COA with no right to work BUT we ARE married

[toofan]

I do not know about secret policy but according to HO they are issuing coa with right to work to married applicants . just incae if there is some problem they might issue COA without right to work.
AND ACCORDING TO DIRECTIVES non eu spouse has right to work and remain in state where eu citizen is exercising treaty right.
and it says on EEA2 applicantion form as well its not mandatory.

[chaoclive]

I've made the FOI request. I'm sure it will take forever for them to reply.

@Toofan: we all know that it's not compulsory for people to apply for EEA2 in order to get the right to work. However, employers who can't see proof of this right are unlikely to employ someone in this position because there are major fines which are levied on employers who employ illegal workers. Therefore, it is always a good idea to have the COA with your right to work specified when applying for jobs.

[toofan]

the question is how home office is not issuing the right COA with right to work .as according to home office the are issuing COA in 10 days.

I know a recent case where they issued the right coa with right to work and RC WAS ISSUED IN two moth

I've made the FOI request. I'm sure it will take forever for them to reply.


@Toofan: we all know that it's not compulsory for people to apply for EEA2 in order to get the right to work. However, employers who can't see proof of this right are unlikely to employ someone in this position because there are major fines which are levied on employers who employ illegal workers. Therefore, it is always a good idea to have the COA with your right to work specified when applying for jobs.

and according to HO THIS IS THERE STAND

https://www.whatdotheyknow.com/request/ ... egulations

[LunarGirl]

Thank you for posting that interesting link Toofan.

However from my reading, it refers to the generic COA. It fails to mention why and how they decide to issue a 'short' COA or a 'long' COA based on their set down criteria. It has been an accepted rule, from threads on this site, that it should be the case that the long COA is issued to those who are married. I know this seems unfair to other couples but that is just how the law reads on the matter. The fact that they are now 'making mistakes' and sending out short COAs to married non EU applicants is the cause for concern.

[toofan]

you are welcome lunagirl.

I DONT KNW HOW ITS EFFECTING THE PEOPLE BUT THEY ARE ISSUING RC within 3 months from January .a lot of people got decision in 3 months .so I should assume rc processing time is about 3 months .

and yes there are some cases issuing short coa to married coupleS .and I know its Realy frustrating to keep sending ho messages and by the time they rectify the coa decision is ready to issue or refuse RC.

means 3 months gone .either you have RC .OR REFUSED .
and if refused no right to work.
I think this is what they are doing in some cease.

[hachim]

@Toofan: we all know that it's not compulsory for people to apply for EEA2 in order to get the right to work. However, employers who can't see proof of this right are unlikely to employ someone in this position because there are major fines which are levied on employers who employ illegal workers. Therefore, it is always a good idea to have the COA with your right to work specified when applying for jobs.

hi all, is it really not compulsory for people to apply for EEA2 in order to get the right to work??
I've applied for EEA2 as married couple and got COA with no right to work... by LAW, can i still work?
would my employer be fined 10 thousand pounds for hiring me if home office come to know?

[chaoclive]

I don't think that anyone would give you a job without seeing proof of the right, however, this right already exists.

See here: http://www.newlandchase.com/nc_blog/art ... e_proof_of

You might want to read through this: http://www.immigrationboards.com/eea-ro ... 89438.html

[dalebutt]

If your wife is exercising treaty rights, there is no way your employers could be successfully fined, if you are not already in employment, it will be difficult to convince a prospective employer that you have a right to work.

[hachim]

thanks for your reply, that gives me some hope
my ex employer which i know more than three years is willing to employ me as soon as I am entitled to work, we both thought i'm not allowed to work in the uk untill a RC or COA with right to work is issued

all i have to do now is to show him he's safe in employing me as he doesn't want to take any risk
is there any law article from official source that i can show to convince him ?

[dalebutt]

1. Overview
You can apply for a residence card if you’re from outside the European Economic Area (EEA) and living with a European partner or family member.

