Work Permit while EEA2 in process

[lisa.amin]

I had a question about my work status and wanted some clarity on this.

I am currently on a Tier 1 Post Study Work Visa which expires on 16 May 2013. On 30 March, I have submitted my application to UKBA for a new visa (a resident card) under the EEA2 Unmarried partner category, with my live-in partner of 2+ years; he is Italian.

I have received the Certificate of Application which states that under 'Unmarried Partnership' category 'any right to work in the meanwhile will depend on me having some alternative basis of stay in the UK which does not prohibit access to employment', which I believe means that I don't yet have the right to work arising from my relationship with an EU citizen, but that I can work if I had the right to do so before I applied.

Also, the UKBA website states that "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."

So my understanding is that by making an application before 16 May, the conditions of my current Tier 1 PSW visa (allowing me to work) are extended until such time as the decision on your EEA2 application is made, even if this is after 16 May.

I have been working legally since August 2011, paying my taxes and NI contributions. Please could you therefore confirm if I am allowed to work? As my current employer will not be able to keep me if they don’t have clear written confirmation from UKBA. My employer had checked with the Employment checking service and their response was to contact the UKBAeuropeanenquiries@ukba.gsi.gov.uk, as the Employment Checking Service could not confirm my right to work under the application, based on the info they had.

I have emailed them on 10 May but have not received any acknowledgement or idea as to how long it would take them to respond.

Im desperate and really look forward to hearing back from you as otherwise I will lose my job.

Thanks!
Lisa

[Jambo]

See similar discussion - Does an EEA4 application trigger section 3C?.

[sheraz7]

Usually section 3C applies to in time applications under UK immigration system that extends the existing leave and its attached conditions/rights (such as work rights if any) till decision but unfortunately it does not exist under EEA system. For application as unmarried partner UKBA does not confirm right of work until the application is successful in contrary to the application made as married partners whereby the right of work starts automatic.