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Changing Certificate of Application for EEA2

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Sarah T
Newbie
Posts: 42
Joined: Mon Oct 12, 2009 2:54 pm

Changing Certificate of Application for EEA2

Post by Sarah T » Mon Oct 12, 2009 3:08 pm

Just wondering if anyone has similar experience, we have applied for our EEA2 application since February 2009 and now that it has gone past the 6 months, we have recently started to file complaints with the all the authorities we can write to: SOLVIT, email/letter to Border Agency, MPs.

When we applied for the EEA2, I was not married to my husband (we have been together 7 years) - so we applied as extended family member (unmarried) and thus, our certificate of application does not allow me to work elsewhere (I'm actually on work permit at the moment and have been working in the UK for almost 2 years now). We got married recently and I would like to widen my career opportunities but our current CoA does not allow it as (1) I am from non-EEA country and (2) I was extended family members. Although the current CoA that we have allows me to stay in the UK but it does not allow me to work in the UK.

I know that if you applied as family member/spouse, you can actually work in the UK while the application is on-going. Thus, I wonder if anyone has experience about requesting for a change the unmarried partner's CoA to a married/spouse CoA? It is now 8th month into our application - we feel like we're nearing the end but at the same time, we have read that some people have to wait for 13 months! I don't think this is an option for me/us at the moment.

Any thoughts would be highly appreciated.

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Re: Changing Certificate of Application for EEA2

Post by 86ti » Mon Oct 12, 2009 3:22 pm

Sarah T wrote:I know that if you applied as family member/spouse, you can actually work in the UK while the application is on-going.
That's not a matter of application. Your right to work solely derives from your marriage to an EEA national. In practice, however, you may find it difficult to convince a prospective employer of your rights especially without a CoA.

Sarah T
Newbie
Posts: 42
Joined: Mon Oct 12, 2009 2:54 pm

Post by Sarah T » Mon Oct 12, 2009 3:29 pm

That's good to know, I supposed.

I'm contemplating either to let the application keep going or withdraw and apply for Tier 1 instead.

The delay is causing us too many missed opportunities - both personal events and career.

Thanks a lot!

Sarah T
Newbie
Posts: 42
Joined: Mon Oct 12, 2009 2:54 pm

Post by Sarah T » Tue Oct 13, 2009 10:15 am

Has anyone who applied for EEA2 as spouse and having received CoA letter allowing them to work has problem convincing their employers that they are allowed to work?

I am just wondering...

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