Working

Kitman · Post by **Kitman** » Tue Mar 13, 2012 2:37 pm

I had my EEA1 granted and I have since come to the UK. We failed in our application for a EEA2 visa and have since been to a tribunal where the judge found in our favor. We have received a letter from the judge stating this. In the mean time while Im waiting for confirmation from the BA am I permitted to work?

Post by **Jambo** » Tue Mar 13, 2012 3:16 pm

Kitman wrote:I had my EEA1 granted and I have since come to the UK. We failed in our application for a EEA2 visa

What do you mean by "EEA1 granted"? Are you a EEA national who applied for Residence Certificate? Or are you a non-EEA national who applied for a EEA Family Permit and now for Residence Card using EEA2?

Kitman · Post by **Kitman** » Tue Mar 13, 2012 3:19 pm

My girlfriend of 6 years is Italian, I am australian. I have just moved to the UK 7 months ago, and 3 weeks ago went to a tribunal because they refused my EEA2 visa. When I arrived, I was granted 6 months to stay and work but that was stopped when my EEA2 visa was declined. I dont have a EEA2 card or anything from the BA as of yet. I dont know how long that could take but I would like to start working.

Post by **Jambo** » Tue Mar 13, 2012 3:56 pm

Why was the EEA2 application refused? Because your relationship was not accepted by the HO or because of other reasons?

Kitman · Post by **Kitman** » Tue Mar 13, 2012 4:00 pm

Our application was refused for not providing enough evidence to the BA concerning the "durability" of our relationship. The judge did say this was not the case and that we indeed had a very durable relationship. She even said they (BA) used the wrong standards and used to the word "perverse". We now have a letter from the judge stating this. But it could be months before we hear back from the Border Agency with regards to that. I would like to work before then if at all possible.

Post by **Jambo** » Tue Mar 13, 2012 4:17 pm

It is a bit surprising that your evidence was satisfactory to grant you a EEA Family Permit but then was refused for a Residence Card application.

Unmarried partners don't enjoy automatic rights under EEA regulations unless the HO recognise the relationship which they did, then didn't and now the judge ruled in your favour.

If the HO didn't challenge the judge decision, then I would chase the HO to issue the RC ASAP. It can takes them a few weeks to issue it for a new application and in your case, as you are "in the system" already, it should not take long to issue.

You will find it difficult to find employment without a RC even if you are entitled to as employers would like something in writing.

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