Working while waiting for Residence Car

[europehelpme]

Hi all,

I am a non-EEA national married to a Spanish passport holder with a European ID card.

I have entered the UK on a 6 month EEA Family Permit.

I have sent the application off for the 5 year Residence card. As per the application I had to send my passport and my spouse's passport for the application. My spouse still has her ID card however.

I have just been offered a job and the employer wants to see my right to work in the uk.

I don't have a copy of my passport so can not provide the passport to show I have a 6 month EEA permit while waiting for the Residence card.

Would I be able to show my marriage certificate and my spouses EEA national id card to prove I have the right to work in the UK? Technically, the Residence card is not really needed to show right to work in the UK?

If they do not approve the above strategy and want to see my passport to prove I have the right to work in the UK can I request my passport back whilst the Residence Card is being processed or will this jeopardise my Residence Card application?

I am still waiting for the C.O.A letter to come.

[dan1988uk]

Hi all,

I am a non-EEA national married to a Spanish passport holder with a European ID card.

I have entered the UK on a 6 month EEA Family Permit.

I have sent the application off for the 5 year Residence card. As per the application I had to send my passport and my spouse's passport for the application.

I have just been offered a job and the employer wants to see my right to work in the uk.

I don't have a copy of my passport so can not provide the passport to show I have a 6 month EEA permit while waiting for the Residence card.

Would I be able to show my marriage certificate and my spouses EEA national id card to prove I have the right to work in the UK?

If they want to see my passport and my visa, can I request my passport back and will this jeopardise my Residence Card application?

I am still waiting for the C.O.A letter to come.

It is very unlikely that someone can give you a job without showing them at least your ID (it's also hard to get a job with passport and EEA FP before receiving the residence card, unless you know well your employer or he/she knows the European directives). Anyone if more than 10 days from your application have passed you can ask for your passports back without withdrawing your application. (I did but after receiving the CoA for my wife). Anyway, did you ask your employer if it's fine to give you a job just with the EEA FP? Otherwise you have to wait for the CoA.

[europehelpme]

I have a New Zealand drivers license.

It has been over 10 days since I applied for the Residence Card application. WOuld it be best I just request my passport back?

I can show them my nz drivers license, marriage certificate and wifes European national id card.

[europehelpme]

Can someone give me an example of what a C.O.A letter looks like?

[dan1988uk]

Did you receive the biometric enrollment letter?

[europehelpme]

Yes i have and gave my fingerprints 2 weeks ago.

[dan1988uk]

Yes i have and gave my fingerprints 2 weeks ago.

Ok so the CoA is about to arrive, probably in the next days. You can request your passports back now, it will be fine.

[europehelpme]

https://www.gov.uk/visa-documents-returned

would requesting my document back jeopardise my application?

[europehelpme]

Yes i have and gave my fingerprints 2 weeks ago.

Ok so the CoA is about to arrive, probably in the next days. You can request your passports back now, it will be fine.

Legend! thanks. Are delays potential? Took me over 5 months to get the EEA family permit

[europehelpme]

Does anyone have a sample of what a CoA letter looks like they can send me with thier application number, names hidden? Would be great to see the form of the letter so I can use as a guide to hr.

This forum is great, I also just noticed i am "on thin ice" , CR001, what did I do ? hehehehehhe

[dan1988uk]

Yes i have and gave my fingerprints 2 weeks ago.

Ok so the CoA is about to arrive, probably in the next days. You can request your passports back now, it will be fine.

Legend! thanks. Are delays potential? Took me over 5 months to get the EEA family permit

It will usually take no more than 10 days, but I know people who had to wait about 3 weeks.

[europehelpme]

Thanks alot dan, are you an immigration lawyer assisting clients with applications?

[dan1988uk]

Thanks alot dan, are you an immigration lawyer assisting clients with applications?

No I am not, I became expert about Family permits and Residence Cards because I applied for my wife, for my wife's daughter and I helped some friends as well.

[CR001]

This forum is great, I also just noticed i am "on thin ice" , CR001, what did I do ? hehehehehhe

It has been like that for many months. Have you only just noticed??

Thanks alot dan, are you an immigration lawyer assisting clients with applications?

Members are not permitted to give out their information even if they are an immigration solicitor or advisor.

[europehelpme]

Why am I on thin ice?

CR001 have you got a sample COA letter by any chance? I would love to see what the format is like

[CR001]

Why am I on thin ice?

