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EEA4 Application for Contractor
Posted: Thu Feb 03, 2011 11:07 pm
by coolalien
Hi!
As per the title, I work as an IT contractor and I'm about to submit my forms for EEA4 application......
Bit of a background:
I'm currently on a EEA Family permit, I'm South African, my wife Spanish and we have been here for 5 years.
Now here is my problem, after I submit my passport for the application.What proof do I have that I'm allowed to work in the country?
My current contract will be ending a few months after the application and I will need to prove I'm legally allowed to work in the UK if I'm to pick up another contract.
Do they give you a letter etc to show that you allowed to work?
Thanks in advance!
Posted: Fri Feb 04, 2011 10:07 am
by fysicus
When you have received your Certificate of Application, nothing stops you to request your passports back. I suppose your Residence Card has not yet expired so that should prove your right to work in the UK.
It might also help to print the information on
http://www.ukvisas.gov.uk/en/howtoapply ... snationals where it is clearly stated that as a family member of an EU national you have an unrestricted right to work in the UK.
The CoA also used to confirm your rights ("until the application has been decided") but recently I saw reports on this forum about a more confusing wording on the CoA.
Posted: Fri Feb 04, 2011 12:17 pm
by Kitty
fysicus, the CoA should confirm the applicant's right to work until the PR stamp has been issued in this case, as
coolalien came to the UK using a Family Permit. The Family Permit confirms him as a family member.
He doesn't say if he ever applied for a Residence Card: perhaps he could confirm for us?
coolalien, if you do get a CoA that says your right to work cannot be determined, contact the UKBA and ask them to issue the correct one. I have seen a number of cases where applicants have had to do this: I don't think it's to do with "new" workding, but with the UKBA getting things wrong!
Posted: Fri Feb 04, 2011 6:48 pm
by coolalien
Kitty wrote:fysicus, the CoA should confirm the applicant's right to work until the PR stamp has been issued in this case, as
coolalien came to the UK using a Family Permit. The Family Permit confirms him as a family member.
He doesn't say if he ever applied for a Residence Card: perhaps he could confirm for us?
coolalien, if you do get a CoA that says your right to work cannot be determined, contact the UKBA and ask them to issue the correct one. I have seen a number of cases where applicants have had to do this: I don't think it's to do with "new" workding, but with the UKBA getting things wrong!
Thanks guys for your replies.
To clarify a bit more, I don't have a residence card all they gave me was the EEA Family permit stamped on my passport with my wife's name and the expiry date which is next month.
I hope this helps.
Thanks again
Posted: Fri Feb 04, 2011 8:01 pm
by Kitty
I'm a bit confused now: you have a 6-month Family Permit expiring soon, but you have been in the UK 5 years?
Am I right in assuming that you applied for the FP so that you could re-enter the UK after a trip abroad?
If you have a current FP then you should definitely be sent the Certificate of Application that confirms your permission to work. You should make sure you send good documentation of your wife's exercise of treaty rights, and your residence, during your 5-year stay.
Posted: Fri Feb 04, 2011 8:11 pm
by 86ti
5 year EEA family permit issued under the EEA regulations 2000?
Posted: Fri Feb 04, 2011 8:36 pm
by coolalien
It's a 5 year EEA family permit issued in 2005 and it expires in March this year.
Posted: Fri Feb 04, 2011 9:07 pm
by fysicus
The Immigration and Nationality Directorate (the precursor of UKBA) used the same wet-ink stamp for EEA Family Permit (6 month entry clearance) and the 5-year Residence Document, and even for 5-year Residence Cards until late 2006, when they finally introduced the vignette (sticker) that is still used nowadays. So the stamp that coolalien describes (to expire in March) has the same status as a Residence Card.
The confusion in the terminology is understandable...
My wife has a similar stamp, which caused us many problems when crossing borders, and in response to one of my complaints I have a letter confirming the explanation above. Once we even encountered an Immigration Officer who referred to it as EEA FP, even though it actually is a Residence Card...
Posted: Sat Feb 05, 2011 10:28 am
by coolalien
Going to give in the paperwork/passport next week but still unsure as to what (if anything) I will get to prove I'm allowed to work in the country while this is being processed.
Posted: Sat Feb 05, 2011 1:34 pm
by 86ti
coolalien wrote:Going to give in the paperwork/passport next week but still unsure as to what (if anything) I will get to prove I'm allowed to work in the country while this is being processed.
As Kitty has pointed out already, you will get a Certificate of Application (probably after around 4 weeks of receipt by the UKBA).
Posted: Sun Feb 06, 2011 10:54 am
by coolalien
Thanks Everyone for your advice!!