Can spouse of EEA work in the UK without residence card?

[NathanA]

Can the spouse of an EEA national live and work in the UK without a residence card if the EEA national is exercising his treaty rights?

A friend of mine entered the UK on a visitor visa and fell in love with a German man who is exercising treaty rights. My friend travelled to Germany on a Schengen visa and got married there. Now she has travelled back to the UK on a visitor visa along with her husband.

She doesn't want to apply for a residence card immediately as she thinks the Home Office will suspect her marriage to be a sham, i.e. a marriage of convenience to obtain British residency. This is however not the case and both of them are genuinely in love. She plans to continue living with her husband in the UK for a year until she can gather enough evidence to support her residence card application and then apply.

My question is whether she can legally work in the UK without a residence card as all residence documentations under EEA regulations are optional.

I know it will be difficult to convince prospective employers that she is allowed to work but what about Immigration Enforcement or Police?

For example if during an immigration raid she is asked to prove that she is allowed to work in the UK will her marriage certificate suffice as proof?

[CR001]

Yes she can work however, what documents does she have to prove to an employer she has the right to work? A marriage cert is not proof of work rights.

Did she enter as a visitor on her existing visa or declare herself on arrival as the spouse of an EU citizen and get admitted with the appropriate category?

[NathanA]

Yes she can work however, what documents does she have to prove to an employer she has the right to work? A marriage cert is not proof of work rights.

Did she enter as a visitor on her existing visa or declare herself on arrival as the spouse of an EU citizen and get admitted with the appropriate category?

She has no documents with her to prove that she has a right to work. But she can get cash in hand jobs or work in a friend's business after showing him stuff on the internet(such as this thread ) which says that she has a right to work.

She entered as a visitor on her existing visa, she didn't declare herself on arrival as the spouse of an EEA national.

Can she get into trouble during an immigration raid?

[CR001]

Yes, as she only at this point holds a visitor visa which does not allow working.

When did she enter the UK originally?

When did she meet her partner?

When did they get married?

[NathanA]

Yes, as she only at this point holds a visitor visa which does not allow working.

When did she enter the UK originally?

When did she meet her partner?

When did they get married?

She entered the UK in April 2017 and met her partner in her first week here. They got married after a month of courtship.

You say she can get into trouble during an immigration raid as at this point she holds a visitor visa. But you also said that she has a right to work. Can you please elaborate. I am confused and also very concerned for my friend.

I am very thankful for your replies.

[CR001]

Doesn't really look good to anyone to be honest and does seem like a marriage of convenience.

She should apply for a residence card, it will make life easier and secure her somewhat with brexit happening.

What is her nationality?

The difficulty she has is proving her right to work. Employers face huge fines and would likely hire someone who documents her her, regardless of wheat the regulations say.

Working cash in hand is also not a solution (not paying tax/NI etc).

[NathanA]

Doesn't really look good to anyone to be honest and does seem like a marriage of convenience.

She should apply for a residence card, it will make life easier and secure her somewhat with brexit happening.

What is her nationality?

The difficulty she has is proving her right to work. Employers face huge fines and would likely hire someone who documents her her, regardless of wheat the regulations say.

Working cash in hand is also not a solution (not paying tax/NI etc).

She realises that it seems like a marriage of convenience even though it is not.

That is why she wants to delay applying for her residence card for a year or until the Brexit cut-off date for EEA migrants is announced. She fears that if she applies for her residence card now she will be refused and this will lead to deportation.

She is a Nepalese citizen.

Her biggest concern is whether she can get into trouble during an immigration raid or spot check. As residence documentations under EEA regulations are optional can she not show her marriage certificate to immigration enforcement or police if asked to prove that she is in the country legally? I understand that a marriage certificate won't be accepted as proof of work rights by employers.