My EEA2 (FM) Resident Card - CoA without working rights Stor

[Iamnatasha]

Hello

I just wanted to share our story in the event it helps anyone. If you have any questions or helpful information, I would love to hear from you. Apologies for the long post in advance!

New to the forum and trying to obtain a EEA2 Residence Card as the spouse of an EEA Citizen. I am Australian and my husband is Polish/Australian. We came over here to start a new life and work. I didn't apply for the Family Permit as I am Australian and a non-visa national which means that I do not need a visa to enter the UK. Upon arriving at the boarder, my husband expressed to the Immigration Officer (IO) that he was here to exercise his freedom of movement rights as an EEA National and that I wanted to enter the UK as the spouse of an EEA National and receive the code 1A or EEA dependent stamp. The IO took our documents and and gave me a stamp that states 'Leave to enter the United Kingdom is hereby given for/until six months' the time and reference number have been handwritten with the IO 's stamp and we went on our way. The stamp doesn't state anything about being prohibited to work etc., The IO also advised to apply for the Resident Card.

The timeline of our application is below. We applied as soon as we got all the documentation in order. As my husband is technically a job seeker we applied under the route. We couldn't apply under the other routes at this stage. I need something to confirm my rights to work it is causing a headache for me when trying to find work. We included a fair bit of information to prove my husband is a job seeker and has a genuine chance of being employed. He didn't register with Job Center as from what we can see the rules have changed and this isn't really an option. Once he gets a job we will provide the contract/payslips to update this.

In addition to this, I tried to apply for a National Insurance Number but this was rejected but my husband's was successful. I need a CoA to be able to reapply. Which is against everything I have read.

I have studied and researched every bit of legislation my head can handle. I contact the EEA help line and received a response and they said that Home Office are in breach of the directive by not providing me a CoA with working rights while my application is under consideration and for declining my National Insurance Number application.

I also found written in a Home Office document that Home Office issue a CoA without working rights if you have not submitted biometric data. I received my CoA and Biometric Enrollment letter in the same envelope and I enrolled my biometrics the next possible day the post office opened. So based on this I believe this is why my first CoA stated this. I also think maybe I wasn't supposed to receive this CoA at all.

I am hoping to receive my interim CoA with working rights while my application is under consideration very soon (positive thoughts). It very stressful as I have been offered a job but they need to confirm working rights. Stressed about receiving a negative verification notice when organisation requests confirmation of working rights. I am not sure what I can really do if I get a negative notice. I found this in a Home Office document but not sure how it would stand up with an employer. 'Non-EEA nationals who claim to have a right to work in the UK as a family member of an EEA national, or by virtue of a derivative right, but who do not hold documentation issued by the Home Office. There is no mandatory requirement for non-EEA nationals who are resident in the UK as a family member of an EEA national, or who have a derivative right of residence in the UK, to register with the Home Office or to obtain documentation issued by the Home Office. Consequently, it is open to any non-EEA national who has an enforceable European Union law right to work in the UK - as a direct family member of an EEA national or by virtue of a derivative right of residence - to demonstrate the existence of that right through means other than those documents in Lists A and B which are explained in the preceding sections. In such cases, an employer may choose to accept such alternative evidence or to seek further advice from the Home Office. However, in the event that a non-EEA national is found not to qualify to work in the UK, the employer would be liable to payment of a civil penalty unless they checked the documents as set out in this document. Further guidance on EEA and non-EEA family members of EEA nationals can be found in the European casework instruction page on GOV.UK.'

Time-line as below

Entered at the UK Boarder (Code 1A) - 29/12/2015
Submitted Application for EEA1 & EEA2 - 04/01/2016
HO Received - 05/01/2016
Payments deducted - 06/01/2016
Applied for NIN - 5/01/2016
EEA1 Email Confirmation - 21/01/2016
CoA no working rights dated 20/01/2016 - received 23/01/2016
Biometric enrollment request dated 20/01/2016 - received 23/01/2016
Enrolled in biometrics - 25/01/2016
Sent email to HO and requested an updated COA with working rights - 25/01/2016
Application for NIN refused - 26/01/2016
Resent email to Home Office and requested an update on previous email - 02/02/2016
CoA with working rights - yet to be received
EEA1 Certificate - yet to be received
EEA2 Resident Card - yet to be received

Sorry for the long post!

