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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My partner got suspended from work and will be dismissed

Resolved Question:

My partner got suspended from work and will be dismissed becsuse he has no right to work as his application is pending with the HO. He is a EEA family member. This process can take upto 3 months, maybe longer. In the meantime he has no income. Can he apply
for benefits? How can anyone expect me to pay for everything! Your advise would be greatly appreciated. He has been in this country for more thsn 20 years.And had a 5 year say being an EEA family member.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
What nationality is your partner please?
Kind regards
Tom
Customer: replied 2 years ago.
Senegalese
Expert:  Thomas replied 2 years ago.
Hi,
What visa/permit did he most recently have?
Kind regards,
Tom
Customer: replied 2 years ago.
EEA residence permit for 5 years which run out in September. Lawyer submitted everything in time to apply for permanent residency.
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I think his employer has incorrectly suspended him but it’s understandable.
Basically, his right to work in the UK as the family member of an EEA national even though his residence card has expired. Technically there is no requirement to actually apply for a residence card:-
https://www.gov.uk/apply-for-a-uk-residence-card/overview
The reason why it’s sensible to have a residence card is because it helps employers understand but the residence card itself is not where the right to work derives from under EEA rules. The right to work derives from the fact that the person remains married to the EEA national. It also does not cease simply because they have made an application for PR. It should continue.
I expect that the employer is confusing the rules and I would suggest that you instruct a solicitor to write to them on their headed paper advising that the suspension is incorrect given that his right to work is maintained because of his continued married to youand that they should reinstate him.
He cannot claim any benefits, if he does then his application for PR would likely be rejected. Additionally, you – as the eea national – cannot claim benefits on his behalf and must not claim any more benefits that you otherwise would have claimed if your spouse was not in the UK.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.
I should have mentioned that we are not married, but living together and have 2 children.
Expert:  Thomas replied 2 years ago.
Hi,
I presume that his residence card was granted on the basis that you were considered "unmarried partners" for the purpose of the EEA rules and on that basis the situation is the same provided that you remain in a loving relationship.
Kind regards,
Tom
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