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Are we eligible to work while waiting for the Residence Card?

Are we eligible to work while waiting for the Residence Card?

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Old Dec 15th 2011, 9:25 pm
  #16  
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Default Re: Are we eligible to work while waiting for the Residence Card?

Thanks, I would be living in a city centre area, most likely in Manchester, and I would need a furnished place so I would probably just visit a couple of the city centre property agents and arrange some viewings. They usually put you in a car and drive you around to show you the properties that you're interested in, it's a far cry away from the hell that is finding a decent place to live in Toronto.
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Old Jan 6th 2012, 12:05 am
  #17  
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Smile Re: Are we eligible to work while waiting for the Residence Card?

Originally Posted by lululaki
Hi. No I’m not EU citizen but my husband is. That’s why I need EEA Family Permit and Residence Card to stay in UK
Hi there - you don't NEED the card - you have rights as an EEA spouse , residence card helps but is not a requirement as long as you are both in UK together. Your work situation is not therefore dependent on your residence card but your OH's status in UK...,

On another note , regarding sending in your documents to the Home office, you might not have to do this anymore as for some HO things you can now make the application at a local centre, they will check your documents and certify they are OK and HO accept this - not sure if it works for a residence card, however...
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Old Jan 6th 2012, 11:11 am
  #18  
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Exclamation Re: Are we eligible to work while waiting for the Residence Card?

Originally Posted by alicet
Hi there - you don't NEED the card - you have rights as an EEA spouse , residence card helps but is not a requirement as long as you are both in UK together. Your work situation is not therefore dependent on your residence card but your OH's status in UK...,

On another note , regarding sending in your documents to the Home office, you might not have to do this anymore as for some HO things you can now make the application at a local centre, they will check your documents and certify they are OK and HO accept this - not sure if it works for a residence card, however...
Thank you very much for the reply.
Are you sure about this? It seems everybody who had EEA FP had applied for the card. I think it is a safe way for the future.

It is true that the work situation is not affected by the visa status coz I just found a full time job and have already started working. The employer is full aware of my visa situation. I feel safe now to send all of my documents to HO.

I am in London but I checked from the Residence card form and it says that I need to send all of the documents to UBA HO in Liverpool. It doesn’t sound very safe coz the documents might get lost on the way if they are sent by post.
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Old Jan 6th 2012, 11:47 am
  #19  
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Default Re: Are we eligible to work while waiting for the Residence Card?

The residence card really future proofs you against future evantualities for eg your OH having to go abroad or something and makes it easier for you to prove habitual residence in your own right for benefits etc, but as other have said EEA free movement treaty rights trump UK system for the time being at least (my own opinion is that this will be pretty difficult to change even if UK gov wanted to) so the right remains regardless of the paperwork.

Re the posting documents situation, the system I was talking about is called the nationality checking service, I don't know if it works for residence cards (only listed on UKBA www site in relation to citizenship applications)...its fairly new, so no direct experience of it, the second link is a list of all councils in London that provide it, perhaps you should call your local one and find out? I'd be interested to hear how you get on...

Congrats on the job by the way...


http://www.ukba.homeoffice.gov.uk/br...eckingservice/

http://www.ukba.homeoffice.gov.uk/br...greaterlondon/
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Old Jan 4th 2013, 9:50 am
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Default Re: Are we eligible to work while waiting for the Residence Card?

Hi
I saw you question and is exactly the same question I have at the minute, I have this situation where I'm not certain if I can work or not and I just got a job offers, could you tell me what you did at the end?
I'm a bit lost.



Originally Posted by lululaki
I read a lot of helpful threads from this forum regarding the EEA Family Permit. It helped me to get the EEA FP at the end. I am in UK now and my EEA FP will expire in March next year. I am going to apply for the Residence Card now but I have a question about this.

As you might know, the application of the residence card might take around six months. By then, my EEA will be expired and I will not have my passport or residence permit as the Home Office will hold it till the whole process finishes. I heard that the HO will give us a certificate or letter to prove that we’ve handed in the application and this certificate or letter will be effective to prove to the employer that we are eligible to work in UK.

Does anyone here know whether this is true? Will I be allowed to work while I wait for the residence card? Recently an employer asked me what is my plan after my EEA FP expires and I told him that I will apply for the residence card as soon as possible. But he didn’t reply after that so I thought my visa status might be a problem for me to find a job here.

