Tier 4 Visa and EEA FM application

[asian_atheart]

Hi there,
I was wondering if someone could advice me on my rights to work in the UK. I came to the UK in 2011 as a Tier 4 Student. My current tier 4 visa is valid till 30/01/2016 (2 more weeks). I met my EEA national husband whilst here four years ago. We got married in October 2015. I sent in my application for EEA FM RC in November 2015. Since then I have received a COA with "right to work".
I still have a valid Tier 4 visa for 2 more weeks during which Iam due to submit my PhD thesis corrections as a last part of my course requirement. After this Iam "officially done with my course".

My questions are:
1) What are conditions to take up and carry out employment? Am I freely allow to work as per the COA conditions?
2) What is my current status? The university seems to indicate that my current Tier 4 conditions are extended-which means that I can only work upto 20 hours per week until I receive the Residence Card.
So I'm really confused as I have been actively searching for full-time work. My main question pertains to my rights to work. I assumed that being a spouse of an EEA national and receiving a COA frees me from the Tier 4 restrictions. Am I wrong?

I would really appreciate your advice. Thanks so much!

[alex1128]

Same case here my wife had this problem but after consulting the HO they said that the COA states clearly without any restrictions and applying for eea fm doesn't extend a tier4...

[noajthan]

Hi there,
I was wondering if someone could advice me on my rights to work in the UK. I came to the UK in 2011 as a Tier 4 Student. My current tier 4 visa is valid till 30/01/2016 (2 more weeks). I met my EEA national husband whilst here four years ago. We got married in October 2015. I sent in my application for EEA FM RC in November 2015. Since then I have received a COA with "right to work".
I still have a valid Tier 4 visa for 2 more weeks during which Iam due to submit my PhD thesis corrections as a last part of my course requirement. After this Iam "officially done with my course".

...

I would really appreciate your advice. Thanks so much!

Suggest you continue to operate within the rules of the Tier 4 until it expires;
that is unless you have formally notified the university of your change in 'visa' & they have formally recognised & agreed to your new EU status.

Universities are forced to operate as 'proxy immigration officials' and are severely penalised by UK authorities if they host 'illegal' students.

Talk to the registrations office &/or international student advisor if you want to change your status at the university before the current Tier 4 visa expires.

Once Tier 4 has expired you will no longer be a student & its very clearly your EU documents (COA then RC) that will legalise your residence & work (& & any future study) in UK;
(assuming you remain married & your spouse is exercising treaty rights in UK).

[asian_atheart]

@ alex1128 many thanks for your quick response. Did your wife manage to take up full-time work with the COA?

@noajthan thanks so much for your advice.

Suggest you continue to operate within the rules of the Tier 4 until it expires;
that is unless you have formally notified the university of your change in 'visa' & they have formally recognised & agreed to your new EU status.

Yes thats the plan. Anyway most jobs I'm looking for are starting from February so I haven't taken up any full-time work.

Universities are forced to operate as 'proxy immigration officials' and are severely penalised by UK authorities if they host 'illegal' students.

True!

Talk to the registrations office &/or international student advisor if you want to change your status at the university before the current Tier 4 visa expires.

Yes I did try to do this. They are unwilling to accept my COA as they say this is considered as a "outstanding visa application". They say that Section 3c applies as I applied for extension before the expiry of my T4. And that once my student visa expires,the conditions of my current Tier 4 continue to operate .

Once Tier 4 has expired you will no longer be a student & its very clearly your EU documents (COA then RC) that will legalise your residence & work (& & any future study) in UK;
(assuming you remain married & your spouse is exercising treaty rights in UK).

Yes this seems the best way to go about it. I'm just going to wait out taking any full-time offers until I've submitted my corrections and the Tier 4 validity expires at the end of the month. Thanks so much!