COA: Can I continue to work while a decision is being made?

[catnap2012]

I'm on Tier 1 visa and switching to EEA2. I received the 'Certificate of Application' letter today, having send in my application 9 weeks ago. I thought the letter was going to state that I could continue working until a decision was made? But the letter states :

"At this stage we are unable to confirm your right to work in the UK. This will depend on the outcome of the application."

there information on the reverse of the letter:

"..Any right to work in the meanwhile will depend on your having some alternative basis of say in the UK which does not prohibit access to employment or self employment"

My Tier 1 expires mid July and if I dont have the outcome of the EEA by then, which is possible since it can take six months, does this mean I have to stop working? I thought the rule was, while a decision is being made I could continue as per the rights on my existing visa, or does this only apply for Tier 1's renewing again to Tier 1 or Indefinite Leave to remain?

[Lucapooka]

Obviously you can work until the end of your Tier 1 leave in July. Then, you don't have to stop working but it's up to you employer if they wish to retain you on the basis that your outstanding application for a residence card may or may not have merit, and might be refused. If this were an application under UK rules your previous leave would remain valid until the outcome of the decision on the new leave, but I'm not sure that applies when switching to EU rules. Others may be able to enlighten you further and offer a better answer.

[Directive/2004/38/EC]

Are you married to an EU citizen?

[catnap2012]

I'm engaged to my partner but we are not planning to get married until the Summer of next year so I applied for the 'Unmarried partner'.

[Lucapooka]

Have you lived together for two years in a relationship akin to marriage?


Durable Partners
The following conditions should normally be satisfied:
The parties have been living together in a relationship akin to marriage which has subsisted for two years or more.
The parties intend to live together permanently.
The parties are not involved in a consanguineous relationship with one another (i.e. they are not blood relatives who would not be allowed to marry as this would constitute incest).
Any previous marriage (or similar relationship) by either party has permanently broken down.

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

[Jambo]

Keeping the status of your current visa until a decision is made on the new application ("Section 3C" protection) doesn't apply when switching from Tier-1 to EEA regulations.

Under the EEA regulations, as unmarried partner, you don't have automatic right to work in the UK.

See more - Section 3C and EEA applications.

[catnap2012]

I just read a post about how an employer cannot tell you to stop working, because as a family member we have the right to work and the RC just confirms it:
http://www.immigrationboards.com/viewtopic.php?t=106335

and this article:
http://www.freemovement.org.uk/2011/12/ ... dismissal/


But does this only apply to people who are renewing their EEA2? Rather than someone switching to EEA2? Does it say in

Would it make a difference if rather than waiting for next Summer to get married, to get married immediately?

Thanks

[EUsmileWEallsmile]

If you were married life would be very simple. Unmarried people have a harder time demonstrating that they qualify.