I will appreciate if anyone here can provide a sure answer or any of your own experience about this issue.

Thank you all in advance.
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Old Jan 4th 2013, 9:54 am
  #21  
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Default Re: Are we eligible to work while waiting for the Residence Card?

Originally Posted by lululaki
I read a lot of helpful threads from this forum regarding the EEA Family Permit. It helped me to get the EEA FP at the end. I am in UK now and my EEA FP will expire in March next year. I am going to apply for the Residence Card now but I have a question about this.

As you might know, the application of the residence card might take around six months. By then, my EEA will be expired and I will not have my passport or residence permit as the Home Office will hold it till the whole process finishes. I heard that the HO will give us a certificate or letter to prove that we’ve handed in the application and this certificate or letter will be effective to prove to the employer that we are eligible to work in UK.

Does anyone here know whether this is true? Will I be allowed to work while I wait for the residence card? Recently an employer asked me what is my plan after my EEA FP expires and I told him that I will apply for the residence card as soon as possible. But he didn’t reply after that so I thought my visa status might be a problem for me to find a job here.

I will appreciate if anyone here can provide a sure answer or any of your own experience about this issue.

Thank you all in advance.
I saw you question in this forum and is exactly the same question that I have and I'm struggling to find an answer.
What did you do at the end?
I got a job offer but I'm so worried about it, I have my EEA family permit but will expired in March, could you please help me with your advice.
Thanks
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Old Jan 4th 2013, 12:13 pm
  #22  
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Default Re: Are we eligible to work while waiting for the Residence Card?

Originally Posted by sanpedroparme
I saw you question in this forum and is exactly the same question that I have and I'm struggling to find an answer.
What did you do at the end?
I got a job offer but I'm so worried about it, I have my EEA family permit but will expired in March, could you please help me with your advice.
Thanks
Alicet is correct. In order to work in the UK, the rules say you don't need the RC. However, it is just about the ONLY way to prove you have that right to work--thus the reason many/most employers will ask for it, so it's good to get one.

From UKBA:
Do you need to apply [for a document proving your right to work or reside in the UK]?

You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.

However, you may be inconvenienced if you do not obtain this confirmation, as:

you may have difficulty proving that you are lawfully resident in the UK;
if you leave the UK, you will usually need to obtain an EEA family permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national; and
you may find it difficult to obtain or change employment.

http://www.ukba.homeoffice.gov.uk/eu...uments-family/

Last edited by WEBlue; Jan 4th 2013 at 12:16 pm.
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Old Feb 23rd 2013, 10:56 am
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Default Re: Are we eligible to work while waiting for the Residence Card?

Hey guys,

I have a similar (but slightly different) situation as the OP and so I need some help to clarify things.

I'm a Canadian citizen currently living in the UK (approaching 7 months) and I'm married to a Romanian national who is exercising treaty rights (she has a yellow card). I entered the UK as a visitor (I have right to 6 months as a visitor from Canada) and I ended up marrying my girlfriend so I never applied for a Family Permit as I was already in the UK when we married. I have applied for a Residence Card and I received a letter back confirming that they have received my application. However, the letter seems to be saying that I'm allowed to work during the time my application is being processed:

"You are permitted to accept offers of employment in the UK, or to continue in employment in the UK, whilst the application is under consideration. An employer may ask to see this document as evidence of eligibility to work, and you should therefore keep it in a safe place until the application has been decided".

I know it seems very clear, but is there a catch somewhere? It just seems too good to be true.

Also, if I am indeed allowed to work I will need an NI correct? I gues my biggest problem right now is that my Canadian passport is with HO and I might have troubles proving my identity with an employer and with getting an NI number.

I'd really appreciate clarification and help. Thank-you.
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Old Feb 23rd 2013, 3:49 pm
  #24  
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Default Re: Are we eligible to work while waiting for the Residence Card?