You don’t need a residence card to live in the UK, but it can:

help you re-enter the country more quickly and easily if you travel abroad
show employers you’re allowed to work in the UK
help prove you qualify for certain benefits and services
You should instead apply for a derivative right of residence card if you’re the carer of an EEA citizen, the carer’s child, or the child of an EEA worker and currently in education

https://www.gov.uk/apply-for-a-uk-residence-card

[kbridge]

I'm in a relationship with a EEA national since 02/2013 and we are living together since 09/2013.

We got married on 19/04/2014.

My EEA national partner was doing a training from 01/2013 to 05/2013 in a coffee shop under a Europian programme. then continuing same programme at an accommodation company from 06/2013 to 07/2013 (that was a training under a europian programme so she have no payslips or NIN).

she is registered with Jobcenter plus as a jobseeker since 10/2013 till now (she is receiving jobseeker allowance) she started working part-time a month ago (between 10 to 20 hours per week as a housekeeper) that means she still getting jobseeker allowance as she has a low income (about £400 per month).


The question I would love to ask you guys pls are:

* as we are married now (but I don't have work rights on my current student visa & she is working part time and receiving jobseeker allowance as she earns £400 per month) >> Am I allowed to work as a EEA national family member before sending my application to Home office?

** Is my wife considered exercising treaty rights (she is working part time and receiving jobseeker allowance as she earns £400 per month)?

*** Does her current situation allow me to apply for the family member visa? or should I do something concerning this?

**** I have a problem which is I didn't change my previous address with the police (I'm required to register my new address with the police every time I change it and I forgot to do so), we have our separate bank statements to prove the previous address and for the current address we have the tenancy agreement and the bank statements to prove we are living together.


Please guys I need your help. it is really complicated in my head

[Jellybean105]

Still no reply from HO after sending them a letter to change my husband's COA. I sent it on the 27th of March, so its been over 3 weeks now

Are you saying at the moment its taking around 3 months for them to make a decision? If so, I might as well wait because they are just hopeless.

[LunarGirl]

I'm sorry kbridge but I don't know the answer to your question, maybe if you post it in a new thread you might get more answers.

Jellybean, that is so damn annoying. You're right in thinking that you're likely due to receive a decision on the RC application faster than it's taking to get the right COA. The HO really do seem to have gotten stricter on not fixing their mistakes, making deliberate mistakes and putting up barriers on their phone system to put people off contacting them.

If you've exhausted all avenues of trying to make contact by phone, email and post and still haven't heard anything there is Solvit or your MP. But this all takes time and you're likely to have received your RC decision in the meantime.

[Jellybean105]

What are the chances that they will take around 3 months at the moment? Does anyone have any recent updates? I'm thinking of emailing them in a day or two, does anyone have an email add I can write to. Or if I call, what do I say?
Also, please can someone draft me a few sentences to argue the 'right' to work according to the directive? I'm really not sure how to word it. I don't want to sound threatening but want to point out that its wrong.

Even though the letter we received says no right to work, suppose my husband got a job.. would that be illegal? Or I can argue that he has the right to work what ever they say?

I really appreciate all your help.

[LunarGirl]

What are the chances that they will take around 3 months at the moment? Does anyone have any recent updates? - there was an update from euresidentGB posted today, his application was processed in very fast time.

I'm thinking of emailing them in a day or two, does anyone have an email add I can write to. Or if I call, what do I say? - please send me a PM and I'll give you an email address you could try

Also, please can someone draft me a few sentences to argue the 'right' to work according to the directive? I'm really not sure how to word it. I don't want to sound threatening but want to point out that its wrong. - the right to work stems from the EU spouse meeting the requirements of Singh. Writing all this done and taking quotes from the Directive and caselaw is all well and good but I've yet to read of anyone actually accepting it as legit proof. Most just want to see is a 'visa' in someone's passport allowing them to work.

