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re: 3C leave on EEA application

Posted: Tue Sep 08, 2015 2:48 pm
by iqbal303
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.

Re: re: 3C leave on EEA application

Posted: Wed Sep 09, 2015 12:57 am
by vinny

Re: re: 3C leave on EEA application

Posted: Wed Sep 09, 2015 1:28 am
by chriskv1
@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.

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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.