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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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hi i applied for a RC thru the EEA route and my application

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hi i applied for a RC thru the EEA route and my application was refused on grounds that the document provided as the marriage certificate looked altered. the body that issued the document was notified and a cover letter was written by them and sent back to the UKBA. i went in for a judicial review hoping to have the decision turned. they wrote back saying they would reconsider and that if possible i should withdraw the JR. during that process, an employer contacted them to find out if i could work in the UK and they said no pending my application for the RC
what do you advice.do u think i am entitled to work?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

If you did not have a visa status in this country which allowed you to work prior to making your application as a EE family member then you will not be permitted to work until you have obtained your residence card. Once the sticker has been placed in your passport following successful determination you will be permitted to work.


The difficulty is that where there is doubt an employer will not employ you because they face penalties including a fine of up to £10, 000.00 per illegal employee.

 

Sorry it could not be better news.


If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,


Tom

Customer: replied 3 years ago.
hi thanks. i had a students visa before applying
Expert:  Thomas replied 3 years ago.

Hi,

 

Just to clarify - you submitted your application, this was rejected, you appealed and were unsuccessful but have applied for judicial review. This is now pending.

 

Is the above correct?

 

Tom

Customer: replied 3 years ago.
submitted application. was rejected on grounds that the marriage certificate looked altered. the body that issued the document wrote a covering note that the document was authentic and i sent it to them as i went for judicial review. i have not gone for appeal.
when i sent the judicial review they wrote back saying we(my solicitor and i) should withdraw JR so they reconsider the decision. came with some consent form or so.
but after i sent the JR an employer contacted them to find out if i could work and they said no i couldnt pending the outcome of my application
Expert:  Thomas replied 3 years ago.

Hi,

 

If the application for judicial review is still outstanding then you will not be able to work until determination of the application has been reached. You cannot rely on your previous visa in order to work for this purpose.

 

Once the JR application has been determined upon and you received your RC (if you do) then you will be able to work from the date you receiver the vignetter (ie. the sticker) in your passport.


If you are unsuccessful in your JR application and do not receive your RC then you will have to check to make sure that following this they have not curtailed your student visa. If they have not curtailed your student visa then you can rely on this provided you are still complying with the conditions of the visa (ie. by being a student) and use this to work the amount of hours you are permitted to in accordance with the student visa.

 

Trust this clarifies, if so please click accept.

 

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6652
Experience: BA (Hons), PgDip, Practising Solicitor
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