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Howard
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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AS NON EEA FAMILY MEMBER OF AN EEA NATIONAL WHO HAS BEEN EXERCISING

Resolved Question:

AS NON EEA FAMILY MEMBER OF AN EEA NATIONAL WHO HAS BEEN EXERCISING TREATY RIGHTS FOR THE PAST 6 YEARS, DO I NEED ANY FORM OF DOCUMENTATION TO PROOF MY ELIGIBILITY TO REMAIN IN EMPLOYMENT IN UK?
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Howard replied 4 years ago.
You do not have to get residence documents BUT you are strongly recommended to do so as it makes it far easier for employers to employ you. They have a legal obligation to ensure that employees have the right to work in the UK. Without a residence document to prove that right you would have to ensure the employer understood the rules and then prove to the employer that you are a family member and that the EEA member is exercising treaty rights.

After 5 years you automatically have indefinite leave and therefore after 6 years you can apply for naturalisation as a British Citizen even if you did not make a formal application for indefinite leave to remain.

It is definitely a good idea to make an application.
Customer: replied 4 years ago.

As a non EEA spouse of an EEA national that has been exercising EU treaty rights for the past 6 years as a worker/self employed in UK, has my employer whom i have worked with for close to 6 years any right to suspend me without pay from my job simply because i choose to file in a fresh application for the confirmation of my permanent residency status instead of appealling the UKBA decision to refuse my previous application. If yes, which section of the law of the land backs this up.

Expert:  Howard replied 4 years ago.
I cannot advise accurately without full disclosure so please confirm the full reasons for refusal. If this was simply due to errors that you made with your application then it might not be too much of an issue. Has the employer dismissed you or is your question hypothetical?
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Customer: replied 4 years ago.

The refusal was on the ground that i did not provide enough document to back my application and i was given the right to appeal. But i choose to then made a fresh application which was adviced to be easier and quicker by UKBA on their website and also on their letter of refusal to me. i have not been sacked. Just wanted to know where i stand on this matter asit has caused my and my family a great deal of stress.

Expert:  Howard replied 4 years ago.
In that case you are making the right decision. Make sure that you provide everything required this time.

You should not be concerned about work. They have a duty to ensure that you have the right to work. The family member of a EEA national exercising treaty rights has the right to work in the UK and the employer should be satisfied simply by you providing evidence of the relationship and evidence of the EEA member working in the UK. The fact that they are already employing you for such a long period indicates that they are already satisfied about this and I would doubt you need to be worried about the employer.

I hope that this answers your question and wish you the best of luck with your new application. If you require further assistance or clarification then please do not hesitate to ask.

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