Right to work in the UK. Little help

[perilomo]

Hello,

Unfortunately i am needing to post here again with hopes for salvation. As previously i have started a thread about my RC being refused due to insufficient comprehensive sickness insurance, me and my wife decided to re-apply for the EEA 2 application. THe problem is we are still waiting for her passport renewal (A couple of weeks merely now).

Since i am residing in the UK and my FP have expired. I have applied for a job before my FP have expired and now have gotten the results which say i am successful, however they need a valid confirmation of my eligibility to work in the UK as my FP has expired.

I tried to convince the HR that by the EU directive i do not need any visa or confirmation as long as my partner exercise treaty in the UK, but she did not want to listen and told me that only a RC will be counted.

Is there a way to prove to her that i can accept the job?

Also last time when i have applied for an EEA2 it stated that they cannot confirm my eligibility to work in the UK (Even though i am married to an EEA National), and i have read in the forums here that this is a mistake and i am supposed to get a CoA that states:
"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...''

My question will be is this CoA is valid enough for me to state that i am now eligible to work in the UK?

But the biggest question would be, how can i prove immediately that i am eligible to work, even before re-applying for an EEA2 as the position i am after might get taken and no longer be vacant by the time i am getting a response from HO

Thank you very much in advance

Edit:

Very important would be to mention that i already have a National Insurance number as i received it while my FP was still valid

[RixiP]

Maybe somebody else will have better news but mine is bad - my husband is in a sort of similar position and we couldn't get any form of proof of right to work. We sent his employer all the info from the UKBA site re not needing an RC to work etc and told his employer to call UKBA/HO for confirmation. HO told his employer that they shouldn't give him a contract past his FP date and that he needs an RC to work so HO it seems will not confirm right to work.

Hope someone else can give advice or has better news. Sorry

[perilomo]

By EU Directive he (And me for that matter) have the right to work, and from my previous experience with HO (Which have declined my first RC application) they tell you or the employer a lot of times things that go against the law.

For example when my RC application was declined, i were asked by HO to leave the country because my FP has ran out by the time they have replied. After a lot of frustration about that matter (Specially from my wife) we found the means to get to a lawyer which re-assured us that the HO was lying about it and there was no need for me to leave the UK.

It seems like the HO is very against immigrants and that is possibly a reason for what they've told your husbands possible employer. I do understand however that once you apply for a RC it is mandatory for the HO to print a CoA which states that he is eligible to work in the UK (As you are married and you are receiving treaty in the UK).

I was just hoping that there might be a different way rather then wait this time as the vacancy could be taken by the time HO will decide to send anything by post

Edit:

Is a National Insurance Number not enough as a proof of work eligibility? I have had to receive CoA to get a NIN in the first place... I am pretty sure that it should be sufficient. Please correct me if i am wrong

[toofan]

NI number does not proof that somebody is allowed to work . according to eu law non eu family members have the same right as eu citizen.
if they are exercising treaty rights and its complex for employers to confirm eu citizen is exercisting treaty rights and confirmation of status of non eu citizen s employers would not usually risk to offer job.

[perilomo]

NI number does not proof that somebody is allowed to work . according to eu law non eu family members have the same right as eu citizen.
if they are exercising treaty rights and its complex for employers to confirm eu citizen is exercisting treaty rights and confirmation of status of non eu citizen s employers would not usually risk to offer job.

Thank you for your reply.

My issue is that my employer did not even try to confirm my partners treaty rights... They straight out told me that they need a permit for me and me alone. And that no marriage certificate will help. They have stated that my partner is indeed eligible to work, but as of me they need some "Visa" to confirm it in my passport.

Any thoughts?

Edit:

My wife is a student and have been living in the UK for more then 10 years now. She is right now finishing her second year in a University and we are married. Also because our last RC application have been refused due to "Insufficient comprehensive sickness insurance" we got insurance for both of us and it is just a matter of time for us to re-apply for an RC (We are just trying to sort her student finance first which requires the marriage certificate as well).

I have no problem proving my partners treaty rights and thus i am just as eligible to work as her, but it seems that employers would not accept that

[perilomo]

Hello again everyone,

I have just received my Certificate of Application which states that the Home Office cannot confirm my eligibility to work in the UK. This is after the fact that it's my second application with my Family Permit is already expired. We have sent them this time around our marriage certificate, my passport, all the university documents and Insurance that covers both me and my wife. The only thing is that my wife's passport is now out of date due to the last application taking too long. We have sent them a letter explaining that the passport was expired only because the last application took too long and we are now working with the Polish Embassy to renew the passport - Which we will send as soon as we get it to the Home Office to support the application even further.

Is there any chance that the home office will print the right CoA if i send them a letter pointing out that this is a mistake and i should be eligible to work in the UK as a married partner? Or is it futile in my case?

[SouthWest1]

you should have received one with a right to work as your relationship (marriage) was acknowledged when you received your FP.
Moderators will advice to write back to HO and demand the correct one.

the only thing tricky is that you did not supply a passport/id for your wife with the application!
so give it a go , you have nothing to lose

[perilomo]

I have sent a passport of my wife with the application. It is maybe out of date, but we did explain that it is due to the fact that it took a long time for the previous application to be processed, and we are now waiting for a new one from the Polish government.

We also have sent her drivers license and all university documents with it.

Could someone please help me a bit with the formulation of a letter to HO? It is the second time i am receiving this kind of CoA (The first application have had the same one) and i am literally out of words.

It feels like they are doing it on purpose =/

[Viktoria27]

Perilomo you can apply for Temporary Polish passport while waiting for the 10 years one which is done same day as your appointment in Embassy. It cost around 130 pounds and takes approx. 2h to be issued. I 've done it IN Manchester.

[perilomo]

Thank you for the reply Victoria, but i am desperately in need of income and employment. I am living in the UK without a job for 9 month... And i cannot fork out 130 pounds for a temporary passport.

I needed this CoA as soon as possible because i've found a job and they now tell me i need a proof of eligibility to work.

Any help with wording of such a letter will be more then welcome

Thanks in advance

[perilomo]

Just letting anyone interested know.

I have not sent a letter to HO yet, but today i have received another CoA which says:
"You are permitted to accept offers of employment in the United Kingdom, or to continue in employment in the United Kingdom, whilst your application is under consideration and until either you are issued with residence documentation or, if your application is refused, until your appeal rights are exhausted."

Just to add a little clarification, with the second application i have sent a covering letter saying that i have been already issued a wrong CoA in the past and asked them not to send me the wrong one again. I believe that this was the reason for the print of the second right CoA.

Thank you very much for everyone who have replied here =) The help and support you guys are providing is just way more then just important to say the least =)

[toofan]

congratulations .so you can work till you get your rc without any arguments with employers now,

[perilomo]

Hello again everyone.

I have just received the response of the potential employer about my Certificate of Application. The HR person have called me and told me that they are not willing to process my application due to the fact that my residence card can be refused and they don't want to take the risk of investing in my training because they think that i might loos my right to work if my residence card can be refused.

What can be shown or said to counter this argument legally? Because this HR person clearly wants me to either have a visa or a residence card before they intend to let me work. She have stated over the phone at least 3 times that because i have an Israeli passport and not an EU passport they need only a residence card before they are going to process my application.

Any ideas?
Thanks in advance