Hello
my partner is a Mexican student currently living in the UK on a Tier 4 student visa. She's about to submit her PhD thesis in December and is looking for a job afterwards. I am a German citizen exercising treaty rights in the UK. We are not married but have a child together, lived together for 2+ years, etc.
We are planning to apply for RC in a few days time. As I understand, the COA will not confirm her right to work until a final decision has been reached because we are not married.
(Un)fortunately, the perfect job for her came up and the application deadline for it is today (starting day 01/Jan/2014). We would like to say in the covering letter and the online application tool that she does not require sponsorship from the employer and has the right to work in the UK. I believe this is technically correct as we fulfil all the requirements and she is legally entitled to obtain a RC (let's hope the UKBA does not disagree). Saying so may increase her chances to be shortlisted and offered her job as the employer would otherwise need to demonstrate that no EEA national that applied was suitable for the job, so they can give it to a non-EEA national and act as sponsor. However, when she starts her job HR will request evidence that she's allowed to work in the UK.
Now, when I called UKBA they said that the employer can call their ECS (Employer checking service?!) and get confirmation whether she can or cannot work. I fear that UKBA/ECS will simply repeat what the COA states. Or do they take a closer look at the application and come up with a more informed decision? After all, this may well be a few weeks down the line from the COA. Does anyone has experience with this? Any other suggestions what we can do? We don't want to p*ss off the employer in case she wants to apply again in the future.
Any help appreciated!
Cheers
Nils
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