How can I show my right to work in the UK?

[jumpingzombie]

Hello, everyone.

I have fell into a situation that I need to seek advices here again...

I lost my 5years resident card(EEA2) in February while traveling abroad.
I have recently got a job offer that I am supposed to start this Friday, and I need to show my right to work in the UK. I haven't applied for my resident card re-issued, because I had booked my holiday going to abroad in April, and I was afraid that UKBA would keep my passport and then I wouldn't be able to travel.
By the way, I have kept a photo copy of my original resident card(this is a free standing document), but I know employers require potential employees to show the original ones...

Since I am non visa national, I can bring the marriage certificate, my husband's EEA3 card and joint bank statements to travel abroad(many thanks for advices on this forum!) and come back to the UK, and show my documents to the immigration officers.
I can tell my potential employer that I have the right to live and work in this country even without the physical resident card since I am a family member of an EEA citizen having the EEA3 card, but I don't expect the employer would be such familiar with the immigration law

Seeking the way how to prove my right to live and work in this country without the resident card, I have found the form called "Employer checking service form: check employee's right to work" on https://www.gov.uk/check-an-employees-r ... -documents, but it's written as "this form is to check people who's application has not been decided yet", so "If the employee does not fall into this, you can’t use the Employer Checking Service. Please see guidance on other ways to check an employee’s right to work."
Obviously, I'm not the one of them, as I got the resident card in 2010, although I've lost it
In this case, what department/phone number/email address in UKBA the employer can contact to confirm my right in the UK?
On the same page of the link above, its written as "Contact UKVI : Employer and education providers’ helpline BusinessHelpdesk@homeoffice.gsi.gov.uk, Telephone: 0300 123 4699.
Can the employer contact this email address or telephone number?

Any advices are appreciated!

[runie80]

Tricky situation.

Do you have any documentation confirming your eea2 stamp.

It's a tricky one because employers are very twichy about employing anyone who does not have 100% documentation. The moment you start explaining they loose interest.
I know this from personal experience as I lost out on few very nice job offers myself. I have Eea2 which was issued for 5 years and as it's now expired while my naturalisation application is under consideration.

It's a tricky situation.

[CR001]

Provide your passport, spouse passport (if necessary) and the copy you have of your RC and your marriage certificate.

Your new employer can check your status, show them the following link

https://www.gov.uk/check-an-employees-r ... -documents

[jumpingzombie]

Thanks for reading my post and quick replies!

runie80;

I've kept only a photo copy of my original residence card that is a free standing document, written as "Immigration Status Document".
Thinking about any documents confirming my resident status, a letter may have been enclosed when I received the original residence card in August 2010? I am not really sure, but I'll look for it.

I'm sorry to hear your experiences that you had lost some job offers because of your circumstances.
But, if your naturalization process is under consideration and hasn't been decided yet, you're the one who can use "employer checking service" which I mentioned in the first post, aren't you?

CR001;

I can provide my passport, my husband's passport, his EEA3 card, a copy of my original RC, and the marriage certificate. I really wish the potential employer would understand my right in this country, but they could possibly lose an interest to employ me if they think its just too many hassles

[chaoclive]

What about applying for another EEA2 and then using the COA to satisfy the employer? Of course, this will take a few weeks at least.

[runie80]

Jumping zombie.

Thanks for the reply.

I had several interviews. The jobs I applied were the ones which required security clearance (financial services).most of them want a clean cut record. They are not prepared to go through this complex Road. Recently I had one hour long phone interview and after that she offered me the position she then asked me to send her my passport visa stamp. I emailed her the stamp which showed the expired EEA2 sticker. And next day she called me to withdraw the offer based on that employer is not satisfied with documentation provided. I have given another few interviews and I am praying that they take long time to decide until my naturalisation comes through.... I am unable to move in with life and contribute to my family and wider society... I really don't wish that on anyone... It's not fun having skills and willingness to contribute. It's frustrating at times...


I also sent her
Our marriage cert
My national insurance card. And was willing to take any checks she wanted but as soon as she felt that it's a "new" territory she backed off. Basically the expiry date in EEA2 just got her alarm bells ringing. I even sent her the statements from home office website but to no avail....

[runie80]

"You must not discriminate against anyone because of their nationality.

Check that:

the documents aren’t expired (except UK passports, which can be expired. "

That service u mentioned mentions the above and my stamp is expired so I lost that already...

[jumpingzombie]

chaoclive;

Thanx for your reply!

I'm going to abroad next week, and actually next month as well.
So, I need to keep my passport with me.

Another thing is that I am eligible to apply for the PR this December, and if I applied for another EEA2 now and UKBA kept my passport for 6 month, it would be October to get my passport back, and would be just 2 months before applying for PR.

By the way, I have just found a letter that was enclosed in an envelope when I received my original RC.
It's written as below;

Dear Mrs XXXXXX

Re:Mrs XXXXXX (my nationality) (my date of birth)

I am sorry for the very long delay in considering your application for a residence card and am pleased to inform you that this has now been approved. As the passports submitted with the application have been returned I have arranged for the residence card to be issued in the form of a freestanding document. Please ensure that you keep this document safe and ensure that you keep it with your passport when you travel.

Yours sincerely.

The date (that this letter was issued?) is shown on this letter and it's exactly the same date as the date of issue for my RC. Can this letter be a proof that I am a resident in the UK, together with providing a photo copy of my original RC?

[chaoclive]

I guess that most employers should be willing to accept this (of course, depends on how scared he/she is of hiring someone without the right to work).

You should present these and also provide the link to the checking service noted above.

Hope it all works out!
C

[runie80]

yes should them the documents . all you can do is give your best shot.

also you can show them this link

https://contact-ukba.homeoffice.gov.uk/ ... ts-family/

power to u hope u get a positive outcome.

[jumpingzombie]

chaoclive, runie80, thank you very much for your advices!

I will do everything I can do my best, printing out the webpages that your guys have shown in your posts.

I will definitely post the outcome here.

To be honest, the position I have got an offer is a casual one, part-time, working just twice a week.
I know all employers are required to check the immigration status for any potential employees, but I hope it won't be such strict...

[chaoclive]

There are major fines if they get caught...that's why they take it so seriously now.

If they really don't accept it, then maybe you should find something else to do with your time before you are eligible to apply for PR in November? Learn a new skill/language, do some volunteer work (not sure how that is viewed in terms of 'visas') or just become an expert in immigration law and spend every living minute of your time on this (and similar) websites replying to people hehe.

Hope it goes well

[jumpingzombie]

Hi, everyone.

Here is the outcome of this topic...

I didn't have any problems to start working although I considered my visa matter such seriously, but it is just because it's a casual job. The employer's side wasn't even aware if my resident card was a photo copy or not I submitted my original passport, but it was written as "please submit a copy of your passport" on the employees handbook.

Well, I've been living in the UK as a direct family member of an EEA citizen excising the treaty rights and now permanent resident since December 2010, so everything is genuine and nothing to cheat.
But, I guess hiring procedures in more serious positions, formal jobs(?) aren't supposed to be like this.
Actually I lost my side job recently and then found the new one in a few days, then realized about my visa problem(lost original one). I have been working in the same company as my main job, and this company checks employee's immigration status every January, so I had my original this January and no problem at that time.

I really appreciate people giving me advices here.
Since I'm not going to change my main job and try to keep my side job for a while, I'm not applying for the resident card re-issue. I'm waiting by the middle of December this year, and applying for the PR.

Thank you very much!

[allenboo]

Jumping zombie.

Remember if you are not working you will not qualify for PR. So go and register as self employed and start a business - just do any business, even sell water