Immigrationboards.com

Hello. I am a Singaporean with an EEA national unmarried partner, both living in the UK. I was studying at university level on Tier 4 student visa which expires mid-November 2013. I sent in my EEA2 application 21 September 2013 and have received my COA which states that I do not have the right to work in the UK. No surprise there. However, I have found no information whatsoever regarding the legality of doing volunteer work. An immigration adviser said that this shouldn't be a problem but if anyone can give advice with more substantial support that I can do volunteer work, that would be great.

Thanks in advance!

With your status, you can work in any capacity, paid or unpaid but you might have a problem proving that to a potential employer until your RC is granted. The COA merely states that the UKBA can't confirm (at this time) your right to work rather than you do not have a right to work.

Lucapooka wrote:With your status, you can work in any capacity, paid or unpaid but you might have a problem proving that to a potential employer until your RC is granted. The COA merely states that the UKBA can't confirm (at this time) your right to work rather than you do not have a right to work.

I see, thank you for the clarification. That is the problem - I need to prove that I can work, even doing volunteer work.

When you say 'your status', do you mean even as an unmarried partner in a durable relationship, I HAVE the right to work? I have been sitting on my bum for the last month thinking I can't do anything until I get the RC.

If you are genuine, your rights exist now but it's not permitted for the UKBA to confirm your right to work in situations where the pending application comes from an unmarried partner. First they need to confirm the relationship as one that is, and has been, durable in their estimation. However, if you can convince an employer to hire you, he would not face prosecution in the event that your status as unmarried partner is eventually confirmed and an RC is issued. It will be a leap of faith on the part of the employer.

I'm not entirely confident in your reasoning Lucapooka, but would be glad if you were correct!

I dont think it is correct in law either.

Extended family member dont have an automatic right to reside or work in the UK.

Their right is subject to an extensive examination and only, to use the words of regulation 17 (4) it is appropriate for them to be issued a residence card.

I think the lack of section 3(C) right in cases like these has more force in term of equal treatment than the contention that these people have right to work.

Certainly an anomaly here, they can work if they have an EEA family permit, but if it expires they are subject to delay in processing of the EEA2 application leaving them 'in limbo' as to evidencing (and indeed having) a right to work etc.

Whilst the family permit is 'valid' they are classed as a family member, if it is invalid(expired) or they entered the UK without a family permit they are at best an 'extended family member (but only subject to confirmation of the discretion being applied in their favour by an EEA2 decision maker), tricky enough position to be in!

Indeed.

Any thoughts regarding the legality of doing volunteer/unpaid work while in limbo?

I can't see how an EEA2 extended family member applicant should be put in a less favourable position than Refugees/Asylum seekers/failed asylum seekers etc. in respect of voluntary work.

http://www.refugee-action.org.uk/assets ... _FINAL.pdf

el patron wrote:I can't see how an EEA2 extended family member applicant should be put in a less favourable position than Refugees/Asylum seekers/failed asylum seekers etc. in respect of voluntary work.

http://www.refugee-action.org.uk/assets ... _FINAL.pdf

You are wrong ; You have more right then them.

askmeplz82 wrote:

el patron wrote:I can't see how an EEA2 extended family member applicant should be put in a less favourable position than Refugees/Asylum seekers/failed asylum seekers etc. in respect of voluntary work.

http://www.refugee-action.org.uk/assets ... _FINAL.pdf

You are wrong ; You have more right then them.

I think essentially that is the same point I am making!