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EEA expired

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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pharaoh
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Location: London

EEA expired

Post by pharaoh » Sun May 19, 2013 8:37 pm

Hi everyone;

My EEA family permit for entry the UK has been expired before 3 months. It was valid until 02/2013. And i didn't apply because I needed my passport and my wife's passport to rent new flat.
I have found a job at some company in London and they want to see the work permission from the home. I have seen the home office website many times and its written there that i don't need work permission.

And now I don't know what I have to do with this company and what I have to say to them about this expiry permit. Do I still have the rights to work in the UK or not. And if I have the rights can you tell me what I have to do.

Thanks alot... :)

sheraz7
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Location: UK

Post by sheraz7 » Sun May 19, 2013 8:52 pm

You as a non-EU national donot need the permission to live and work as long as your EU national spouse is exercising its treaty rights. However, for confirmation of your rights just apply EEA2 RC which will grant you COA which you can show to future employer as evidence for right of work until the time your RC arrive.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

pharaoh
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Location: London

Post by pharaoh » Sun May 19, 2013 8:58 pm

Thanks Sheraz, but I'm going to them to start work at the next Tuesday. What shall I do and say when they will see my expired eea family permit ?
In my case do I still have the rights to work ?

Thank you so much for helping :)

sheraz7
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Post by sheraz7 » Sun May 19, 2013 9:04 pm

If your wife is exercising its treaty rights such as student, worker, self employed, self sufficient etc then yes you have right of work even your family permit is expired. You can take the print out of the same UKBA website too to support your information to employer.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

ukforever
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Post by ukforever » Sun May 19, 2013 9:13 pm

sheraz7 wrote:You as a non-EU national donot need the permission to live and work as long as your EU national spouse is exercising its treaty rights. However, for confirmation of your rights just apply EEA2 RC which will grant you COA which you can show to future employer as evidence for right of work until the time your RC arrive.
don't forget to certify a copy or 2 of your passport,it would be difficult for you to prove your identity to any prospect employer if u just show up with only the COA ... when u apply for a job in the uk,most of the time,the employer ask for the passport,proof of eligibility to work in the uk(your COA) and proof of address,bank account ect..it depends,but usually,this is what u would be asked to bring..

when u send your EEA2 application for residence card,u have to send your passport with the rest of the documents and u have to wait for a couple of weeks for the COA with right to work,unless you ask for the return of the passport,its not guaranteed that they will send it right away,some peoples waited months to get it and some few weeks..its your choice.

it would be difficult for u to get a job in your situation right now,i advice u to apply for the residence card then after you receive the COA it will state your right to work for 6 month from submitting your RC application,as long as your application is under married to an EEA citizen,if applied under the unmarried EEA partner,i'm afraid you will get a COA with no right to work,until the home office take the decision to grant u the RC,it could take up to 6 month.
UK------++++-------****

ukforever
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Post by ukforever » Sun May 19, 2013 9:21 pm

sheraz7 wrote:If your wife is exercising its treaty rights such as student, worker, self employed, self sufficient etc then yes you have right of work even your family permit is expired. You can take the print out of the same UKBA website too to support your information to employer.
yeah,sure,but who is willing to risk a heavy fine for employing someone with no proof that they have the right to work in the uk,i agree with u that this is how it should be,i know it,u know it,but most employers in the uk don't,they are not going to take a risk to employ some one in this situation..most of them are not aware,unless they ring the home office number dedicated to employers who wants to check prospect immigrants nationality and eligibility to work in the uk,this is the only way in my book that i'm aware of in this situation....
i can't see any employer risking heavy fines just if they see some print outs of the ukba websites stating /supporting anyone's right to work in the uk as the spouse of an EEA/EU citizen.
not all employers are aware of it.
UK------++++-------****

pharaoh
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Joined: Sun May 19, 2013 8:27 pm
Location: London

Post by pharaoh » Sun May 19, 2013 9:26 pm

Thanks a lot to both of you.

Sheraz, where can I find the information that I have to show to the employer?.

