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EEA Family permit expire and Employer wants to terminate

Posted: Thu Oct 13, 2016 5:21 pm
by mayakanon
My EEA Family Permit Expired on 28 August. I have applied for EEA FM on 12 September. On 28 September I get the letter for Biometric. On 13 October I have done my Biometric. My Question is:

1. The letter for Biometric is called COA? or is there another letter I will get?
2. My understanding from website was I am eligible to work in UK even I don't apply for EEA FM as I am a spouse of EU citizen and my spouse is also working in UK. Is that correct? If yes, then how could I prove that to employer?
3. I work is a local bank in UK. They are saying that they contract with Home-office for the issue and they confirm I am eligible to stay here afte visa expire and I am not eligible to work after my EEA Familt permit expire. Is that correct? If no, then where I can get the information to show my employer?
4. As I already applied for EEA FM, but still my employer saying that I am not eligible to work. If that correct? If no, then how can prove my right to work now?

Please can someone help me??

Re: EEA Family permit expire and Employer wants to terminate

Posted: Thu Oct 13, 2016 5:32 pm
by noajthan
mayakanon wrote:My EEA Family Permit Expired on 28 August. I have applied for EEA FM on 12 September. On 28 September I get the letter for Biometric. On 13 October I have done my Biometric. My Question is:

1. The letter for Biometric is called COA? or is there another letter I will get?
2. My understanding from website was I am eligible to work in UK even I don't apply for EEA FM as I am a spouse of EU citizen and my spouse is also working in UK. Is that correct? If yes, then how could I prove that to employer?
3. I work is a local bank in UK. They are saying that they contract with Home-office for the issue and they confirm I am eligible to stay here afte visa expire and I am not eligible to work after my EEA Familt permit expire. Is that correct? If no, then where I can get the information to show my employer?
4. As I already applied for EEA FM, but still my employer saying that I am not eligible to work. If that correct? If no, then how can prove my right to work now?

Please can someone help me??
1) No that's just a letter to enrol biometrics.
A COA is Certificate of Application - different document;
as a direct FM it should confirm your right to work until RC is finally issued.

2) Yes.
Tricky to convince an ignorant/poorly-briefed and/or misinformed employer without RC; (but see #4)

3) Nonsense - employer is grossly misinformed; as you say you have a spouse/sponsor who is a qualified person.

4) Teach employer HR to do their job (suggest invoice them for the training you provide :wink: );
Get employer up to speed here:
https://www.gov.uk/government/publicati ... yers-guide

Re: EEA Family permit expire and Employer wants to terminate

Posted: Fri Oct 14, 2016 12:01 pm
by mayakanon
noajthan wrote: 4) Teach employer HR to do their job (suggest invoice them for the training you provide :wink: );
Get employer up to speed here:
https://www.gov.uk/government/publicati ... yers-guide
I am afraid to read the above link - Page 34
''Certificate of Application
From 6 April 2015, an application by a non EEA Family Member of an EEA National for
a Residence Card or Derivative Residence Card will only be considered valid at the
point at which the applicant successfully enrols their biometric information. ............

.....the applicant will be issued with a Certificate of Application which states that the
individual has a right to work in the UK whilst their application for a Residence Card or
Derivative Residence Card is being considered.....''

So is that new law that I will get the COA ??

Re: EEA Family permit expire and Employer wants to terminate

Posted: Fri Oct 14, 2016 12:34 pm
by noajthan
As spouse of a qualified person you should receive a COA with right to work.

If an applicant is an unmarried partner they would not (unless they had applied before expiry of current valid FP/RC).