Originally Posted by Buri
I'm a Canadian citizen currently living in the UK (approaching 7 months) and I'm married to a Romanian national who is exercising treaty rights (she has a yellow card). I entered the UK as a visitor (I have right to 6 months as a visitor from Canada) and I ended up marrying my girlfriend so I never applied for a Family Permit as I was already in the UK when we married. I have applied for a Residence Card and I received a letter back confirming that they have received my application. However, the letter seems to be saying that I'm allowed to work during the time my application is being processed:

"You are permitted to accept offers of employment in the UK, or to continue in employment in the UK, whilst the application is under consideration. An employer may ask to see this document as evidence of eligibility to work, and you should therefore keep it in a safe place until the application has been decided".

I know it seems very clear, but is there a catch somewhere? It just seems too good to be true.
No, there's no catch. That letter should be a Certificate of Application, and is proof that you have the right to work in the UK (until a decision is made on your application that is). It's also a good sign that your EU Family Permit application is considered viable and chances are good it will be approved if all goes well.

From the UKBA page on non-EEA family members of EEA nationals (down at the bottom the second bolded question):
http://www.ukba.homeoffice.gov.uk/eu...mily/applying/

We will send you a certificate of application, in accordance with European law, as soon as your application has been received and a record has been established. Depending on your circumstances, your certificate of application may or may not give you an entitlement to work in the UK. If you do not have the right to work in the UK, we will send you a 'Questions and answers' sheet explaining why you cannot work.
So if your certificate/letter says you can work, you're legal to do so.

Originally Posted by Buri
Also, if I am indeed allowed to work I will need an NI correct? I gues my biggest problem right now is that my Canadian passport is with HO and I might have troubles proving my identity with an employer and with getting an NI number.

I'd really appreciate clarification and help. Thank-you.
Yes, this is a big problem with the EEA/EU route. It's free but it can take some time. The page I referenced above states that all applications are decided within 6 months, but I've heard of cases that took longer. You can't enquire until at least six months have elapsed so there's really no way around the wait. Hopefully your application is straightforward & will be decided sooner than the maximum.

Do you have a copy of your passport? Some employers will (or used to) take on someone temporarily or on a probation period with a passport copy until they can see the actual passport.
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Old Feb 23rd 2013, 9:05 pm
  #25  
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Default Re: Are we eligible to work while waiting for the Residence Card?

Originally Posted by Buri
Hey guys,

I have a similar (but slightly different) situation as the OP and so I need some help to clarify things.

I'm a Canadian citizen currently living in the UK (approaching 7 months) and I'm married to a Romanian national who is exercising treaty rights (she has a yellow card). I entered the UK as a visitor (I have right to 6 months as a visitor from Canada) and I ended up marrying my girlfriend so I never applied for a Family Permit as I was already in the UK when we married. I have applied for a Residence Card and I received a letter back confirming that they have received my application. However, the letter seems to be saying that I'm allowed to work during the time my application is being processed:

"You are permitted to accept offers of employment in the UK, or to continue in employment in the UK, whilst the application is under consideration. An employer may ask to see this document as evidence of eligibility to work, and you should therefore keep it in a safe place until the application has been decided".

I know it seems very clear, but is there a catch somewhere? It just seems too good to be true.

Also, if I am indeed allowed to work I will need an NI correct? I gues my biggest problem right now is that my Canadian passport is with HO and I might have troubles proving my identity with an employer and with getting an NI number.

I'd really appreciate clarification and help. Thank-you.
You will need to apply for an NI number that should be straight forward . My other half did it quickly and without his passport. Once it is applied for you can look for work and show them the letter you had stating you can work.
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Old Feb 26th 2013, 11:35 am
  #26  
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Default Re: Are we eligible to work while waiting for the Residence Card?

Originally Posted by WEBlue
Do you have a copy of your passport? Some employers will (or used to) take on someone temporarily or on a probation period with a passport copy until they can see the actual passport.
I don't unfortunately. I've contacted the Canadian Embassy to see if there is anything they could help me with, but I doubt it.

Originally Posted by pennylessinindia
You will need to apply for an NI number that should be straight forward . My other half did it quickly and without his passport. Once it is applied for you can look for work and show them the letter you had stating you can work.
Did he have other photo ID? I called in to get an interview today and the lady told me that I needed an ID card or a valid passport. I don't have an ID card or my passport. She said it was unlikely I'd be approved without any and that it was best to wait. So she said I should set an interview in March and see if I have my passport by then. I'm not sure if I should have just tried my luck and seen what would have happened though.

Last edited by Buri; Feb 26th 2013 at 11:37 am.
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