RIGHT TO WORK on the EEA Family Permit

[Cupcake567]

Hello All,

Could you please urgently advise if there is any formal document showing that you are allowed to work when you are holder of EEA Family Permit?

It’s urgent as we need to prove to the employer right to work. We will apply for husband’s Residency Card shortly.

Many thanks.

[Cupcake567]

Good afternoon,

I am desperately looking for help, please. How to prove employer that non EEA family member of EEA holding a valid Family Permit is allowed to work?

I was searching on the forum but no clear answer is given.

Where to find a legal document clearly stating the rights?

Please help ASAP.

Thank tou.

[secret.simon]

There isn't any single document stating the rights of somebody who has a Family Permit. You could try to persuade your future employer that you have the right to work by citing Regulation 7 of the EEA Regulations 2016.

But a Family Permit is not a statutory excuse listed in An Employer's Guide to Right of Work Checks, which would make them very nervous of hiring you.

Remember that the Family Permit is primarily an entry clearance document (for you to enter the country), not a residence document.

If you are the spouse or child of an EEA citizen currently resident in the UK, you would get a CoA letter stating your right to work in the UK when you apply for a Residence Card.

[Obie]

Under regulations 12, an EEA family permit can only be issued to an EEA national who is residing in the UK in accordance with the regulations or intends to be accompanied by the family member, or is in the UK with an initial right of residence.

It contains no restrictions on right to work and falls within code 1A.

It should be wrong to refuse the holder of an EEA family permit the right to work.

[Cupcake567]

Thank you very much Secret Simon and Obie.

Obie- thank you for pointing me to section 12. I have read it but it doesn’t say anything about right to work.

12.—(1) An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national and—

(a)the EEA national—

(i)is residing in the United Kingdom in accordance with these Regulations; or

(ii)will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; and

I had a look which docs the employer should look at when hiring and FP is not listed there...

That’s very unfair that there is no legal document stating that FP allows working...

Cheers.

[Obie]

The point i am making is that an EEA Family permit is mostly issued to people who have demonstrated they have a right of residence, and therefore it must serve as a proof of a right to work.