Thanks for reading

[noajthan]

This HO guidance may help you get in the head of the caseworker assessing your case:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

See pages 25 & 28 re COAs.

It may be that HO was not satisfied with evidence of your sponsor's status as a jobseeker ...

Applications for a residence card

To be issued with a ‘long’ COA confirming a right to take employment while their application is under consideration, the applicant must have submitted:

• a valid passport;
  a valid EEA identity (ID)card or EEA passport for the EEA national;
  evidence of relationship to their EEA national (for example, marriage or birth certificates);
  and either evidence the EEA national has exercised free movement rights in the UK (as a jobseeker, worker, self-employed person, self-sufficient person or student);
  or evidence the EEA national has permanent residence in the UK

If they have not submitted all of the evidence listed above, you must issue a ‘short’ COA,which does not confirm a right to take employment.

Anyone issued with a ‘short’ COA due to their failure to submit the required evidence cannot later be issued with a ‘long’ COA (even) if they submit this evidence.

[noajthan]

May be of interest too:
eea-route-applications/home-office-dama ... 02764.html

[Iamnatasha]

Thanks for the info. My husband now has a full time job as of yesterday. What do I need to do to update this status or change our circumstances. I don't want to reply. My job offer is on the line.

This HO guidance may help you get in the head of the caseworker assessing your case:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

See pages 25 & 28 re COAs.

It may be that HO was not satisfied with evidence of your sponsor's status as a jobseeker ...

Applications for a residence card

To be issued with a ‘long’ COA confirming a right to take employment while their application is under consideration, the applicant must have submitted:

• a valid passport;
  a valid EEA identity (ID)card or EEA passport for the EEA national;
  evidence of relationship to their EEA national (for example, marriage or birth certificates);
  and either evidence the EEA national has exercised free movement rights in the UK (as a jobseeker, worker, self-employed person, self-sufficient person or student);
  or evidence the EEA national has permanent residence in the UK

If they have not submitted all of the evidence listed above, you must issue a ‘short’ COA,which does not confirm a right to take employment.

Anyone issued with a ‘short’ COA due to their failure to submit the required evidence cannot later be issued with a ‘long’ COA (even) if they submit this evidence.

[noajthan]

Thanks for the info. My husband now has a full time job as of yesterday. What do I need to do to update this status or change our circumstances. I don't want to reply. My job offer is on the line.

Congratulations on job.

Unfortunately HO guidance states, rightly or wrongly:

Anyone issued with a ‘short’ COA due to their failure to submit the required evidence cannot later be issued with a ‘long’ COA (even) if they submit this evidence.

Short of mounting a court battle not sure anything can be done apart from waiting for your RC.

[Obie]

Difficult to see how that policy can comply with EU law.

Home Office are under obligation under Article 25 of the Directive, to ensure that beneficiary of the directive can exercise their right under the directive even in the event of them not holding a document certifying their right of Residence under Regulation 14 (2).

It is open to the Original Poster to write them, or even challenge this policy, which in my opinion appear to be at variance with article 25.

[Iamnatasha]

Thanks for the replies.

It states in one of the HO's documents, that if you haven't submitted biometric data that you will get a no right to work automatically.

I am not going to not do anything. I will write them a letter and include my husbands contract of employment. Obviously within the 6 month period of the application timeframe things would change if you submitted as a jobseeker. It would be rare that you wouldn't change your status from jobseeker to worker in that timeframe.

I am stressed about losing my job offer if my working rights dont get a positive verification. HMPH

I will report back.

[dantam]

I am in a very similar situation, although I came to UK in Oct/15 with a 6 months Family Permit and I could get the National Insurance Number when I got here.

I submit my application for Residence Card in December, but my visa expired on Jan 15th, as my wife was also not working, I have applied as a jobseeker. And on Jan 14th I got the letter to do the Biometrics and also the Short CoA that does not confirm the right to work in the UK. And they have argued that we were not able to prove our relationship (actually we have sent them our certificate of marriage, statements from friends and relatives, 12 years of photos together etc etc).

My wife also got a job recently, so I have submitted a letter updating my wife's employment status and also sent additional evidences of our relationship.

