COA with no right to work BUT we ARE married

[LunarGirl]

Hi there

Sorry that this has happened to your husband as well, I wonder if the Home Office are doing this 'accidentally on purpose'?!?!? It seems to be a recent trend.

Yes, writing to them (we sent it to the address on the COA letter and to the name who signed it at bottom) stating that you have sent adequate proof of your marriage and identity and that you have exercised treaty rights. Ask them to reissue the correct COA that confirms your husband's right to work while the application is being decided. We sent it using the Post Office's Track and Trace service so we could confirm that the request was definetly received.

You might like to try phoning too, euresidentGB had a positive (and faster outcome than us) by doing so.
01516725626 is the number we used. There's a 0870 number on the letter and also a 0300 number that they are trying to get you to use instead.
Good luck and let us know what happens.

[Jellybean105]

Thank you for your reply.

Surprisingly (not), the letter is signed off with 'Data proc Tm Liverpool 1'. I'm assuming thats not a name? so I just addressed it sir/madam.
Also, in the letter it says; if you need to contact us by telephone please use the number on this letter. Guess what, the tel, fax and email is all left blank.

They obviously don't want us to contact them! And I think you are right, it seems like they are doing it on purpose hoping that most applicants wouldn't contact them again.

I've written a letter and I'll send it off today, I hope they respond quickly.

[bluer32]

Right. In my opinion an intentional primary filter now exists. This culls x% of applicants that for whatever reason chose to not press on. Fortunately for those who do indeed press the HO for fair treatment seem to be getting just that, in this case, the Certificate of Application that 1) conveys the right to work, and 2) is what the law requires of the HO in the first place.

[LunarGirl]

UPDATE:
My husband received his National Insurance number today

[chaoclive]

Super - well done Lunargirl
Glad things are working out

[LunarGirl]

Thank you CC, I'm so happy to see that you're following our story. It really is one battle at a time.

Just as an add on...our recent success with the correct COA has allowed my husband to register with our local GP surgery.

We still await the outcome of our EEA2 application but these positive affirmations should restore other readers' positivity that if one doesn't have an EEA Family Permit nor Stamp 1A, it is possible to secure some rights in the UK, merely on the back of having a COA that confirms the right the work.

[chaoclive]

You are right. Your successes show me that we might have the possibility of success in the future too! It's good to see the process working out, even though it takes some fighting sometimes

You're nearly there...keep going!

An aside: are you planning to apply for Irish citizenship for your husband at 3 years? I'm sure it's part of your plan. I'll be doing that in the future.

[LunarGirl]

Hi again CC
Yes Irish citizenship is preferable for my husband, for obvious reasons (not just the shorter timeframe but he would much prefer an Irish passport over a UK one / he is American

I'm so confused over the whole thing though, the EEA route versus the national Irish immigration laws. I realise that to remain in the UK and be employed he needs the EEA2 but then if he gets that and then wants to apply for Irish citizenship after three years (we live in NI - within the Island of Ireland) does he then have to meet Irish immigration criteria?

[LunarGirl]

I should probably post a totally new thread on this issue. I've searched the board and I cannot find one that discusses this but if you know of one I'd be delighted if you could link. Thanks x

[chaoclive]

You might wanna post a completely new thread in the Ireland section. I'm sure there are other people who have been through this!

I haven't found anything specifically about this either, but it seems he would have to meet the Irish immigration rules (e.g. residence on the island of Ireland for the last 3 years, married to an Irish citizen for 3 years etc) while staying in the UK legally. I don't think this is particularly difficult. I don't think you will need to meet the other immigration rules (e.g. 40,000EUR within the last 3 years etc.). After all, his residence is in accordance with UK rules at present.

Might be an idea to drop them a line at: INISsinu@justice.ie (Spouse of Irish national dept)

[LunarGirl]

Thanks Chaoclive.

[Jellybean105]

For those who sent a letter to get the COA corrected, how long did it take for them to reply or send out a new COA? I sent it around 2 weeks ago and have not heard anything yet.

[toofan]

I don't know why HO is making mistake in cases of married not sending COA with right to work I read few other on forum as well complaining about same thing and I don't know how they going to justify it as time to issue RC IS 6 MONTHS AND WITHOUT RIGHT TO WORK will be difficult to survive .

[LunarGirl]

I know it's very frustrating.
We sent the request letter on Monday, 3rd March and received the ammended COA on Wednesday, 19th March, so we waited just over 2 weeks.

[toofan]

lunagirl please tell what questions were ask for in national insurance number interview .
like any proof of address were asked
and does any thing about to confirm that both eu citizen and non eu spouse are still living together any thing else etc .
any thing about children
etc
as someone has been recently issued EE2 RC and he will be applying nino soon but they are not living together at the moment ,

[LunarGirl]

My husband had to show:
- his original passport (this was at the first interview, at the later interviews he showed his driving licence as his passport was at the HO for the EEA2 application)
- our marriage cert
- for proof of address he used a bank statement for his sole account
- the COA (he obviously didn't have this at the first interview)

He was asked if we had any minor children together (we don't). He wasn't asked about whether we were living together, I think the interviewer just assumed we were, so no proof of this was asked for. He was asked about his intentions, ie why did he require a national insurance number. There's a substantial section of the form near the end where the interviewer writes lots of notes about this. My husband said he needed the number to be able to obtain employment.

[LunarGirl]

Congrats on getting the RC.

It depends on where you live in the UK, some places don't require that you attend for a national insurance interview, it can all be done by post. Best of luck!

[Jellybean105]

Thanks! I sent it on the 27th so I hope I get it soon. Is there a chance they won't reply? If they don't, should I re-send it?

[LunarGirl]

I know the HO have the ''DO NOT CALL US'' message plastered all over their correspondence but in certain instances, like yours (when they have clearly made a mistake and they haven't rectified it in a timely manner from your postal communication) calling them would not be deemed to be inappropriate.

[LunarGirl]

We were so mad about how long it was taking for my husband's COA to be amended that I had already contacted Solvit and our local MP. But just as they had replied we received the correct version.

[Jellybean105]

I know the HO have the ''DO NOT CALL US'' message plastered all over their correspondence

You can say that again! They haven't included any way to contact them on our letter. No email, no phone number.. nothing. Just the address, which I'm guessing was mandatory. Like I mentioned before, he didn't even put his name on the letter. He better reply soon.
Like you said, my husband can't sit around doing nothing for 6 months!

[LunarGirl]

Some Home Office contact telephone numbers:
0845 010 2500
0870 6067766
01516725626
There's a 0300 number floating about too.

[LunarGirl]

#NEW DEVELOPMENT
I've just read on another forum about how the Home Office are 'selectively' sending out the short COA to people who qualify for the long one. They have conveniently added on this bit in an attempt to curtail those who should be granted the correct longer COA:
''we will not revisit the terms of your Certificate of Application during consideration of your case''.
This is a new add-on. Can they get away with this under EU law?

[chaoclive]

Where was that statement written? On the COA without the right to work?

After you let m know, I'll drop them an Freedom of Info Act question on www.whatdotheyknow.com to see if I can get any more details. I'm sure that is not in compliance with the spirit of the Directive, but then when has the UK cared about that?

[LunarGirl]

Yes C, this is written on the COA of someone who DID NOT get the right to work while their application is being considered. They are a married couple and the non EU wife has a FP for the UK.

One has to ask if this is now a deliberate ploy from the Home Office or are they just making mistakes in the processing of the applications? A Freedom of Information request is a great idea, thanks.