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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 313
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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My question: is the non-EEA spouse of an EEA citizen

Resolved Question:

Hi,
My question: is the non-EEA spouse of an EEA citizen eligible to work in the UK in the interim period between when her current Residence Document expires and before an EEA(PR) Certificate of Application has been received, confirming the right to work while the EEA(PR) application is processed?
Background: I am a German citizen, my with is a citizen of the USA. We moved to the UK over 5 years ago, during which time I have been continuously employed by the same employer (i.e. I exercised treaty rights). My wife's current residence documentation is about to expire; and although we submitted an EEA(PR) application, due to an apparently increased case load the Home Office has not yet responded, so we don't have a Biometrics appointment letter yet.
My wife's employer thinks she will not be allowed to work after her Residence Document expires; but I think this is not the case (e.g. http://www.newlandchase.com/immigration-insights/newland-chase-blog/a-dilemma-for-employers-do-non-eea-family-members-need-to-provide-proof-of/). I would like to be able to convince her employer that it will be legal for her to continue to work while we wait for our aplication to be porcessed.
Can you help answer this question?
Thank you very much,
Alexander Senf
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Frantz I replied 10 months ago.

Hello

Thank you for your enquiry.

Yes as along as the application is sent in before the expiry.

While the decision is being made, an applicant continues to have the same status as they had until a decision is made so long as they sent their application prior to the expiry.

Customer: replied 10 months ago.
Thank you very much.Just to clarify: we have not received a case number *****; the application was received, and the fee was taken out of our account, but we have not received any further communication from the Home Office yet. I know that once we receive a CoA the right to work is confirmed in that certificate - but what can I do to prove that this right exists beforehand?
Expert:  Frantz I replied 10 months ago.

It is a general rule in UK immigration law

Customer: replied 10 months ago.
That sounds good. But my wife's employer insists that without documentation that states clearly that my wife is allowed to work they would be liable to fines from the UKBA for breaking the law; they are not willing to act on anything else at the moment.Anyway, thanks for your help.
Expert:  Frantz I replied 10 months ago.

I understand. If you made your application through a lawyer they will be able to confirm your application is valid. But if you sent it yourself, employers are so nervous and it is best to get a Certificate of Application. Your employer has an option to ring the Home Office's hotline to get confirmation. You can find the number by googling it.

Please rate before you leave if you would. Thanks

Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 313
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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