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Can I stay and continue work in UK if PR is refused?

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Elenamallorca
Newly Registered
Posts: 8
Joined: Sat Dec 17, 2016 1:34 pm

Can I stay and continue work in UK if PR is refused?

Post by Elenamallorca » Sat Dec 17, 2016 2:14 pm

First about myself: I'm non-EU citizen; spouse of British citizen; we have a child together (born in Spain in 2006); came to UK in 2011; have EEA Family Residence Permit under SS route; just applied for Permanent Residence and want to be prepared.
My husband hasn't been working for a year and a half due to illness, was put on ESA (didn't get any payments from them though because of mu earnings, just support to find suitable employment); last week he finally started part-time work.
My question is: should my application for PR be refused on grounds of insufficient evidence of continuous exercise o f Treaty Rights, or on any other grounds for that matter, can I still remain and work in UK under EU law if he is working now?
Thank you.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Can I stay and continue work in UK if PR is refused?

Post by Obie » Sat Dec 17, 2016 6:08 pm

In law you should not have difficulties qualifying. Your husband does not require to be working upon your return.
Smooth seas do not make skilful sailors

Elenamallorca
Newly Registered
Posts: 8
Joined: Sat Dec 17, 2016 1:34 pm

Re: Can I stay and continue work in UK if PR is refused?

Post by Elenamallorca » Sat Dec 17, 2016 7:32 pm

Thank you, Obie, for your reply. However, what did you mean by "on your return"? I am in the UK already living with my husband and working. Do you mean that if my Permanent Residence application is refused, I would have to leave UK first?

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