Even though the letter we received says no right to work, suppose my husband got a job.. would that be illegal? Or I can argue that he has the right to work what ever they say? - he would be legal to work based on the fact that you guys have a Family Permit and have satisfied SS criteria.

Ps don't worry, you'll get the decision on your RC soon!

[RixiP]

My husband and I have just had this same problem :/ we are married (since 2010), I am an EEA National exercising treaty rights and so he should be entitled to a long form CoA but we received the short form one with no right to work. This is quite problematic for his job , as they require either the CoA with right to work or the RC by June or they will terminate his contract. His CoA also says that the terms of the CoA will not be revisited.

Anyone know the quickest route to get this resolved? Call, post or email? And if we call, should it be the 0300 number..? Any advice appreciated

[Jellybean105]

Hi RixiP

It actually says it won't be revisited? Thats harsh, like they know you will contact them to change it. I sent a letter a month ago and didn't get a reply so I emailed them. I got a reply straight away saying your enquiry on the 8th of April (wrong date) is being dealt with. Who knows what that means

If I get any results, I will let you know!

[LunarGirl]

Terribly sorry this has happened again.

I think it's best to do all three, call (yes it's the 0300 number now which is very difficult to get through on), post (to the Liverpool address on your COA) and email.

Complain to:

https://www.gov.uk/government/organisat ... -procedure

http://ec.europa.eu/solvit/contact/index_en.htm

http://findyourmp.parliament.uk

http://www.ombudsman.org.uk/make-a-complaint

[RixiP]

quick update for our situation - I called the 0300 number today and spoke to a really helpful guy. He said that they have all been told explicitly to say that the CoA's will not be changed regardless of any supporting info sent in etc. BUT he did say that if it's a mistake on their side that it should be able to be rectified. He suggested that a letter wouldn't help but he's going to call the relevant dept for me and see if they can change it. He said he'd call me back so will keep you updated.

Hi RixiP

It actually says it won't be revisited? Thats harsh, like they know you will contact them to change it. I sent a letter a month ago and didn't get a reply so I emailed them. I got a reply straight away saying your enquiry on the 8th of April (wrong date) is being dealt with. Who knows what that means

If I get any results, I will let you know!

Ya it actually says that - so ridiculous. I'd call on the 0300 number and see if you get any joy? Will let you know what happens with us!

[chaoclive]

Perhaps you could provide the number you call here. That way other people wouldn't have to search for it. (I'm sure someone will ask again anyway heheh).

[Jellybean105]

Yeah that would be great. Theres no contact number on our COA. If I don't get a reply by the end of the week, I'm going to call them too.

[RixiP]

Oh sorry! 0300 123 2253

[Zabeth]

Hi,

Thanks a lot for starting this thread! It gives some hope and ideas of how to proceed.

My non-EEA partner has applied for a EEA2 and received a Certificate of Application this morning stating:

"At this stage we are unable to confirm your right to workin the United Kingdom. This will depend on the outcome of the application. This is because you have not provided original" ...which we actually did.
And they've added, in bold: "We will not revisit the terms of your Certificate of Application during the consideration of your case".

Plus, they haven't mentionned any contact detail (tel, email or fax) appart from the name of the HO officer.

How harsh..

I have just tried to contact them through the 0300 123 2253, an automatic message stated that they are unable to respond now.

I'll keep you updated.

[Jellybean105]

That really sucks. I can't believe they expect applicants to sit around and do nothing for 6 months? Even students in the UK get 20 hours or something like that. Don't know what they are playing at!

[toofan]

That really sucks. I can't believe they expect applicants to sit around and do nothing for 6 months? Even students in the UK get 20 hours or something like that. Don't know what they are playing at!

I know its frustrating but they are deciding application within 3 months some people are getting decision in 40 days even .2 and half month is recent processing time for RC. IN MOST CASES these days .
its not guaranteed everyone will get decision in 2 months though