COA with no right to work BUT we ARE married

[bluer32]

There isn't really a need to point out to the legislation. They made a mistake and once you point it out, they will acknowledge it. Simple.

You can read the internal guide available in Annex A in here

Thank you, Jambo, for the link. It is my understanding that a job seeker is considered a worker in the following circumstance: a continuous 12 months of previous employment in the UK, along with skills that make the job seeker competitive in the job market.

However, the Desktop Guide shown in your link doesn't address that situation. Do you suggest that in the case I describe the applicable section of the UK Legislation resulting from the EU Directive be a part of the request for the long CoA?

Thanks again for your input and participation here.

[bluer32]

The EEA national should also show that s/he is a qualified person (71).

Right Vinny! Thanks for your comment and the link you provided.

[LunarGirl]

Hi, just checking in tonight before I try to sleep (which isn't easy with all this still going on in my head).
It's now 7 days since we received the bombshell letter from the Home Office that we had only been given the 'short' COA.
We have an appointment with the Job Centre on Monday - I'll report back after that on the situation re right to work.

Thank you all for your comments and links. It really does help us feel less helpless in all this.

[LunarGirl]

Another update:
We had another interview for my husband's national insurance number today. I attended, I didn't the first time. It was an eye-opening experience to say the least. The place was cruelly overheated, the staff (mostly men?!) were all dressed in tshirt and jeans and it wasn't busy at all which meant that everyone, except our interviewer were engaged in chit chat and gossip about what happened over the weekend. They didn't seem to mind that we could overhear everything from one guy's story about how his girlfriend is 10 weeks pregnant or someone's boiler needs servicing. Oh to have only that to worry about.

Anyways, an hour later we came away with the knowledge that yet another form has been filled in and awaiting processing. Our very nice interviewer was understanding enough but we couldn't help but gauge his reaction when he read our pathetic COA and he said, ''I have never seen a COA like that for someone who is married to an EEA national before''. He has emailed the Home Office to ask for confirmation re my husband's right to work and stressed to them that he has seen our marriage cert and that we should have received the longer COA. We have to wait 1 to 2 weeks for them to respond.

[euresidentGB]

Hi,

My wife seems to be in the same category as you. We submitted our marriage certificate etc but we received a short CoA which could not provide confirmation of her working rights. I applied using the Surinder case route as I was working in Sweden when I was married.
Fortunately, my wife was issued with a National Insurance number by the job centre.
Did you get a response from the Home office on your letter? Have you tried calling? Please let me know as my wife is anxious about this.

[LunarGirl]

Hi, I'm sorry to hear that your wife has received the wrong COA too. It will be two weeks this coming Tuesday that the Home Office will have received my husband's letter to request the correct COA - we haven't heard anything from them since. My husband tried phoning to speak to the caseworker. He only got as far the main help desk, they wouldn't transfer him to the person dealing with our application. But he explained the situation and the guy on the help desk did agree that we should have received the longer COA. All he could suggest that we do is write to the caseworker, which he had already done. It's all very frustrating.

[euresidentGB]

All this is really frustrating! I will have to try calling tomorrow and sending a letter as you suggested.

Thanks

[euresidentGB]

Please let me know what happens with your case.

[LunarGirl]

Yes, I intend to keep this thread updated and report any news, good or bad that we get. Please keep us up to date with how you get on too.

I've yet to hear or read of anyone contacting them to complain and actually receiving an amended COA. Here's hoping that we can report that we did.

[LunarGirl]

I'm having a rather uneventful day and passing the time trawling through old posts on here. I have found a success story where a short COA was changed to the full one...

http://www.immigrationboards.com/eea-ro ... 60-20.html

[euresidentGB]

Yes I will for sure. Thanks for that.

[euresidentGB]

one more thing. can you let me know where you sent the letter to? the address on the letter was

Reporting Centre
Ground Floor
Union Street
Liverpool
L3 9PP

[LunarGirl]

My husband's second application for a National Insurance number has been refused. The Home Office are still refusing to confirm his right to work

[LunarGirl]

Yayyyyyyyyy SUCCESS!!!!
My husband received the correct COA today in the post. It now says:

''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...''

Thank you to everyone who offered their advice on this thread. We are both so very happy now.

[chaoclive]

Congrats!

Don't forget to let us know how the next national insurance number application goes.

[LunarGirl]

Thanks!

We have contacted the Jobcentre with our news. My husband has to come in for another interview and fill in ANOTHER application but it should be accepted this time. Appointment is at the end of next week. I'll keep you updated x

[bluer32]

You and your spouse deserve the Oscar for perseverance. It's heartening for others to see that with the proper insistence, these petty officials can be made to actually live up to their responsibilities. Congratulations on your progress and all the best in the next steps of NIno and the rest. You particularly have the right stuff to prevail.

[euresidentGB]

My wife's new CoA apparently has been issued as well but we have yet to receive it in the post. She has her NI number already. Crossing our fingers that it does arrive.

[LunarGirl]

Hi
Thanks for letting us know, that's great news that you managed to get them to reissue an ammended COA in less than a week from receiving the wrong one. How did the communication between you and the Home Office go, did you find it easy to get them to fix it?
It's a relief that your wife already has a National Insurance number, did she manage to secure it with having the Family Permit, I'm aware that this is a failsafe way of obtaining it.

[euresidentGB]

I must say that they were quite helpful. I am a bit cynical until I see the paperwork. I called the home office on Monday and when I called back on Wednesday they say that the new CoA was issued that Wednesday morning. My wife actually received the NI with the family permit.

[LunarGirl]

Well done, I'm glad you got a fast and positive result. They sent our new COA out in the second class post so you should receive it soon. Please update us when it arrives.

[euresidentGB]

received it today. Small miracle

[LunarGirl]

WOW fantastic news - you sorted it within a week - huge congrats!

This is so good to read for anyone else that may be going through this, or will be in the future, there is hope and hard evidence that you can change an incorrect decision made by the Home Office.

[euresidentGB]

let's hope the card comes quickly as well!!!

[Jellybean105]

Hi there

My husband has also received the same letter . I'm a British citizen, came back to the UK after self-employment in Ireland. We are married and we also provided our passports and marriage certificate along with photographs and joint account proof.

I would also like to write to them and rectify the mistake. Please could you give me a rough outline of what you wrote, who you addresses it to and to what address I need to send it to? Is it the one on the letter?

Thank you for your help.