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Can u work while your pr application is under consideration?
Posted: Thu Apr 15, 2010 11:39 pm
by dakily
I applied for a pr as an ex family member of an eea national.My mom got divorced and the marriage lasted for well over 8yrs. My application is still under consideration.my current permit has run out and my employers called the employee checking service and received a letter stating I'm not allowed to work.I would to know if it's legal or not bcos I believed as longer as ho still had your application, you are still entitled to carry on working as long your initial permit allowed you to.is there anyone here that has experienced this before?help and advice needed urgently please.
Posted: Fri Apr 16, 2010 8:41 am
by troubled
The same situation happened to me.My employer dismissed me for the same reasons.I applied for PR and it took HO 15 months to refuse my application.My employer terminated my contract 12months after my application, the reason is that in certificate of application it is stated that family members sholud be able to show their visa after six months.That is standard letter but some employers can base on that to dismiss you to avoid liability.You can go to court with it but the cost is high so i let mine to go without a challenge
Posted: Fri Apr 16, 2010 9:03 am
by dakily
I thought u are allowed to work till the application has been decided. Really don't want to go down the court route because of the cost.
Posted: Fri Apr 16, 2010 1:25 pm
by kellyman
was the EEA national your dad?( either adopted or biological)
if not then i am afraid you are not allowed to work. This is because you are no longer entitled to the EEA treaty benefits as you are no longer considered a family member of an EEA national as a result of your mum's divorce.
your mum can't pass on her retained right of residence to you under EEA laws.
Posted: Fri Apr 16, 2010 1:50 pm
by troubled
You are allowed to work until your application has been decided.The confusion stems from the COA issued by HO.In principle and under EU regulations such applications should be decided within 6 months but HO are flouting the rules .HO does not follow the contents of the letters they issue.Taking them to court is the only way to resolve this issue but some of us are financially drained so it is difficult to mount such challenge
Posted: Fri Apr 16, 2010 1:52 pm
by dakily
But under section 10(5) of the eea immigration act 2006, I retained my rights bcos the marriage lasted for more than 3yrs and both parties lived and worked in the uk. I on my part has lived here for 7yrs and worked all the while. Surely, I'm entitled to work till they say either yes or no on my pr application. It's strange I'm allowed to live but can't work.something is wrong somewhere.