Author Topic: Right to work in the UK  (Read 271 times)

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Offline farmgirl

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Right to work in the UK
« on: December 19, 2017, 06:03:45 PM »
I am sure that this question has been asked more than one time.  When I put it in the search bar, it looked like it had been some years -- and seeing how we are in the midst of Brexit, I wanted to pose the question again.

I am American and the spouse of an EU citizen.  I've now been in Colchester, Essex for four months and am looking for work.  I went on a kind of an interview today and it seems promising, but the issue of right to work came up.

Toward the end of November I submitted paperwork for FM, residency card, I received an email from the home office stating that the paperwork was received.  Then about a week later I got my appointment for the biometrics.  About two weeks ago I went to my local post office and did the biometrics and that was sent off.

So -- while I wait for the residency card, which I'm told can take upwards of six months, can I work?  I went through the Gov.uk website and tried to answer the questions, but I wasn't really sure how certain things were defined.  So, I ended up with "may have the right to work" or "does have the right to work".  Can anyone advise?

Offline ksand24

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Re: Right to work in the UK
« Reply #1 on: December 19, 2017, 06:17:35 PM »
After giving biometrics (within 21 days) you should receive a Certificate of Application... this should state what your immigration status is while your residence card is processing. It should say on there whether or not you are allowed to work:
https://www.gov.uk/government/publications/eea-residence-card-applications-certificates-of-application/eea-residence-card-applications-certificates-of-application

There is also an employer checking service that a potential employer can use to find out if you have the right to work in the UK:
https://www.gov.uk/employee-immigration-employment-status


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Offline BertineC

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Re: Right to work in the UK
« Reply #2 on: December 19, 2017, 07:07:11 PM »
Yeah - I had an employer wanting to see the CoA, even though I had all my stamps for the 6 month family permit in my passport, because it was more of a guarantee for them in the short term. When I got the 5yr RC then I had to submit that to HR as well.

This was a FTSE100 company and they didn't want to do the online check either on the website, it was CoA or bust for them. Thankfully they were willing to wait for it to appear!

Offline ksand24

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Re: Right to work in the UK
« Reply #3 on: December 19, 2017, 07:21:53 PM »
Yeah - I had an employer wanting to see the CoA, even though I had all my stamps for the 6 month family permit in my passport, because it was more of a guarantee for them in the short term. When I got the 5yr RC then I had to submit that to HR as well.

Sometimes the CoA says that you can't work while it's processing, even if you have an EEA Family Permit, so I think the company was right to ask to see it (I'm pretty sure someone was in that situation a year or two ago, where they expected to be able to work but their CoA said otherwise).

It's also a requirement to submit your RC to HR too, as they have to make sure everyone they employ is legal at all times and the RC is your official proof of right to work, since the EEA FP is only valid for 6 months and the expiry date on it might imply you were no longer legally allowed to work (even if that's not actually the case).

Offline Sirius

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Re: Right to work in the UK
« Reply #4 on: December 19, 2017, 11:45:56 PM »


It's also a requirement to submit your RC to HR too, as they have to make sure everyone they employ is legal at all times and the RC is your official proof of right to work, since the EEA FP is only valid for 6 months and the expiry date on it might imply you were no longer legally allowed to work (even if that's not actually the case).

Except that for non-EEA citizens, their RC becomes invalid if their EEA sponsor ceases to be an EU "qualifed person" or does not have PR. The end date on a RC means nothing. i.e. while the UK is in the EU, the RCs must still be issued for 5 years, even though EU law in the UK ends on Brexit.

Only that non-EEA citizen RC holder knows if they are working when they no longer have the right to work. A copy of their RC means the employer will escape their offence but in June 2016, the UK brought in working being a criminal offence for the worker too.

Farmgirl doesn't need an RC as she is married to her EEA sponsor and is therefore a Direct Family Member. She entered under a UK FP and while her spouse is being an EEA qualified person, she has an automtic right to reside and work under EU law. But you can see why employers want to see an RC and keep a copy, to protect themselves.

