from HO as evidence of application until you receive your COA instead of just suspending you. In anycase they should use the employee checking service to confirm your work status if in doubt. You can check your right to work policy if your employer has one if not you should rely on legislation.
Is your boss a one man business? They cant just be calling you for a chat after suspending you. There are formal procedures that need to be followed. Can only wish you luck in dealing with an ignorant employer.

CR001 · Post by **CR001** » Sat Oct 14, 2017 9:50 am

AmazingSully wrote: ↑
Sat Oct 14, 2017 7:39 am
You still have a legal right to work while your application is pending. Check out the FLR(M) application guidance notes, section 14. Your employer has no legal right to suspend you from working, and I would address this with citizens advice.

The OP has EEA Residence card under the EU regs and not FLR(M) under the UK Immigration rules. If OP is an unmarried partner or an extended family member, then OP doesn't have any automatic rights.

Obie · Post by **Obie** » Sat Oct 14, 2017 10:44 am

It seem like OP was issued a Residence Card. If during the currency of the Residence card, OP's partner was a qualified person or an EEA national with a right of Permanent Residence, and OP continue to be in a Durable relationship, then in the language of Regulation 15(1)(b) , OP has acquired the right of Permanent Residence, and is entitled to employment. It is an error for employer to terminate employment.

J10M · Post by **J10M** » Sun Oct 15, 2017 9:12 am

CR001 wrote: ↑
Sat Oct 14, 2017 9:50 am

AmazingSully wrote: ↑
Sat Oct 14, 2017 7:39 am
You still have a legal right to work while your application is pending. Check out the FLR(M) application guidance notes, section 14. Your employer has no legal right to suspend you from working, and I would address this with citizens advice.
The OP has EEA Residence card under the EU regs and not FLR(M) under the UK Immigration rules. If OP is an unmarried partner or an extended family member, then OP doesn't have any automatic rights.

Hi CR001, I started a a new topic on friday regarding having automatic rights. Why is that unmarried or extended partners dont have automatic rights?

I am currently in a similar situation and will be doing my EEA RC (unmarried Partner) application next week, with my visa expiring in December. I assume I MUST stop working at expiry and wait for my COA (in all likelihood it will be without the confirmation of working rights).

Thanks

Obie · Post by **Obie** » Sun Oct 15, 2017 9:08 pm

Extended Family members have no automatic rights under the Regulation, they can only be issued a residence card under Regulation 18(4)(5) following an extensive examination of their personal circumstances, and if in all the circumstance the Home office believes it is appropriate for them to do so. Until the application of an extended family member is granted, there is no automatic right of residence and right to obtain employment.

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