EEA2 Unmarried Partner- COA - Right to work

[mekalen]

Hi there,

here's my situation - i hope you could advise:

I'm a non EU national - i hold a Tier 1 (post study work visa) - and i am the unmarried partner (of 3.5 years) of a EU citizen exercising treaty rights in the UK - (yes we've been living together for over 2 years).
I applied for the EEA2 RC first week of january and my visa expired 1st of February. i received a CoA (shorter version) which couldnt confirm my right to continue working (i have a permanent employment in the UK).
Now because of the short version of the CoA, i have been put on unpaid leave for the past month until i receive a CoA which allows me to continue working. (with risk of me losing my job if i dont have any updates by end of the week)
I've been trying to reach the UKBA but have had no joy in receiving a proper answer to my questions:

1- What is my current immigration status?
2- the UKBA website clearly states that if you apply befre your visa expires your immigration status remains the same until a decision is made. this does not specify what type of application you've made (under EU law or other Tier visas). so shouldnt this give me the right to continue working since i was in the UK based on a tier1 and not based on partner).
3- The CoA that they had sent does state that they can not confirm the right to continue working if the applicant is the unmarried partner...etc.. but in the same paragraph (at the end) they also say: ' Any right to work in the meanwhile will depend on you having some alternative basis of stay in the UK which does not prohibit access to employment". (in my case i have the Tier1)

Doesn't point 2 above combined with point 3 clearly allow me to receive a longer version of CoA?

I've read other posts on this forum, where a similar (exact) case received a longer version of CoA - so it is possible.

Any advice would be greatly appreciated.

[beautifulday1]

You said your PSW visa already has expired and you did apply as an unmarried couple which dont allow you to give right to work according the rules and regulations. So you have to wait until to get a decision

[mekalen]

You said your PSW visa already has expired and you did apply as an unmarried couple which dont allow you to give right to work according the rules and regulations. So you have to wait until to get a decision

Yes my PSW did expire, but i had applied before it expired. I understand that an unmarried partner application under the EU law might not allow u to work. but in my case i've been in this country based on the UK law, and according to this paragraph:

"If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so"

Ref: https://contact-ukba.homeoffice.gov.uk/ ... ding-stay/ (at the very bottom of the page FAQ)

It states Applications made in general and does not specify the type of application.

besides i don't really understand the logic behind this policy (wherever it is written because i couldnt find it anywhere), if you make any application, whether it was any Tier or married or unmarried and the application is still being decided, it means that the uncertain situation is there in all cases (i.e. any of the applications made might still be rejected) so i don't understand why if you apply for one type of visa you can continue working (based on the work permit you had) while if you apply for an unmarried partner you cant continue working. it just doesnt make any logical sense coz in any case any application made could still have the risk of being rejected.

[sheraz7]

Only short answer is that uk immigration rules are different than European rules where there is no application of section 3c/3d which extends the conditions of undecided application till decision.
Unmarried partner normally receive the similar coa which does not grant right to work but if unmarried partner entered on family permit then maybe the coa with right to work can be argued to get.

[mekalen]

Thanks for your replies.

Although it still doesnt make any LOGICAL sense to me, but i do understand what you are saying.

but how come this individual who had posted something on this forum a while back (and who had exactly the same situation like i have) received the longer version of CoA?
see link... (follow the replies of User 'CoolGirl1984' and you will see that in her updates at the bottom of the page she mentions that they got it.)

http://www.immigrationboards.com/eea-ro ... 94022.html

just a curiosity - since i may lose my job very soon if i don't hear back from them by next week.

[sheraz7]

I am sure if you search then you will also find the applicants who even married to EU nationals got mistakenly the CoA without right to work. Until a non-eu national is not recognized a family member of a qualified EU national he normally not be granted right to work.

[mekalen]

I am sure if you search then you will also find the applicants who even married to EU nationals got mistakenly the CoA without right to work. Until a non-eu national is not recognized a family member of a qualified EU national he normally not be granted right to work.

Thanks Sheraz7,

Even if i was in this country based on the UK law? (Tier 1 PSW) ?? doesnt that cover my rights since i made the application before it expired? my point is that a decision is being made anyways whether it is umarried partner or married or work permit under UK law- when you send in an application for ANY type of visa it is still in progress and will have the chance of being refused. so this is the logic that i do not understand.
so what is my immigration status at the moment? an overstayer? and the Tier 1 visa i had loses all it's rights? because i am applying under EU law? I still don't get it. plus could anyone please tell me where it is written in the EEA2 policy that i can not continue to work based on my current UK visa which allowed me to work for the past 2 years - if i applied for the unmarried partner under EU law?
thanks

[vinny]

See also Policy on Section 3C leave and EEA applications.

[mekalen]

thanks Vinny, i guess i will have to wait and see - hopefully i won't lose my job.
I mean not that we are able to get in touch with the home office anyways. All of this still doesnt make sense to me, but i guess i have no other choice but to wait.

[Jambo]

Basically there is a gap in the legislation for unmarried partners switching from UK immigration rules to EEA Regulations.

Try and get your MP interested in the matter.

[mekalen]

Basically there is a gap in the legislation for unmarried partners switching from UK immigration rules to EEA Regulations.

Try and get your MP interested in the matter.

Thanks 'Jambo', i totally agree with you. and this is exactly what i did this morning Let's hope something will come out of it.

[mekalen]

just an update:

I've called the UKBA enquiries team during the past couple of days and have had 4 different advisrs on the phone. They all said the same thing: I have the right to work while i wait for my application - but they also stated that they are not the ones who provide the COA - as a result couldnt do much to help.

I then consulted an immigration Solicitor who also confirmed my right to work while i wait for the application to be decided. but also stated that there is not much they can do other than writing a letter to them asking them to speed up the process.

I have also contact my local MP who is going to inquire about this as well..

It's so strange how everybody agrees on the same logic but no one can do anything to solve the issue... it's been 5 weeks now that i;ve been on unpaid leave and possibly might lose my job next week... but Home office have been ignoring all my letters .. (let's talk about equalities AYE!)

[sheraz7]

Then why don't you persuade your employer to use the UKBA designed special helpline for employers to confirm your right of work with them?

[mekalen]

Then why don't you persuade your employer to use the UKBA designed special helpline for employers to confirm your right of work with them?

Hi Sheraz7,

the employers only want to see the COA - they have tried to call the employers checking service and although they also confirmed over the phone that i should have the right to continue working.. but they said that they cant officially confirm unless they have the confirmation letter from Home office (ppl go by the books sooooo much sometimes that they forget how to think)