Can you send me the link please ?
:)

ukforever
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Joined: Sat Jan 12, 2013 5:37 am

Post by ukforever » Sun May 19, 2013 9:30 pm

pharaoh wrote:Thanks Sheraz, but I'm going to them to start work at the next Tuesday. What shall I do and say when they will see my expired eea family permit ?
In my case do I still have the rights to work ?

Thank you so much for helping :)
i'm almost 100% sure u will be sent back,but i hope u get someone who is aware or been in the situation of hiring someone in the same situation like yours...its not common for employers to employ people this way,i'm sure they have to follow a certain protocol in employing immigrants to avoid employing illegal ones,so i'm afraid you have to wait until u get all your tangible proofs that will allow u to get the job u want with less headache.
nevertheless,there is no harm in trying,maybe you will get surprise/hired..u never know...i wish u luck.
UK------++++-------****

sheraz7
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Location: UK

Post by sheraz7 » Sun May 19, 2013 9:49 pm

pharaoh wrote:Thanks a lot to both of you.

Sheraz, where can I find the information that I have to show to the employer?.

Can you send me the link please ?
:)
Just go to UKBA website and read through the section relates to EEA national and family members. And also be remembered that family members of EU nationals have greater work rights than the ones who need work permission under UK points based categories because EU family members have automatic rights even without permission despite its confirmation ease the life.
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REGARDS

sheraz7
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Location: UK

Post by sheraz7 » Sun May 19, 2013 9:55 pm

And despite it will depend on the discretion of your employer and the level of the knowledge he/she possess regarding directive but still undeniably Non-EU national has right of work if its eu national spouse is a qualified person even with expired visa.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

ukforever
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Post by ukforever » Mon May 20, 2013 12:19 am

sheraz7 wrote:And despite it will depend on the discretion of your employer and the level of the knowledge he/she possess regarding directive but still undeniably Non-EU national has right of work if its eu national spouse is a qualified person even with expired visa.
regardless,we all here know that but employers don't bother and will never take a risk,if u go to the ukba website,it doesn't say anywhere that employers can employ people with expired visa/no documentation proving eligibility to work in the uk,the onus is not on the employers but on the immigrants to prove that they have the right to be here and work,to do so,u need the COA with right to work and passport,not just print outs from the ukba website stating the rights of eu citizens and their non eu family members..at the end of the day,no employer will employ someone with an expired visa,if home office make a visit to that employer,he will have too much explaining to do,and i think that most would avoid being in that situation..
i'm just saying,the OP may try his luck,but in my opinion he is going just to waste his time and get stressed about it for nothing,nevertheless,he has nothing to lose if he tries,but the inevitable will happen and he will be sent back empty handed..i wish him luck and lets see what will happen tuesday.
UK------++++-------****

vinny
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Post by vinny » Mon May 20, 2013 1:07 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Mon May 20, 2013 2:06 am

Many thanks Vinny for this link that also highlight the right of work of EEA family member. Brilliant.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Mon May 20, 2013 7:54 pm

As others have pointed out, you can work (provided family member is exercising treaty rights).

I recommend that you apply for a residence card as soon as you can.

thk
Newbie
Posts: 36
Joined: Fri Aug 17, 2012 7:15 am
Location: UK

Post by thk » Tue May 21, 2013 4:38 pm

I'd say you would be lucky to find someone willing to employ you without the correct paperwork, even if you do 100% have the 'right' to work. If you can't prove it, then the employer is liable.

My wife was in this situation, she had employment using her COA, the COA expired because the UKBA lost her Resident Card (even though it had actually been granted) her work refused to pay her.

Her work were very good - they allowed her to keep her job just with no wages, which she was happy about as she didn't want to loose it! They called the UKBA to get them to confirm her right to work on the employers helpline and the UKBA told them that it wasn't their problem and they couldn't do anything to confirm her right to work! Useful as ever!

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Tue May 21, 2013 7:41 pm

@thk, did you complain to anyone?

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