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Right to work: Tier 2 to EU settlement

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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pankispankis
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Posts: 6
Joined: Tue Apr 10, 2018 2:08 pm

Right to work: Tier 2 to EU settlement

Post by pankispankis » Fri May 31, 2019 11:08 am

Hi everyone,

I have a question about the right to work while I'm waiting for the EU Settlement application to be approved.

I'm currently on Tier 2 visa with the BRP is due to expire next month. I've recently gotten married to an EU citizen who has been granted the Settled Status and I've already submitted my EU Settlement application.

I understand that I would have the right to work for my current employer, but would I have the right to work for a new employer while I'm waiting for the decision on the application?

Please let me know.

Thank you for your help!!

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Right to work: Tier 2 to EU settlement

Post by kamoe » Mon Jun 03, 2019 3:50 pm

pankispankis wrote:
Fri May 31, 2019 11:08 am
I'm currently on Tier 2 visa with the BRP is due to expire next month. I've recently gotten married to an EU citizen who has been granted the Settled Status and I've already submitted my EU Settlement application.

I understand that I would have the right to work for my current employer, but would I have the right to work for a new employer while I'm waiting for the decision on the application?
Since you are married to a EU citizen with Settled Status you have the right to work anywhere you please in the UK, legally, and this right starts from the date of your marriage (if married in the UK) or from the date you entered the UK as married (if married abroad).

Now, as many members of this forum have found out -sometimes the hard way- is that having a right and proving that right are two completely different things. Depending on who you need to deal with (how rigorous your actual/new employer/landlord, etc is) you might or might not have an issue. In normal circumstances, a CoA should suffice for employers. Did you receive one as part as your submission for your EU settlement application, and does it confirm your right to work while you await confirmation of your status?
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Richard W
- thin ice -
Posts: 1947
Joined: Wed Oct 17, 2012 3:25 am
Location: Stevenage

Re: Right to work: Tier 2 to EU settlement

Post by Richard W » Mon Jun 03, 2019 11:58 pm

kamoe wrote:
Mon Jun 03, 2019 3:50 pm
Since you are married to a EU citizen with Settled Status you have the right to work anywhere you please in the UK, legally, and this right starts from the date of your marriage (if married in the UK) or from the date you entered the UK as married (if married abroad).
That isn't necessarily so. You're assuming that the EU citizen has permanent residence under the EEA Regulations, which isn't necessarily the case, or is a qualified person (e.g. working full time).

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Right to work: Tier 2 to EU settlement

Post by kamoe » Tue Jun 04, 2019 11:13 am

Richard W wrote:
Mon Jun 03, 2019 11:58 pm
You're assuming that the EU citizen has permanent residence under the EEA Regulations, which isn't necessarily the case, or is a qualified person (e.g. working full time).
I was actually assuming the EU citizen is currently a qualified person (which as you say, might or might not be true).

I just checked that CoA you receive while awaiting for your Settlement status is vague and only specifies the continuity of your rights as EU citizen or their family member. So question to the OP is, is your EU family member a qualified person?
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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