# Right to work on EEA permit



## SAMie (Mar 22, 2012)

Hi,

Does anyone know if there's a way to prove that you have a right to work on an EEA family permit? Particularly before submitting the application for a residence card?

I have read on UKBA home office site that a residence card is not actually necessary but it may be hard to prove that the non-EEA family member has the right to work without it. Is there anyway to provide proof that they can?

Thanks


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## Joppa (Sep 7, 2009)

SAMie said:


> Hi,
> 
> Does anyone know if there's a way to prove that you have a right to work on an EEA family permit? Particularly before submitting the application for a residence card?
> 
> I have read on UKBA home office site that a residence card is not actually necessary but it may be hard to prove that the non-EEA family member has the right to work without it. Is there anyway to provide proof that they can?


If you apply for your residence card, you will receive a *certificate of application *usually within a few weeks. The certificate normally contains a clause authorising you to work under EU rules, if you meet certain conditions. The chief ones are you are a spouse or civil partner and you have submitted sufficient proof of your relationship to the EEA citizen, such as marriage certificate. If you are an unmarried partner, for example, they cannot give you authorisation to work until they have processed your application and confirmed your eligibility by issuing you with a residence card, but this can take 3-4 months on average.

You aren't obliged to have your residence card under EU law, but if you don't, you'll have difficulty proving your right to live in UK and your eligibility for work.


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## SAMie (Mar 22, 2012)

Joppa said:


> If you apply for your residence card, you will receive a *certificate of application *usually within a few weeks. The certificate normally contains a clause authorising you to work under EU rules, if you meet certain conditions. The chief ones are you are a spouse or civil partner and you have submitted sufficient proof of your relationship to the EEA citizen, such as marriage certificate. If you are an unmarried partner, for example, they cannot give you authorisation to work until they have processed your application and confirmed your eligibility by issuing you with a residence card, but this can take 3-4 months on average.
> 
> You aren't obliged to have your residence card under EU law, but if you don't, you'll have difficulty proving your right to live in UK and your eligibility for work.


Thanks Joppa. 
This is what I feared. My husband needs his passport to travel for work and his EEA permit validity is about to end so we're going to get a new EEA permit and then apply for the residency card right away so he'll not have any problem in the coming months at border control. The problem is that there will be about a 14 days gap between his old EEA permit and his new EEA permit and we don't know how to provide proof to his employer that he's eligible to work during the gap.

Any ideas?

Thanks


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## Jrge (Mar 22, 2011)

SAMie said:


> Thanks Joppa.
> This is what I feared. My husband needs his passport to travel for work and his EEA permit validity is about to end so we're going to get a new EEA permit and then apply for the residency card right away so he'll not have any problem in the coming months at border control. *The problem is that there will be about a 14 days gap between his old EEA permit and his new EEA permit and we don't know how to provide proof to his employer that he's eligible to work during the gap.
> *
> Any ideas?
> ...


You could read and print this: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF

Animo
(Cheers)


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## Joppa (Sep 7, 2009)

SAMie said:


> Thanks Joppa.
> This is what I feared. My husband needs his passport to travel for work and his EEA permit validity is about to end so we're going to get a new EEA permit and then apply for the residency card right away so he'll not have any problem in the coming months at border control. The problem is that there will be about a 14 days gap between his old EEA permit and his new EEA permit and we don't know how to provide proof to his employer that he's eligible to work during the gap.


Having an expired EEA permit doesn't prevent your husband from leaving UK, but he will have to get a new one while still abroad from a UK diplomatic post that issues visas. Has his employer asked for proof of his eligibility to work? While he can work on EEA family permit, it doesn't say so on the permit itself. You just have to explain to the employer that as a family member (spouse) of an EEA citizen, your husband does have the right to work under EU treaty law, and that you are getting his residence card as soon as possible. If they are in doubt, ask them to phone the employers' helpline on 0300 123 4699 for advice.


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## SAMie (Mar 22, 2012)

Joppa said:


> Having an expired EEA permit doesn't prevent your husband from leaving UK, but he will have to get a new one while still abroad from a UK diplomatic post that issues visas. Has his employer asked for proof of his eligibility to work? While he can work on EEA family permit, it doesn't say so on the permit itself. You just have to explain to the employer that as a family member (spouse) of an EEA citizen, your husband does have the right to work under EU treaty law, and that you are getting his residence card as soon as possible. If they are in doubt, ask them to phone the employers' helpline on 0300 123 4699 for advice.


Thanks Jrge for the link....not exactly light bedtime reading!! This is really helpful, although I'm slightly concerned because it says that for periods longer than 3 months the non EEA should have a residence card. So this may not help.

Joppa, his employer is looking for proof of eligibility because they have seen that his permit validity expires soon.

We were going to go to Ireland to get another EEA permit. However we have to travel overseas after the validity expires but before getting the new permit. Does this mean that my husband may be declined entry back into the UK?

Sorry for all the questions but really need advice!!


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## Jrge (Mar 22, 2011)

SAMie said:


> Thanks Jrge for the link....not exactly light bedtime reading!! This is really helpful, although I'm slightly concerned because it says that for periods longer than 3 months the non EEA should have a residence card. So this may not help.
> 
> Joppa, his employer is looking for proof of eligibility because they have seen that his permit validity expires soon.
> 
> ...


Better than this, impossible:


Joppa said:


> If they are in doubt, ask them to phone the employers' helpline on 0300 123 4699 for advice


That's exactly what my employer did!

Animo
(Cheers)


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## Joppa (Sep 7, 2009)

SAMie said:


> Thanks Jrge for the link....not exactly light bedtime reading!! This is really helpful, although I'm slightly concerned because it says that for periods longer than 3 months the non EEA should have a residence card. So this may not help.
> 
> Joppa, his employer is looking for proof of eligibility because they have seen that his permit validity expires soon.
> 
> We were going to go to Ireland to get another EEA permit. However we have to travel overseas after the validity expires but before getting the new permit. Does this mean that my husband may be declined entry back into the UK?


Only if he doesn't get a new permit before returning to UK. As Ireland is in common travel area, there is no routine immigration check on the way back.
If his employer are worried about the blank period, ask them to phone the helpline for clarification.


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## SAMie (Mar 22, 2012)

Joppa said:


> Only if he doesn't get a new permit before returning to UK. As Ireland is in common travel area, there is no routine immigration check on the way back.
> If his employer are worried about the blank period, ask them to phone the helpline for clarification.


That's right! And he'll have a GB drivers license which is accepted as a form of ID between Ireland & UK. Unfortunately, we're going to France, not Ireland in the "gap" period. But I was hoping that as I was travelling with him and if we advised border control that an application submitted for a new permit, we'd be okay.

Thanks so much for the contact phone number, I had been unable to find anything for the employer so will definately pass that on.

Appreciate all your help.


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