# How do I prove my right to work (EEA family permit)



## mali8 (Oct 20, 2014)

I just got my EEA family permit and a job offer but the company says the I need my residency card to begin work. I have told them but they don´t seem to believe me and they claim they called the home office and were told I need my residency too. 

How can I prove them I have the right to work when it doesn´t say so on my passport? 

thanks, i am kind of desperate!


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## mali8 (Oct 20, 2014)

Please help me!


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## Jrge (Mar 22, 2011)

Hi,


mali8 said:


> I just got my EEA family permit and a job offer but the company says the I need my residency card to begin work. I have told them but they don´t seem to believe me and they claim they called the home office and were told I need my residency too.
> 
> How can I prove them I have the right to work when it doesn´t say so on my passport?
> 
> thanks, i am kind of desperate!


1) This is what the UK government has to say about it: https://www.gov.uk/apply-for-a-uk-residence-card

2) This is what Solvit has to say: Non-EU family members
Note: select after three months, to see how you have equal rights as your EU partner/spouse.

However, whilst I am 100% for the freedom of movement and an strong advocate of its benefits, if an employer (for ignorance or negligence) decides to request such document(s), then they are exercising their right to prevent an unlawful individual trying to work for them. At the end, they are subject to a fine upwards £10,000.

Good luck.

Animo
(Cheers)


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## mali8 (Oct 20, 2014)

Jrge said:


> Hi,
> 
> 1) This is what the UK government has to say about it: https://www.gov.uk/apply-for-a-uk-residence-card
> 
> ...


Thank you, as I feared there is not specific information about my rights as a EEA permit holder


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## _shel (Mar 2, 2014)

Employers are rightly very wary of employing anyone without firm evidence they are legally allowed to work ie an EU passport or residence card. They wont risk the fines or ability to sponsor themselves given your family permit could expire without you getting residence and still being employed. The burden is on them to prove they undertook checks before hiring.


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## mali8 (Oct 20, 2014)

_shel said:


> Employers are rightly very wary of employing anyone without firm evidence they are legally allowed to work ie an EU passport or residence card. They wont risk the fines or ability to sponsor themselves given your family permit could expire without you getting residence and still being employed. The burden is on them to prove they undertook checks before hiring.


I see what you mean , but by hiring me while during those 6 months I go through the process of getting my residence card it not ilegal ,right?


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## _shel (Mar 2, 2014)

No it is not but try convincing many employers of that!


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## Jrge (Mar 22, 2011)

Hi,


mali8 said:


> I see what you mean , but by hiring me while during those 6 months I go through the process of getting my residence card it not ilegal ,right?


This is what that business needs to use to verify your rights to work: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/318732/ECS_form-_pdf.pdf

Normally, well established companies use this form. Smaller organizations in the other hand, struggle with basic official procedures.

Animo
(Cheers)


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## Jrge (Mar 22, 2011)

Hi, 


_shel said:


> No it is not but try convincing many employers of that!


Read here: https://www.gov.uk/government/publications/employer-checking-service-form-check-employees-right-to-work

Hope you're having an awesome day 

Animo
(Cheers)


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## mali8 (Oct 20, 2014)

Jrge said:


> Hi,
> 
> Read here: https://www.gov.uk/government/publications/employer-checking-service-form-check-employees-right-to-work
> 
> ...


Thank you for the link but unfortunately I don't fall under any of this categories
as I don't have a COA I only have my EEA family permit as I am not in the UK yet. This is turning out to be a lot more complicated than I expected... 

This form should only be completed where an employer is seeking to confirm the right to 
work of an employee or a prospective employee who has:
 an outstanding application/appeal for leave to remain in the UK that was made before their 
previous leave to enter or remain in the UK ended;
 A ‘Certificate of Application’ issued to or for a family member of an EEA national stating that 
the holder is permitted to take employment which is less than 6 months old;
 an Application Registration Card (ARC card) stating ‘Employment Permitted’ or ‘Allowed to 
work’
 Refugee Status or Humanitarian Protection


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