Bertine is not married to her EEA boyfriend and is therefore an Extended Family Member. EFMs do not have automatic rights and an EEA country is not under an obligation to take these. Some will not allow an unmarried partner i.e. Germany, France. EFMs do not have the same rights as a DFM has. EFMs must have an FP or RC as they don't have automatic rights under EU law when their sponsor is being a qualified person.
« Last Edit: December 19, 2017, 11:50:32 PM by Sirius »

Offline farmgirl

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Re: Right to work in the UK
« Reply #5 on: December 20, 2017, 08:56:47 AM »
Except that for non-EEA citizens, their RC becomes invalid if their EEA sponsor ceases to be an EU "qualifed person" or does not have PR. The end date on a RC means nothing. i.e. while the UK is in the EU, the RCs must still be issued for 5 years, even though EU law in the UK ends on Brexit.

Only that non-EEA citizen RC holder knows if they are working when they no longer have the right to work. A copy of their RC means the employer will escape their offence but in June 2016, the UK brought in working being a criminal offence for the worker too.

Farmgirl doesn't need an RC as she is married to her EEA sponsor and is therefore a Direct Family Member. She entered under a UK FP and while her spouse is being an EEA qualified person, she has an automtic right to reside and work under EU law. But you can see why employers want to see an RC and keep a copy, to protect themselves.

Bertine is not married to her EEA boyfriend and is therefore an Extended Family Member. EFMs do not have automatic rights and an EEA country is not under an obligation to take these. Some will not allow an unmarried partner i.e. Germany, France. EFMs do not have the same rights as a DFM has. EFMs must have an FP or RC as they don't have automatic rights under EU law when their sponsor is being a qualified person.

Regarding the automatic right of my husband being an EEA QP (he is as he is working full time and intends to continue on with this work for as long as we are living in Colchester), where can I find the documentation I need (to send to a prospective employer) that I do have an automatic right to work?  When I go through the questions, I end up with a "maybe", but perhaps I'm not interpreting the questions correctly.

Offline Sirius

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Re: Right to work in the UK
« Reply #6 on: December 20, 2017, 06:02:00 PM »
Regarding the automatic right of my husband being an EEA QP (he is as he is working full time and intends to continue on with this work for as long as we are living in Colchester), where can I find the documentation I need (to send to a prospective employer) that I do have an automatic right to work?  When I go through the questions, I end up with a "maybe", but perhaps I'm not interpreting the questions correctly.

If they want to, a prospective employer could use the employer checking service link ksand put in her post.

Without an RC you might struggle to get someone to employ you, for the reason I put in my post. If your husband ceases to be a qualified person, then as a non-EEA citizen, you lose your right to reside in the UK. If the employer has a copy of your RC, then they should be covered if you turn up to work when you are not allowed to, as it will then only be you that committed that crime if you don't tell them.

The RC will show that at the time you applied/this was granted, your EEA sponsor was being an EU  "qualified person". Under EU rules, the RC is given in expectation that your EEA citizen sponsor will contiune to be a "qualified person" at all times.

Who should currently apply

You don’t need to apply for a residence card as a family member of an EEA or Swiss national, but it can:

    help you re-enter the country more quickly and easily if you travel abroad
    show employers you’re allowed to work in the UK
    help prove you qualify for certain benefits and services

You must apply for a residence card if you’re an extended family member.

You must apply for a derivative right of residence card if you’re the carer of an EEA citizen or UK national, the carer’s child, or the child of a former worker from the EEA and you’re currently in education.

How long it lasts for

A residence card usually lasts up to 5 years. However, your residence card won’t be valid after the UK leaves the EU.

https://www.gov.uk/apply-for-a-uk-residence-card
« Last Edit: December 20, 2017, 06:16:46 PM by Sirius »