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Or, in other words, does a non-EEA family member, with a FP on their passport, have the right to work in the UK from day 1?

kamoe wrote:Or, in other words, does a non-EEA family member, with a FP on their passport, have the right to work in the UK from day 1?

You have a right to work in UK if your EEA national sponsor is exercising treaty rights as a qualified person (or has PR).

You may have difficulty in persuading a (potential) employer of this if you do not have a RC (or at least a COA).

Thanks noajthan.

noajthan wrote: You have a right to work in UK if your EEA national sponsor is exercising treaty rights as a qualified person (or has PR).

Well, yes. How could you have a valid Family Permit on your passport otherwise?

You may have difficulty in persuading a (potential) employer of this if you do not have a RC (or at least a COA).

But if you did have already a job offer and contract, and a FP, you would have the right to work, right? I am really assuming so.

My situation is the following:

I applied for a EEA EFM RC as unmarried partner, back in early September, so I'm pretty much expecting it anytime now. I resigned from my previous job in December, then my partner and I went on holiday to my home country in January. This made that my my previous sponsored BRP expired before I came back to the UK, as I no longer worked for the company that sponsored it. In order to avoid any inconvenience at immigration at Heathrow when we came back (we are unmarried partners, so we have no marriage certificate), I decided to apply for a FP while at home, which I was granted, and which I got now on my passport.

We are back in the UK and my new job starts on Monday, and other than the FP I have nothing else to prove my right to work, and I am assuming that will be the case for yet a few days until I receive my RC.

I just want to make sure I am not working illegally.

Thanks
Kamoe

kamoe wrote:Thanks noajthan.

noajthan wrote: You have a right to work in UK if your EEA national sponsor is exercising treaty rights as a qualified person (or has PR).

Well, yes. How could you have a valid Family Permit on your passport otherwise?

You may have difficulty in persuading a (potential) employer of this if you do not have a RC (or at least a COA).

But if you did have already a job offer and contract, and a FP, you would have the right to work, right? I am really assuming so.

My situation is the following:

....

We are back in the UK and my new job starts on Monday, and other than the FP I have nothing else to prove my right to work, and I am assuming that will be the case for yet a few days until I receive my RC.

I just want to make sure I am not working illegally.

Thanks
Kamoe

FP is only 'correct' at the time of issue. And it's purpose is to help expedite the holder's entry into UK.

A FP doesn't guarantee your sponsor is exercising treaty rights (now).
(Actually the same argument applies to a RC too).

You will not be working illegally assuming your EEA-national sponsor is a qualified person.
The challenge may be to persuade your employer of this - especially as employers are in the uncomfortable position of being unqualified & poorly-briefed immigration law enforcers by proxy.

See: https://www.freemovement.org.uk/sponsor ... -dismissal

Edit: just noticed a complication as you are unmarried.
Unmarried partners have to hold a RC as they are extended family members; (different Regulations apply)..

(A RC is only optional for direct family members, eg spouse).

And in another recent post you explain you have already received a COA with a no-work clause:
http://www.immigrationboards.com/eea-ro ... l#p1288756

It may be very prudent to hold off & wait for the pending RC to arrive.

Thanks noajthan, makes sense.

My doubt comes from the fact that I have read people in this forum saying that unmarried partners, and/or other EFM applicants, who already hold a FP and then apply for a RC receive a CoA with right to work. This makes sense, as to hold a FP means that the HO has already processed an application and gone through your documents, and verified your relationship in some way.

I have a CoA without the right to work only because when I applied for the RC I did not have a FP first. Then in the long wait for the RC I went home and applied for the FP, which I got. This means the HO has already decided that I am the FM of my sponsor, and that our relationship is valid. Right? If I applied for the RC now, I would get the CoA with right to work. Right?

It does seem that it is about adding 1+1, but not having 2 yet.

I'll show up on Monday and ask them what they prefer to do... changing the start date might be an option, although not my preferred one. Would that be against my rights as FM?

Thanks,
Julia

The standard for applicants with a valid EEA Family permit and evidence of the EEA national exercising treaty rights is set in Regulation 7(3).

vinny wrote:The standard for applicants with a valid EEA Family permit and evidence of the EEA national exercising treaty rights is set in Regulation 7(3).

Wow, thanks Vinny!!! That sounds like I'm good.

Best
Kamoe

Last update:

As I am a Colombian citizen, I have to report to the police all changes of circumstances (visas, passports, address, work), so last Monday I went to report:

-New Family Permit
-Start of new job

The police officer was very nice and processed the changes in my circumstances normally, with no weird looks, no questions asked, and no problems. So doesn't seem like I have worked illegally this week. All seemed in order.