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Right to work during EEA(PR) application for Non-EEA family member

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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orangecat
Newly Registered
Posts: 6
Joined: Sun Aug 26, 2018 3:11 pm
United States of America

Right to work during EEA(PR) application for Non-EEA family member

Post by orangecat » Sun Aug 26, 2018 3:21 pm

The situation:
My spouse is an EU citizen and has now worked consecutively for 5 years in UK.

ME: I am an American citizen and thus a non-EEA citizen. I moved here with my spouse 5 years ago on an EEA family visa. I applied for my EEA2 in September 2013 and received the EEA2 residence certificate (which provides my right for employment) in November 2013 (the EEA2 expires in November).

WE: are submitting everything for EEA(PR) this upcoming week. We are aware the process can take sometime.

My question is this:
If the Home office has not granted us permanent residency by the expiry of my EEA2 in November, do I still have the right to work?

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Right to work during EEA(PR) application for Non-EEA family member

Post by secret.simon » Sun Aug 26, 2018 3:43 pm

orangecat wrote:
Sun Aug 26, 2018 3:21 pm
If the Home office has not granted us permanent residency by the expiry of my EEA2 in November, do I still have the right to work?
Yes.

The Home Office does not grant PR. EU law does. The Home Office merely certifies that acquisition of PR under EU law.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

orangecat
Newly Registered
Posts: 6
Joined: Sun Aug 26, 2018 3:11 pm
United States of America

Re: Right to work during EEA(PR) application for Non-EEA family member

Post by orangecat » Sun Aug 26, 2018 4:06 pm

Thanks for the speedy answer and the clarification on the process

Punguru82
Junior Member
Posts: 74
Joined: Thu Aug 23, 2018 2:31 pm
United Kingdom

Re: Right to work during EEA(PR) application for Non-EEA family member

Post by Punguru82 » Tue Aug 28, 2018 12:20 am

I presume will be awarded COA like others that grants you permission to work, always valid up to 6 months soon after you have sent your PR application.

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