Immigrationboards.com

Hi,
My friend applied for EEA(not sure which eea) extended family member as brother and he did receive COA but with no working rights until they decide his application.

But he was student before (Student visa and not tier 4), he applied before his visa finished, so can he work part time until he gets RC ?

He applied through solicitor. Has anyone faced similar situation like this and if please tell me how to sort out this issue.

I went through all of this forum and didn't get any info, his solicitor says she find this letter unique and says she can do nothing about it.

Please help as he gets problem at his work place

makepop1 wrote:Hi,
My friend applied for EEA(not sure which eea) extended family member as brother and he did receive COA but with no working rights until they decide his application.

This is following the rules. Extended family members need to wait until the HO decide on their application.

but he was student before (Student visa and not tier 4), he applied before his visa finished, so can he work part time until he gets RC ?

As long as his current visa is valid, the visa rules are still valid. There is no automatic extension of those rights when applying under the EEA regulations.

If in COA,it is mentioned to work part time then your friend is allow,but if COA sayin no right to work,then it means no right to work at all.....this is not a unique COA as this is normal format.

thanks for the info, i will let him know, let me see what he can do with it

You could write to the HO, and argue that he should be granted a COA with the right to work, as his position should not be worse of because he made an application under the EEA regulation. Inform them that, if he had made an application under any other category, he would have been able to work.
An EXtended family member of an EEA national should benefits from rights similar to those of Section 3C, even if not directly from the Directive or EEA Regulations.

Try that and see how it goes.

We are in a similar situation. My partner applied for EEA2 before his previous visa expired and his COA stated that HO could not determine his right to work at this stage.

I still believe that Section 3C applies as EU citizen cannot be given less rights than those applying under immigration act.

Policy on Section 3C leave and EEA applications.

I had the same on my COA, as I applied as an unmarried partner. However, I hold a valid Employer Sponsored Work Permit, so I was obviously able to continue working, within the limitations of my Work Permit. The COA document can only refer to the applicant's situation under the EEA category they've applied.

Obie wrote:You could write to the HO, and argue that he should be granted a COA with the right to work, as his position should not be worse of because he made an application under the EEA regulation. Inform them that, if he had made an application under any other category, he would have been able to work.
An EXtended family member of an EEA national should benefits from rights similar to those of Section 3C, even if not directly from the Directive or EEA Regulations.

Try that and see how it goes.

Thanks, i will let him know about it, i didn't see him for a week, dont know whether he contacted his solicitor again or not ?

He questions that whether he can write to HO without solicitor help ?

vinny wrote:Policy on Section 3C leave and EEA applications.

Thanks vinny