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re: 3C leave on EEA application

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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iqbal303
Newly Registered
Posts: 5
Joined: Fri May 01, 2015 7:11 pm

re: 3C leave on EEA application

Post by iqbal303 » Tue Sep 08, 2015 2:48 pm

Dear Sirs
We made EEA application as an extended relative of a EEA national before expiry of extent leave .Am I on 3C leave ?
please let me know.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: re: 3C leave on EEA application

Post by vinny » Wed Sep 09, 2015 12:57 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

chriskv1
Member of Standing
Posts: 330
Joined: Mon Sep 01, 2014 3:03 pm
Location: Wherever you are
United Kingdom

Re: re: 3C leave on EEA application

Post by chriskv1 » Wed Sep 09, 2015 1:28 am

@Vinny : I wouldn't say No , As it would be a violation of one of the basic binding EU law principle of equal treatment.

See Netherlands v Ann Florence Reed [1986].

If the OP had applied as the Unmarried partner of a british citizen he would have been covered under section 3c.
So the UK government cannot tell him that he can't do the same just because his partner is EEA and not british.
That would be discrimination and would be in direct violation of EU law.The UK cannot permit Unmarried partners of British nationals to do something and deny the same right to Unmarried partners of EU nationals.

___________________

My advice to you : Wait for the COA , If they don't give you work rights on COA , write an email to them and a letter to them with what I mentioned above , Many have got COA with work rights this way.
Anger and intolerance are the enemies of correct understanding.
Mahatma Gandhi

E&OE. I'm not a legal professional.

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