Forum Immigration UK

[summerday]

Hi all,
I am a EU citizen and I've been in the UK for 10 years now. My boyfriend is a USA citizen, we've been living together for over 2 years now and he has a work visa which expires at the end of December 09 as he is here on an intercompany transfer and he is expected to be back in the USA at the headquarters of the company in Jan. 09.
We sent his EEA2 application (unmarried partner visa) about three weeks ago and he received his CoA last week but the letter doesn't state he has the right to work, is that normal?? He has now started looking for another job here in the UK but since the CoA doesn't say he can work will it be difficult to convince UK employers about his right to work whilst waiting for the residence card?
Can someone clarify if he can carry on staying & working in the UK after his work visa expires (31/12/09) and while he is waiting for a residence card??Does the certificate of application letter which he now has gives him the automatic right to do so??
Many thanks.

[ben_ifa]

Don't worry.

He has the right to work in the UK as he is a family member of a Union citizen, as described in Article 3(2) of Directive 2004/38/EC.

If potential employers wish to verify his right to work they can contact the UKBA on 0300 123 4699.

[intmuse]

Hey guys, I am in a similar situation. We're an unmarried couple I am US he is French, working in UK. Applied for EEA 2 residency permit, and got Certificate of Application- lo and behold, it does not state if I can work. I called, and called, and after speaking with 5 different people - I got some manager that made the over all conclusion that I can't work - bc the law has changed. Now, since I came in as a tourist,unmarried couple, the CoA refers back to previous status - which for me is tourist, under which I can't work. This law change occured on the 19th of November...and our app was received on the 18th - so we're appealing but it doesn't look good...mean while, I have a job offer waiting for me...
any advice?

[wellingtonkiwi]

Hi there, this is a bit belated probably, but as far as I’m aware the right to work in the UK while the EEA2 application is being considered is limited to ‘Family Members’ and does not apply to ‘Extended Family Members’, which an unmarried partner is considered to be. Probably your only option would be to leave the UK and apply for the EEA family permit, which gives you multiple entry and right to work for up to 6 months, and hope that this tides you over till the residence card comes through – this would, unfortunately, require you to withdraw the EEA2 application as you’d presumably need the documentation to apply for the EEA Family Permit. I obtained an EEA Family Permit in late October from the British Embassy in Dublin, and it only took 3 days to come through. I then returned to the UK and put in a comprehensive EEA2 application (unmarried partner) which was approved in only a month. Happy to give more detail on this if you want it, otherwise, good luck 

[lilbruiser4]

This is even later and probably not needed anymore, but wanted to say that wellingtonkiwi is not entirely correct. Yes if your partner has been living in the UK on another status other then as your non-EU partner, he does not have the right to work in the UK without a separate pre-existing work visa until his EEA2 is approved. A *legal* way around this as long as you've been living together for 2 years and can prove you are in a "like marriage relationship" is for him to gather all this info (including your passport and his) and go outside of the country and apply for the EEA Family Permit 1st (if you go to NYC for example and use a courier service it should take no more than a couple days) like kiwi suggests. But contrary to kiwis belief, if/when the EEA Family Permit is decided, whether he is your married, civil or unmarried partner, he will then have the full rights of an EEA family member while waiting for the decision on the more permanent EEA2.

Although the EEA does not offer special grants for extended family members (leaves it for the countries to decide), the UK recognizes partners officially as family members (with unrestricted right to work) once they are granted their EEA Family Permit. And although this permit is only good for 6 months, don't worry, as long as he sends in his application for the EEA2 before the family permit expires he should be fine to both stay and work while the EEA2 application is being decided.

Hopefully by now you are all set though and this is irrelevant
Cheers!

Hi there, this is a bit belated probably, but as far as I’m aware the right to work in the UK while the EEA2 application is being considered is limited to ‘Family Members’ and does not apply to ‘Extended Family Members’, which an unmarried partner is considered to be. Probably your only option would be to leave the UK and apply for the EEA family permit, which gives you multiple entry and right to work for up to 6 months, and hope that this tides you over till the residence card comes through – this would, unfortunately, require you to withdraw the EEA2 application as you’d presumably need the documentation to apply for the EEA Family Permit. I obtained an EEA Family Permit in late October from the British Embassy in Dublin, and it only took 3 days to come through. I then returned to the UK and put in a comprehensive EEA2 application (unmarried partner) which was approved in only a month. Happy to give more detail on this if you want it, otherwise, good luck 