Have a look through all your posts with this username and your other username, i.e. multiple usernames, multiple new topics on same application, disrespectful posts and posting of email addresses in the Sheffield EEA FP thread, attempting to incite to collude, posting of solicitor youtube videos.......

[europehelpme]

sorry, apologies.

So, what do you think is the best route for trying to prove I have the right to work in the UK while the Residence Card is being processed and I am without my passport?

[GMB]

1. As you've enrolled your biometrics you are now free to request all passports back via the link you posted above. Requesting return of passports will have no effect on you application. One of the perks of the EEA route versus the UK domestic immigration route. There's a question on the form that asks if you're also withdrawing your application. Just make sure you've ticked 'no'.
2. Your COA should arrive any day now. As you're married, the COA will almost certainly specify that you have the right to work in the UK. That should be enough for your employer. If not, I believe there's a number on the letter they can call to get confirmation. Unfortunately I don't have mine at hand right now to check.

[europehelpme]

I have received my COA and hr officer is saying that there is a risk they could hire me and the Residence Card would be rejected. So although I have the right to work in the UK currently, there is a chance I might have to leave the UK as the home office can still reject my application. This is getting really frustrating.

What is the best way to respond to her without getting to fancy and complex quoting European directives?

Also, does the Resdidence Card go into the passport as a vignette? If so,if I request back my passport how will they provide me with the Residence Card if they have already sent back the passport?

[CR001]

It is a BRP card not a vignette in the passport.

[dan1988uk]

I have received my COA and hr officer is saying that there is a risk they could hire me and the Residence Card would be rejected. So although I have the right to work in the UK currently, there is a chance I might have to leave the UK as the home office can still reject my application. This is getting really frustrating.

What is the best way to respond to her without getting to fancy and complex quoting European directives?

Also, does the Resdidence Card go into the passport as a vignette? If so,if I request back my passport how will they provide me with the Residence Card if they have already sent back the passport?

You are married to an EU national, so you are a FM not EFM, this means that even if the residence card is not granted you still have the right to stay in the UK, anyway as CoA states, you have the right to work even if the residence card is rejected if you appeal the decision and until the result of the appeal.

[europehelpme]

Has it recently changed?

https://www.gov.uk/apply-for-a-uk-resid ... rd/replace


"You can apply for a new residence card or permanent residence card if the passport containing your old residence card has expired - you can’t transfer it to a new passport.

If you don’t get a new card for your new passport, you’ll have to carry both your expired passport and your new passport when you travel."

To me this implies it is in the passport? Or has it recently changed?

[europehelpme]

I have received my COA and hr officer is saying that there is a risk they could hire me and the Residence Card would be rejected. So although I have the right to work in the UK currently, there is a chance I might have to leave the UK as the home office can still reject my application. This is getting really frustrating.

What is the best way to respond to her without getting to fancy and complex quoting European directives?

Also, does the Resdidence Card go into the passport as a vignette? If so,if I request back my passport how will they provide me with the Residence Card if they have already sent back the passport?

You are married to an EU national, so you are a FM not EFM, this means that even if the residence card is not granted you still have the right to stay in the UK, anyway as CoA states, you have the right to work even if the residence card is rejected if you appeal the decision and until the result of the appeal.

DAN YOU ARE THE MAN! So technically, I could send hr my marriage certificate to confirm if they are having any doubts?

[GMB]

So technically, I could send hr my marriage certificate to confirm if they are having any doubts?

Technically, yes. But virtually zero chance any employer would take the risk of being fined just based on that. If your employer is being so risk-averse they won't even accept the COA, a valid HO document that confirms your work rights in black and white, then I can't imagine they'd then accept a marriage certificate.

[BelLon]

We have the same problem!
My wife (NON/EU) applied for a residence card one month ago. Before ten days she got a CoA with right to work and live.
With CoA document she can't open a bank account. She looking for a job at the moment, and we will try with my bank account (she can tell that our sharing account, like joint account) I hope so. Some employers say, that they knows about CoA, and that's fine, but not all of them.
I am in the problem too, I am stuck.
My passport has exspired few weeks ago, and I must wait for new one 5 to 6 month in total. My EU ID is in the Home Office with her documents. I need my ID back, because I want to change my job, and we must apply for return documents.
Will this have any effect to application, because I am sponsor to my wife? We made an application with a job which I want to change right now, because they don't give me enough work hours per a week.
Do I have to answer to question in the application why I whant my document back? Also what sould I say, why I need my wife's documents when we don't need to travel anywhere?