EEA unmarried partner - No work

[bbabruno]

Good Evening all

Apologies if this has already been asked on another topic. I'm looking for some advice since I'm getting quite concerned regarding my current rights and status in the UK.

With my 5 year EEA family member visa ending in Feb-216 (sponsored by my mother which is a portuguese citizen), I have submitted an EEA4 ILR in September 2015 this time sponsored by my polish partner, soon after I have received the COA without work entitlement, which at that point was concerning but I still had visa.

After february and under pressure from the employer, I have sent a letter to the Home Office asking them to at least confirm my right to work since we have provided all we seem required to prove a stable relationship: tenancy agreement, joint bank statements, etc, this has now been denied by the HO and still no response.

It is frustrating that without asking for any further evidence of the relationship, the HO will hold the documentation of two citizens, put jobs in jeopardy, and don't provide any updates regarding my situation.

So I kindly ask your advice: Based on my situation what would be my current entitlement to work and live and what are my options?

Time line for EEA4 (un-married)
Payment taken-25/09/2015
Bio letter dated-30/09/2015
Bio done-12/10/2015
COA- 30/09/2015(without work)
Resident Card-pending

Thanks in advance,
Bruno

[noajthan]

This is normal procedure by HO, and is par for the course for unmarried partners of EEA nationals who apply for a RC.

As the family dependent of an EEA national exercising treaty rights you have a right to work, reside, study.
It's just hard to prove it to anyone who needs to know (eg prospective employer, landlord, bank manager & etc).

But you mention applying for ILR, by which I think you mean PR (in EU context);
and you mention EEA4 - the old name for PR.

Just wondering why you recently received a COA if applying for a confirmation of PR card and not a EFM RC?

[bbabruno]

This is normal procedure by HO, and is par for the course for unmarried partners of EEA nationals who apply for a RC.

As the family dependent of an EEA national exercising treaty rights you have a right to work, reside, study.
It's just hard to prove it to anyone who needs to know (eg prospective employer, landlord, bank manager & etc).

But you mention applying for ILR, by which I think you mean PR (in EU context);
and you mention EEA4 - the old name for PR.

Just wondering why you recently received a COA if applying for a confirmation of PR card and not a EFM RC?

I have received the COA (for PR or ILR), over 8 months ago, and yeah proof is the thing...

[noajthan]

I have received the COA (for PR or ILR), over 8 months ago, and yeah proof is the thing...

This HO guidance may help explain what is happening to your case:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 25+

[CR001]

@noajthan - I am confused and perhaps you could explain. The OP was on a 5 year residence permit as the family member and the sponsor being the OPs mother. The OP has submitted EEA4 PR application with their Polish partner as sponsor and not the EU cit mother. Is this permitted, to apply for PR with another sponsor when the residence card (now expired) is issued as a dependent direct family member?

With my 5 year EEA family member visa ending in Feb-216 (sponsored by my mother which is a portuguese citizen), I have submitted an EEA4 ILR in September 2015 this time sponsored by my polish partner, soon after I have received the COA without work entitlement, which at that point was concerning but I still had visa.

[noajthan]

@noajthan - I am confused and perhaps you could explain. The OP was on a 5 year residence permit as the family member and the sponsor being the OPs mother. The OP has submitted EEA4 PR application with their Polish partner as sponsor and not the EU cit mother. Is this permitted, to apply for PR with another sponsor when the residence card (now expired) is issued as a dependent direct family member?

With my 5 year EEA family member visa ending in Feb-216 (sponsored by my mother which is a portuguese citizen), I have submitted an EEA4 ILR in September 2015 this time sponsored by my polish partner, soon after I have received the COA without work entitlement, which at that point was concerning but I still had visa.

Yes, an applicant/family dependent may (as per my understanding) switch EEA sponsors. Will dig out the relevant info when I get a minute.

[noajthan]

It appears that...

An EFM who switches sponsors must re-apply for a RC to reconfirm their status.

An FM switching to become an EFM by switching sponsor may face a less rigorous test.

See HO guidance on this matter:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 28+

As long as OP went through process of notifying HO of such a change and re-applying for RC/s at the appropriate time/s all should be good.
I don't have time to re-read the original post in full at the moment so will leave that as an exercise for the interested reader (& OP).

[Richard W]

So I kindly ask your advice: Based on my situation what would be my current entitlement to work and live and what are my options?

You really haven't given us enough information to be able to answer the question.

Strictly speaking, you have no rights on the basis of your durable partner until such time as a residence card is issued.

However, you may have rights because of your Portuguese mother.

For example, if you are under 21, and your mother is working in the UK, then you still have the right to work and reside because you are her daughter.

If you were under 21 when your residence card expired, you lived in the UK all the time you held that card, and your mother was exercising treaty rights (e.g. by working) in the UK all that time (5 years), then you have acquired permanent residence, and should have applied for a permanent residence card with your mother as sponsor. There is nothing special about the residence card in the acquisition of permanent residence - the qualifying 5 years may have started earlier, and could, though unlikely, have been completed later.

If you are over 21, but you and your partner are part of the same household as her, then you might still qualify via her. It would depend on whether you and your mother lived together before you came to the UK.

[bbabruno]

So I kindly ask your advice: Based on my situation what would be my current entitlement to work and live and what are my options?

You really haven't given us enough information to be able to answer the question.

Strictly speaking, you have no rights on the basis of your durable partner until such time as a residence card is issued.

However, you may have rights because of your Portuguese mother.

For example, if you are under 21, and your mother is working in the UK, then you still have the right to work and reside because you are her daughter.

If you were under 21 when your residence card expired, you lived in the UK all the time you held that card, and your mother was exercising treaty rights (e.g. by working) in the UK all that time (5 years), then you have acquired permanent residence, and should have applied for a permanent residence card with your mother as sponsor. There is nothing special about the residence card in the acquisition of permanent residence - the qualifying 5 years may have started earlier, and could, though unlikely, have been completed later.

If you are over 21, but you and your partner are part of the same household as her, then you might still qualify via her. It would depend on whether you and your mother lived together before you came to the UK.

Thanks for your reply,

I'm currently 29, and my mother is no longer a member of our household, that's why I decided that my partner was the most suitable sponsor and we had all the evidence to support it. If I qualify under a different criteria, how would I apply? would I have to ask my passport back and collect all the evidence to support the new application?

The thing I don't understand is, despite the COA without work, if they had processed my application within 6 months my visa would likely not have expired and I would have had the evidence required for my employment. They are holding the application now for about 8 months, have never seeked any further evidence or clarification from us and may cause me to lose my job despite meeting the requirements for work under a durable relationship with an europen citizen