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EEA 1 and job refuse
Posted: Tue Feb 05, 2013 12:09 am
by riad2525
Hello,
I have EEA Family permit 1 visa which is expering the end of March. Obviously I going to reniuew it. I didn`t get a job today because the manager said he can`t take me because of my visa expering and the policy said that i must have at least 3 month visa in my passport.
I tried to explane him that I have right to live and work in the UK even that my visa application is with the home office.
How I deal with this kind of situation? Could someone give me any advice or law example?
Thank you very much
Posted: Tue Feb 05, 2013 12:55 am
by nidaulhaque
Do u have eea family permit or residence card? Both are different, which country you from and how long u in uk? Was you Woking before?
Posted: Tue Feb 05, 2013 8:23 am
by fysicus
Apparently you haven't received a CoA yet. That usually confirms your right of work for the period that your application (for a Residence Card) is still undecided and also has a section for employers to explain your status and refers them to the Employer helpline of UKBA.
Unfortunately, many employers are reluctant to take on people whose immigration status is unclear (to them), and given the huge costs they face when they are accused of employing people who do not have the right to work in the UK, you can't really blame them for that.
From your post it seems to me, that you have yourself not a very clear picture about the EEA Regulations, so I'm not surprised that you did not succeed in convincingly explain your rights to a third party.
Can you give more details on your situation, and answer in particular these specific questions:
When and where was your EEA Family Permit issued?
When did you enter the UK using this EEA FP?
Have you already applied for a Residence Card (EEA2), and if so, when?
answer
Posted: Tue Feb 05, 2013 12:16 pm
by riad2525
thank you very much
here my answers
my visa issued in 23 september 2012 and will exipred 22 march 2013
and im enter in uk in 31 oct 2012
and i did not apply for EEA 2 yet
waiting for answering
Posted: Tue Feb 05, 2013 1:11 pm
by keffers
You will not be able to apply for a renewal of your Family Permit - you will have to make a fresh application and it will be determined on the facts as they then exist.
It must be applied for outside of the UK (not neccesarily in your country of origin).
Better to apply for a Residence Card while you are in the UK and in possession of a valid, legitimately obtained Family Permit.
Posted: Tue Feb 05, 2013 1:37 pm
by riad2525
why i cant renewe my visa???
i have right to ask for EEA2 because now im hold EEA1 on my passport and still not expired yet
and my question was not about renewe or not my question was about how i deal with work with EEA 1 visa soon expired
thank you very much
Posted: Tue Feb 05, 2013 2:40 pm
by nidaulhaque
first of all you dont have eea1 on your passport its eea permit which will allow you to enter in uk thats all.
Now you need to apply residence card eea2.
can you please answer following.
which country are you from?
is your eea family member currently working? or exercising treaty right?
Posted: Tue Feb 05, 2013 3:42 pm
by fysicus
@riad2525, I don't know what is now the best course of action, but you should have applied for a Residence Card as soon as possible after entering the UK. It is not required by law to have a Residence Card, but life can be very cumbersome without it, as you are now finding out the hard way.
Although a Residence Card is in fact merely a confirmation of rights that you have acquired automatically under the EEA Regulations, you cannot expect that arbitrary third parties are willing (or able) to verify if you do indeed meet all the requirements.
If I were you, I would at least no longer delay the application for a Residence Card. You could have done that three months ago already. Once you have a CoA, it's a lot easier to convince potential employers that you can work legally in the UK.
Posted: Tue Feb 05, 2013 5:36 pm
by keffers
riad2525 wrote:why i cant renewe my visa???
Because its not a visa - its a form of entry clearance
similar to a visa that can
only be applied for and issued outside the UK.
Its quite amazing that you have managed to acquire a Family Permit without having any idea what it actually means.
Lucky man. Don't forget your lottery ticket tonight.
Posted: Tue Feb 05, 2013 6:55 pm
by ahmad_785
wao when i was reading from top i was like how on earth eea1 (thats for e.u nationals) he cant get a job and then i read every thing and realized this guy doesn't have a clue what he holds
so for the op my love i think you don't hold eea1.what others are telling you its right.
Posted: Tue Feb 05, 2013 8:42 pm
by riad2525
yes i holde a family permit visa on my passport you have right
so i will apply for EEA 2 SOON
thank you very much
Posted: Tue Feb 05, 2013 10:00 pm
by nidaulhaque
Yes, make sure your eea family member using treaty rights otherwise it will refuse