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Hello,

I am on a Tier 4 visa which expires in January. I recently applied for an EEA EFM (durable partner) residence card and received a COA without work. Since my course is complete, my Tier 4 visa allows me to work full time until my visa expires. However, since I have received a COA without work, does this mean that I cannot work even if my Tier 4 status says that I can?

Also, is it true that I must receive a decision on the application by the 31st of December?
If I do receive this decision by that date, can I use the card to apply to the settlement scheme until the end of June or do I also have to apply to the settlement scheme before the end of this year? (given that the cards expire at the end of the year).

Thank you

not_Lara wrote: ↑

Tue Oct 13, 2020 1:46 pm

since I have received a COA without work, does this mean that I cannot work even if my Tier 4 status says that I can?

Try and make a small exercise of abstraction here. None of the messages you receive in the course of your application, like the CoA, are worded exclusively for you. They're canned communications. The CoA is simply telling you that your application is being processed and that, by virtue of that application and the potential decision, you are not yet authorised to work. It says nothing regarding your previous or current status, since the canned answer knows nothing about that.

So the answer to your question is, as long as your Tier 4 visa is valid, you can still work, according to its terms.

Also, is it true that I must receive a decision on the application by the 31st of December?

You have been given quite an extensive rationale for the dangers of banking on a recent unmarried partner EEA RC app in your previous post. The only other thing we have been able to conclude is that the withdrawal agreement should provide an avenue for appeal in the case you see your EUSS application refused because your relationship did not start on or before Dec 31st 2020 (e.g. your card was not issued on or before Dec 31st in 2020).

If I do receive this decision by that date, can I use the card to apply to the settlement scheme until the end of June or do I also have to apply to the settlement scheme before the end of this year? (given that the cards expire at the end of the year).

Generally speaking, the hard deadline to apply is June 30th 2021.

I cannot refer to any definitive answer, but given the long queue of people applying, they might let anyone apply as long as they have a card.

Thank you for your help.