EEA Extended Family Permit - Right to Work Legislation

[Jack404]

Hi,

Can anyone point me to the documentation or legislation that shows an extended family member on an EEA Family Permit can work in the 6months.

Thanks

[alterhase58]

Here is government guidance for employers explaining which documents are acceptable for "right to work" checks:
https://www.gov.uk/government/uploads/s ... nts_v5.pdf

It does not mention family permit.

[secret.simon]

Can anyone point me to the documentation or legislation that shows an extended family member on an EEA Family Permit can work in the 6months.

An EFM does NOT have the right to work for six months.

The right of an EFM (as opposed to a family member) only starts with the issue of a Family Permit or Residence Card. S/he does NOT have the right to work or reside in the UK before the issue of the Family Permit (if outside the UK) or the Residence Card (if within the UK).

The right of a Family Member (spouse, children under 21, dependent ascendents and children over 21) of an EEA citizen flows from the relationship itself and therefore they have the right to work even before the Residence Card is issued.

The rights of an extended family member are subject to "an extensive examination of the personal circumstances of the applicant" (Regulation 18(5))and their rights only kick in when the SSHD considers it appropriate to issue a Residence Card.

As you are applying as a durable partner, the general expectation is that you are in "a relationship akin to marriage", with a joint residence of 2 years or more, with bank statements, mortgages, bills, etc in joint names.

If you were to marry your Irish fiancée, you would have an immediate right to work in the UK.

Guidance - Extended family members of EEA nationals

Do you have any grandparent born in the UK (including the whole of Ireland before 1922)? If so, and you have documentary proof of the relationship (birth and marriage certificates), you could apply for an Ancestry visa.

[Jack404]

An EFM does NOT have the right to work for six months.

The right of an EFM (as opposed to a family member) only starts with the issue of a Family Permit or Residence Card. S/he does NOT have the right to work or reside in the UK before the issue of the Family Permit (if outside the UK) or the Residence Card (if within the UK).

Yes I understand this. My question is where are the rights of an EFM on a family permit described. Or even a FM on a EEA family Permit. Maybe it is part of an EU charter?

Here is government guidance for employers explaining which documents are acceptable for "right to work" checks:
https://www.gov.uk/government/uploads/s ... nts_v5.pdf

It does not mention family permit.

Thankyou I have seen this. Googling EEA Family Permit image, it appears the permit is embossed into the passport. This would appear to fall into List B Group 1/1. of the approved documents to work. However I was under the impression you could pay a fee to keep yourpassport during the application process. Does the EEA Family Permit come in alternate documents.

[Jack404]

OK I have found this

DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 April 2004
on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC
(Text with EEA relevance)

CHAPTER V
PROVISIONS COMMON TO THE RIGHT OF RESIDENCE AND THE RIGHT OF PERMANENT RESIDENCE
Related rights
Irrespective of nationality, the family members of a Union citizen who have the right of residence or the right of permanent residence in a Member State shall be entitled to take up employment or self-employment there.

Though I can not clearly see where it states a EFM is classed as a family member.
Article 3, 2/b. is where it states an EFM can obtain residency. Though I would like to see it reference EFM as a family member...
I'm clearly no lawyer haha.

[secret.simon]

You may also find this FoI request from 2014 useful.

You could also file your own FoI request for further clarification and updates these forums.