How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your Law Question Here...
UK_Lawyer is online now

I currently hold a valid EEA family permit (unmarried

Resolved Question:

Hi,
I currently hold a valid EEA family permit (unmarried partner of an EU citizen) which is expiring on July 15th. A month ago I applied for a residency card in order to make things easier since it wasn't mandatory to have one (although, apparently now it is). The Home Office says they can take up to 6 months to make a decision regarding my application. Last week I received the CoA letter (certificate of application) saying that they could not confirm my right to work until a decision has been made about my residency card.
Our problem is that I already have a permanent job and I am afraid that after my EEA family permit expires I won't be able to prove my right to work to my employer.
My question is: Do I have to quit my job after the 15th of July? (date the EEA family permit expires)
Can you advise me on what I need to do to request a change to the CoA letter in order to confirm my right to work to my employer? Please keep in mind that I started working because I was granted an EEA family permit that allowed my to stay and work in the UK.
Thanks in advance.
Veronica
Submitted: 1 year ago.
Category: Law
Expert:  UK_Lawyer replied 1 year ago.
Hi, thank you for your question, I will be happy to help you today.
Was your permit valid for 6 months?
When did you receive the letter from the home office?
Kind regards
Customer: replied 1 year ago.

Hello,

Thanks for your reply.

Yes, my EEA Family Permit is valid for 6 months (I believe most of them are only for that length, after which you can apply for the residency card).

The CoA letter (certificate of application) is dated 14 of May 2015 and I received it by post on 23 of May 2015.

Are you aware of any possible solutions so I can continue working while I wait for their decision regarding my application?

Many thanks.

Veronica

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
Usually the home office does clearly state that an applicant is allowed to work and the onus is usually on the employer to view the documents and confirm that the employee has the correct documents to undertake employment.
It is for this reason I usually state to my clients to not work until the home office have explicitly stated that you have been given permission to work. In your case i would recommend to cease employment until the home office have given you written confirmation to undertaken employment. The fact is that the employer can ask you for confirmation from the home office and if they have not given this then you may be suspended or have your employment terminated.
I would recommend that you write to the home office asking them for permission to work, if this is given then fine you may continue employment, if not then I would recommend that you cease employment until either a decision is made or your application is accepted.
What usually happens is that the home office send this letter and shortly thereafter an second letter confirming your right to work in the UK, so it may just be worth waiting a little longer for the second letter.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 1 year ago.

Hi,

Many thanks for your reply. I believe that the CoA is the second letter you refer to. This estates explicitly that they cannot confirm my right to work until a decision is been made because I am applying as an extended family member (unmarried partner).

The reason I started to work in the first place is because my EEA family permit explicitly allows me. I was expecting my CoA to continue granting me the right to work, because that is what it normally does to people who is waiting for an answer on their residency application. Nevertheless, apparently it cannot confirm my right to work, just because I am applying as an unmarried partner and not as any other of the options of family member.

I guess my question is if it is possible to continue employment by appealing the Home Office to consider my case because I am currently employed. Do you think that if my employer approaches them to expedite my residency card they could consider it?

Thank you.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.
No i believe that this would not be the best way to proceed as your application will be granted on the basis of your relationship NOT on the basis of you having employment in the UK.
In my opinion it would be better to write a letter to home office asking them to grant you permission to work and stating how it would effect you if you were unable to undertake employment. This is exactly what I did for one of my clients and I was shortly sent a letter confirming the clients right to work.
I hope this clarifies the matter, if so please provide a rating so I can get credited for my time.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice