Unmarried partner with FP - COA says no right to work.???

[canuckUK]

I don't get it.

Everything I've read up to this point, got me to believe that if you are unmarried partner AND apply for Family Permit AND enter the UK with Family Permit AND applied for EEA2, then you should receive a COA confirming right to work, based on the fact that it isn't the 1st time they hear about the relationship.

Well, I did all that.

• - Applied for Family Permit, got it in a few days.

• - Entered the UK with FP still valid.

• - My EEA National found work.

• - I appplied for EEA2 Residence Card: I sent both passports, EEA National original work contract and print of 1st online payslip, all same original documentation used for FP to prove 10-year relationship (joint bank statement, tenancy, mortgage, etc...).

And I received a COA that says:

At this stage we are unable to confirm your right to work in the UK. This will depend on the outcome of the application. This is because you have not provided original:

• - current valid identity documents for yourself/your sponsor;

• - evidence of relationship with your EEA national sponsor;

• - sufficient evidence of your sponsor exercising Treaty rights.

We will not revisit the terms of your COA during the consideration of your case.

And on the back, in the Q & A section it says:

We are unable to confirm eligibility to take or continue employment in the UK where the applicant is the unmarried partner of an EU citizen who is exercising European free movement rights in the UK. In these circumstances there is no automatic right or entitlement to live in the UK with the EU citizen. .... This means that until we have determined that you qualify as an unmarried partner by issuing a Residence Document, you are not able to work on the basis of your relationship to your EU citizen sponsor......

Did they get it wrong or I am mistaken in thinking I should have got COA with right to work.?

I sent all the evidence they say I didn't send.
And they have previous knowledge of my 10-year unmarried relationship since they approved Family Permit.

So why a refusal or right to work.?
Any help of info would be greatly appreciated.

[SouthWest1]

EEA2 application submitted under un-married couple will always generate COA with no right for work.

it is the HO standard procedure for those kind of application.
I am afraid you are mistaken in your interpretation and the COA is a standard template.

[canuckUK]

So this is wrong then?

http://www.immigrationboards.com/eea-ro ... ml#p687254

by Jambo » Sat Aug 04, 2012 12:48 am

This is only true if the RC application is the first time the HO learn about the relationship (i.e. both have been living in the UK already and now applying as unmarried partners). In your case, the HO has examined the relationship and (now) agreed it is genuine so the unmarried partner should be treated as a family member and the CoA should allow employment.

http://www.immigrationboards.com/eea-ro ... ml#p380069

by AnnaS » Sun Jun 06, 2010 8:14 am

If you get the FP you will be able to work for the six months its valid. Normally unmarried partners do not have automatic right to work (unlike spouses) as they are considered extended family members. With the FP it should be Ok though. Good luck!

[SouthWest1]

I will leave it to Jambo to comment on point 1.

The other quote is regarding FP which you already have and it gives you the right to work. the rest of the quote applies to EEA2.

[canuckUK]

I'm gonna ask the question this way then:

Has anyone ever receive a Certificate of Application (COA) WITH right to work when:

• you are unmarried partner and;

• you applied for Family Permit as unmarried partner of EEA National and;

• you entered the UK using this Family Permit and;

• your EEA National found work (or already had work) and;

• you applied for EEA2 Residence Card.

[SouthWest1]

slight update fron Jambo in the following post
http://www.immigrationboards.com/topic164183.html

he wrote :

CoA for unmarried partner will not confirm their right to work if this is the first application they make as unmarried couples. However if the HO has already acknowledged the relationship in a previous application (EEA FP), then the CoA should conform the right to work (same as married couples).

if this is case, then you should get a COA with a right to work

[canuckUK]

I should have got a CoA with right to work, that's what I thought and still think...
But I didn't.

Now, the CoA clearly states that I shouldn't contact them and that they won't revisit the terms of my CoA, I think that if what Jambo and Obie point to is correct, then UKBA clearly f**ked up, and I should have a right to receive correct documentation from Home Office.

Anyone knows phone number where we can (try to!) reach HO to confirm my right to work.?

And my previous answer remains: Anyone has ever gotten a CoA when unmarried partner with previous EEA Family Permit.?

Thanks.

[toofan]

these days a lot of married people are even send COA without right TO work .and people are complaing they can not get through to home office line too .but HOME OFFICE IS PROCESSING rc application within 3 months .

[canuckUK]

@toofan: what a joke.!! Unbelievable...

Some interesting info I found in European Caseworker Instructions (chapter 5, page 7):
http://webarchive.nationalarchives.gov. ... dlaw/ecis/

Only if a person has been recognised as an extended family member and issued with
a residence card (or EEA family permit or registration certificate) is he to be treated
as a “family member”, with consequential rights deriving from EU law.

Until an applicant is recognised as an extended family member and issued with a
residence card (or EEA family permit or registration certificate) he has no rights
deriving from EU law.

Seems to be in line with what Jambo and many others on other forums are saying.
But why does UKBA or HO completely ignore this.??

[Jambo]

Complain.

The HO sees unmarried partner application and automatically issue a 'can not confirm' (short CoA). They should follow their own processes (and the law!).

Complain.