Immigrationboards.com

Hi Everyone,

I am a non-EU family member of an EU citizen living in the UK (under the EU Settlement Scheme). I have recently arrived in the UK on a EU Settlement Scheme Family Permit. I have the right to stay in the UK for 6 months and apply to stay longer. I have done this application but haven't been able to give my biometrics due to the current crisis.

Many legal sources online are saying that I have full rights to work in the UK since I hold a family permit. For example : third party solicitor weblink removed by moderator

I am now being offered a job that I would like to accept. I have called today the Home Office and I was told that I do not have the right to work. I am therefore now very confused and I find it hard to believe. Everything I have seen online and on this forum (for example eea-route-applications/eu-settlement-sc ... 92412.html) suggest that I do have the right to work.

I can't find the answer to my question on the government's website.

Do holders of a EU Setllement Scheme Family Permit have the right to work in the UK ?

Best wishes!

It's not only about if you have the right to work or not in theory, it's mainly about how are going to demonstrate that right.

I know employers now who wouldn't accept a German or a French passport as proof of work in the UK. They are ask to see EU Settlement Scheme email too.

This is also a good question! I do not have a EU passport. I am only the relevant family member of an EU national Therefore the only proof I can think of is my EU Settlement Scheme Family Permit within my passport. Would that not be enough?

So the question is whether a EUSS Family Permit gives you the right to work and, if so, how to demonstrate that right?

PS: Thank you for removing the third party link. I didn't realise I should not post it! Sorry!

Is it written on it "Work Permitted" or something like that?

Employers in the UK are very cautious before employing a foreign national. They will look twice to the right to work and they won't proceed unless they are 100% certain from that right to work. They risk fines and other issues if they employ someone who doesn't have the right to work.

Sometimes they don't want to proceed if the person shows only an entry sticker with only a few weeks/months remaining as they want to see something more stable than that.

Yes that makes sense! But there is no point to try to make a case to the employer that I do have the right to work if I do not have it. And if I do have this right, proving that will be worth the effort for them and me.

So how can I know if I do have the right to work in the first place ?

Pauline42 wrote: ↑

Fri Apr 17, 2020 11:36 pm

Yes that makes sense! But there is no point to try to make a case to the employer that I do have the right to work if I do not have it. And if I do have this right, proving that will be worth the effort for them and me.

So how can I know if I do have the right to work in the first place ?

Employer will be making right to work check with HO and HO will answer that you do not have right to work unless there is "work permitted" written on your remarks section of Visa. With first 6 months of EUFP visa, you do not have right to work unfortunately.

Zerubbabel wrote: ↑

Fri Apr 17, 2020 5:42 pm

I know employers now who wouldn't accept a German or a French passport as proof of work in the UK. They are ask to see EU Settlement Scheme email too.

Well unfortunately that is unlawful. A french citizen has the right to work in the UK without a Presettled or Settled status until June 2021.


If the family permit is leave to enter, then it ought to permit right to work, as i guess will be the case.

Obie wrote: ↑

Sat Apr 18, 2020 4:48 pm

Zerubbabel wrote: ↑

Fri Apr 17, 2020 5:42 pm

I know employers now who wouldn't accept a German or a French passport as proof of work in the UK. They are ask to see EU Settlement Scheme email too.

Well unfortunately that is unlawful. A french citizen has the right to work in the UK without a Presettled or Settled status until June 2021.


If the family permit is leave to enter, then it ought to permit right to work, as i guess will be the case.

I agree with you. It happened to me and also to a couple of friends in different companies.

When I joined my company, I had only an EEA passport and it was recorded by HR. A few months back, they chased me like a crazy because they didn't know I had the British Citizenship in the meantime. But while I spoke with the HR representative, she told me the company is no longer accepting EEA passports as proof of work in the UK!

Zerubbabel wrote: ↑

Sun Apr 19, 2020 12:07 pm

Obie wrote: ↑

Sat Apr 18, 2020 4:48 pm

Zerubbabel wrote: ↑

Fri Apr 17, 2020 5:42 pm

I know employers now who wouldn't accept a German or a French passport as proof of work in the UK. They are ask to see EU Settlement Scheme email too.

Well unfortunately that is unlawful. A french citizen has the right to work in the UK without a Presettled or Settled status until June 2021.


If the family permit is leave to enter, then it ought to permit right to work, as i guess will be the case.

I agree with you. It happened to me and also to a couple of friends in different companies.

When I joined my company, I had only an EEA passport and it was recorded by HR. A few months back, they chased me like a crazy because they didn't know I had the British Citizenship in the meantime. But while I spoke with the HR representative, she told me the company is no longer accepting EEA passports as proof of work in the UK!

HRs are trying to cover themselves against possible troubles. They know close to nothing about immigration and right to work, so lack of knowledge creates ignorance and abuse of power.

I've have just gone through recruitment process myself (non-EEA family member with both EEA RC and EUSS status) and I think I spent around an hour all in all discussing immigration questions with HR\recruiters for this role. They all accepted they have little to no idea re current HO arrangements, so were open minded to listen to what I was saying.

While some of the things are unlawful (eg asking EUSS status from EEA national before 30/06/21), others are at the borderline. When you are about to get an offer from new company, they can pretty much demand all the papers they want ahead of this offer. If there is any doubt re status/right to work, most likely the job will be offered to someone else.

Thanks for all the answers!

Summary:
1) The EU Settlement Scheme Family Permit (valid for 6 months) does not give the right to work to a non-EU family member of a EU national. Once the family member is in the UK, apply for the (pre-)settled status and gets it, the right to work will be granted.
2) Even with (pre-)settled status, HRs can sometimes be difficult to convinced that you have the right to work.

Let me know if I get it right or if you have any other remarks or comments!

Hi everyone,

I am coming to you with some updates/corrections. I have called the Immigration department again and a lawyer. Apparently, as the relevant family member of an EU national, one does have the right to work, even on a EUSS Family Permit. The problem is something that others have already mentioned here. Even with the formal right to work, a family permit will not be enough to prove to employers that right to work.

So, right to work: officially seems that yes. Proof of that right to work: family permit should not be enough.