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Hey folks!

I was wondering if any of you have any experience in regards to EEA FP being expired and working without an RC or COA (yet..)

My wife's a US citizen and im a EU national, she entered the UK under EEA Family permit (frankly, thanks to all of your suggestions about Applying for EEA FP ) (it expires - April 4th),
got employed at Tesco's. We didn't apply for RC for idk what reasons really as everywhere I read was said that she doesn't even really need it to stay and exercise the same rights as a EU National would (live & work unrestricted)..

However, as the FP is coming to expire, Tesco's said they will suspend her after the FP expires unless they can see some documentation stating her Right to Work in the UK.

I thought a marriage cert. + my EU passport would do the trick, but I called up UKVI and they actually told me that without the COA or the RC itself, she does not have any right to work in the UK. I was stunned by that and wondered if there is anything other than COA to prove that she has the right to work, to show the employer..

She's currently filling out the RC application to send it away, but it would take 3 weeks to get the COA (so i was told by UKVI), and Tesco's would only suspend her for a maximum of 4 weeks before dismissal.

I could show Tesco's the EU directive that states she as a direct family member (spouse) has unrestricted free right to live in the UK.. I dont know at this point what would be the best thing to do.

Would anybody have any ideas? Or maybe somebody had the same issue with the expired FP ? :/

The government imposes very heavy penalties (of upto £20,000 per illegal worker, I believe) on companies who employ illegal workers. However, the company is protected if they can show a "statutory excuse" (really badly worded, I know) on their records; i.e. that they checked the person's right to work in the UK against a specified list of documents. A Residence Card or a long CoA (which your wife should get while her application is in progress) are acceptable "statutory excuses".

Note that the Employer's guide to right of work checks also states on Page 39 that;

You should not employ any individual simply on the basis that they claim to be the family member of an EEA national. You should also be aware that not all family members of EEA nationals are permitted to work in the UK without restrictions.

So, you can see why Tesco's would want a copy of either a Residence Card or a long CoA and not be satisfied with a marriage certificate/EU passport combination.

You can of course take Tesco's to court under EU law, but it is likely faster to apply for a Residence Card and submit biometrics.

Hello,

We're still in the waits for a CoA with right to work, I have called HO/UKVI about the issue and all the say is that they can give a number and Employer can call to check up on the application or status etc.

Tesco's in return say that all they receive is a "no statutory excuse" or that the application is not even in the works or anything.

Tesco has agreed to keep her suspended until she receives her CoA only if they get any actual proof that the application is still pending... How can this be achieved, I tried looking for an email (because they suggested an email from Home office or UKVI stating that they received the application and it is pending would be sufficient)..
All i ever see in contacts is Passport return email, or phone numbers...

Any advice on how can I get an email from them confirming that the application is pending?