Am I eligible to keep a current job?

[jumpingzombie]

Hello everyone.
I'd like to have some advices in this forum as it helped me a lot before.

I've been on my EEA FP since last December, and it's going to be expired next month. I applied for the resident card in the middle of February,and received the COA after 10 days since I sent my EEA2 application.

I've heard it's legal to stay in the uk while my application is under consideration,but am I also eligible to work?
I started my current part time job in this February, and I wonder if I'll be still legal to work there while waiting for my resident card.
If it's legal, where can I find the lowful wordings/writings to make sure about it?

Any advices and opinions are appreciated.
Thank you.

[677ano]

the answer to your question should be on your COA.

[jumpingzombie]

Unfortunately,it's not informed in the COA.

It's adviced not to make any non urgent travel plans,and not to call nor make written enquiries about the progress of the application to UKBA.

So, I'm not sure if i can keep my current job after my EEA FP is expred, as a prospective resident card holder.

[677ano]

if you are married to the EU family member the your COA will give you right to work but if you are unmarried to the EU citizen or you are an extended family member your COA will not give you the rights to work

[Plum70]

if you are married to the EU family member the your COA will give you right to work but if you are unmarried to the EU citizen or you are an extended family member your COA will not give you the rights to work

WRONG! A non-EEA family member's rights of residence (including freedom to work) is automatically derived by virtue of marriage/Civil Partnership. Hence, the COA merely confirms these rights and does NOT confer them.

To the OP: The COA you received should have a general statement referring to non-EEA family members' rights of residence, including freedom to take up employment, while the EEA2 application is being considered. Does it not?

[677ano]

if you are married to the EU family member the your COA will give you right to work but if you are unmarried to the EU citizen or you are an extended family member your COA will not give you the rights to work

WRONG! A non-EEA family member's rights of residence (including freedom to work) is automatically derived by virtue of marriage/Civil Partnership. Hence, the COA merely confirms these rights and does NOT confer them.

To the OP: The COA you received should have a general statement referring to non-EEA family members' rights of residence, including freedom to take up employment, while the EEA2 application is being considered. Does it not?

I am not wrong unmarried partners and extended family members do not have automatic rights regarding employment while their EEA2 applications are under consideration hence the COA does not confer these rights

[John]

Last November the OP posted :-

Im a Japanese citizen living in Norway for 4 years, and my husband is a Polish citizen living in the UK nearly 2 years. we entered a marriage this July in Japan.

-: so is married to an EEA citizen. Accordingly there is a right to work in the UK, as long as the EEA spouse is exercising Treaty Right in the UK.

[jumpingzombie]

Thank everybody who's written in this topic!

I'm a EEA FP holder as a wife of a Polish citizen living and working in the UK about 2 years, so do I have a right to work while my EEA2 application is under consideration, even if my current visa is expired in May?
If so, where is it stated in? (EU law or something??)

To the OP: The COA you received should have a general statement referring to non-EEA family members' rights of residence, including freedom to take up employment, while the EEA2 application is being considered. Does it not?

Actually,it doesn't....
Or Im not even sure if all COA letters have the same writing.
So,I'll write what I've received as COA here;

Thank you for your application of 17 February 2010 for a Residence Card or Permanent Residence Card.

We advise you not to make any non-urgent travel plans until we have decided your application and returned your passport(s) or travel document(s).

For up-to-date turnaround times on paticular types of application please visit our website:www.ukba.homeoffice.gov.uk.

We would request that you do not telephone or make written enquiries about the progress of the application before you hear from us unless a passport or other document is needed urgently, as this diverts resources from making decisions.

That's all....
Any information about referring to non-EEA family members' rights of residence, including freedom to take up employment is in other COA???

[677ano]

Thank everybody who's written in this topic!

I'm a EEA FP holder as a wife of a Polish citizen living and working in the UK about 2 years, so do I have a right to work while my EEA2 application is under consideration, even if my current visa is expired in May?
If so, where is it stated in? (EU law or something??)

To the OP: The COA you received should have a general statement referring to non-EEA family members' rights of residence, including freedom to take up employment, while the EEA2 application is being considered. Does it not?

Actually,it doesn't....
Or Im not even sure if all COA letters have the same writing.
So,I'll write what I've received as COA here;

Thank you for your application of 17 February 2010 for a Residence Card or Permanent Residence Card.

We advise you not to make any non-urgent travel plans until we have decided your application and returned your passport(s) or travel document(s).

For up-to-date turnaround times on paticular types of application please visit our website:www.ukba.homeoffice.gov.uk.

We would request that you do not telephone or make written enquiries about the progress of the application before you hear from us unless a passport or other document is needed urgently, as this diverts resources from making decisions.

That's all....
Any information about referring to non-EEA family members' rights of residence, including freedom to take up employment is in other COA???

that is the COA being sent out to unmarried partners of EEA citizens or extended family members of EEA citizens

[jumpingzombie]

that is the COA being sent out to unmarried partners of EEA citizens or extended family members of EEA citizens

Is it?
Is the COA writings same for any EEA FP holders(married/unmarried spouse and extended family),or it's actually different but I've received a wrong one??

[jumpingzombie]

I called and asked the UKBA, and they said it would be legal to stay in the UK while waiting for my resident card even after my EEA FP is expired,as I knew. But, they couln't answer if I'd be eligible to work after the expiry date,and suggested me to call another department 0300 123 46 99 begin_of_the_skype_highlighting              0300 123 46 99      end_of_the_skype_highlighting.

And what the department said is 'PROBABLY you are eligible to work'