I believe that I received the short CoA because my wife was not working. But now let's see.
Hope you get an answer soon, and please keep us on the loop.

I am also waiting for that to get back to work... it is really frustrating.

[Wise]

Hi Lamnatasha,

I can feel your frustration in your text. But if you're dealing with HO you need absolute patience as they know that many of us we don't know our right and even people who does sometime they will spend money to get what they want from them.

You're not the first person neither you will be the last. As I can confirm through a friend of mine who just received his RC through the same process, as you have sent your partner job details to them they may choose not to reply you, but I am sure they will forward it to your file and issued the RC in due course.

Most importantly , you need to add your case ID number to every documents send with special delivery method otherwise, it will not get to where you want.

Be calm .
Good Luck.

[Iamnatasha]

Hi Dantam

I didn't really have time to apply for the family permit that's why we took the alternative route. It does seem like we are both in the same boat in terms of our partners started as Jobseeker and now Worker status. I have updated the HO via letter. I still am yet to hear anything back and I posted the letter last Friday but I guess that only makes it 3 business days including today. I doubt they would get anything done that quickly.

It does say that if you haven't submitted biometrics that you will get a letter not confirming working rights and the biometrics to enroll and then once biometrics are enrolled, relationship evidence sufficient and exercising treaty right we should receive the CoA confirming working rights until application is decided.

I will definitely update as I get anything more from HO.

Good luck!

[Iamnatasha]

Hi Wise,

Thanks for your message. Yep frustrated I am. I am just stressed about losing a job offer and this process is frustrating as I know many others think the same too. I contacted EU for advice with all the information I could on my application and they said that HO were in breach of not providing a CoA with working rights while application is under consideration and not allowing me to get a NIN. Knowing that doesn't really change anything unless I bring a lawyer in etc.,

I sent my partners job details by letter to the HO addressed to the case worker on my biometrics letter and with my case ID and by special delivery. I sent two letters one for my husband and one for me with our separate case IDs to update his status. It was signed for the next day (Friday) upon posting it Thursday.

I called the immigration call centre and he said that they have to submit a CoA 21 days after you submit biometrics. I feel my case worker is going to leave it the last day, just because he can.

I am trying to be calm. I look forward to going back to work.

[emily666]

My case is the same.

I sent the application at 24 Nov 2015 and received CoA (w/n wr) and Biometric letter together at 07 Dec 2015.
I requested a few time by email but did not receive any updated CoA except for the automatic reply.

We worried a lot and thought maybe our documents were not enough, so we sent some photos with each other's family and additional documents 20 Feb 2016.

Now i'm still waiting for the RC.

[Iamnatasha]

Hi Emily666

So I assume to date that you haven't received a COA with working rights? I have called/emailed various times. On the phone I was told that they are supposed to send the COA after biometrics is enrolleed within 21 days (I assume business days but who knows). It at 21 business days and over that in calendar days since I submitted biometrics. I have a employer that wants my COA to start me in the job I was offered. I am expecting them to retract the offer as they can only wait so long.

Are you married or doing as defacto? I read that if defacto you won't get any confirmation of working rights until the resident card is approved.

My case is the same.

I sent the application at 24 Nov 2015 and received CoA (w/n wr) and Biometric letter together at 07 Dec 2015.
I requested a few time by email but did not receive any updated CoA except for the automatic reply.

We worried a lot and thought maybe our documents were not enough, so we sent some photos with each other's family and additional documents 20 Feb 2016.

Now i'm still waiting for the RC.

[Iamnatasha]

Today I received my COA with working rights!!!! Now we await the arrival of the card.

[dantam]

Congrats!!! That is really great!
Enjoy your new job!

I hope mine is on its way.

[Iamnatasha]

Hi Dantam,

I hope you get your letter soon.

I sent the letter updating my husband's worker status with all the information about his employment on 11th Feb and they received on the 12th. I also sent a copy of this letter to the nweurocoarequests@homeoffice.gsi.gov.uk mailbox and stated that I wanted a updated COA as per the letter. I know this email isn't really for this purpose but covered all avenues. I then waited and on 18 Feb I sent another email to the above email address asking for the COA again outlining my personal info and then just wrote an email saying that

"I am yet to receive a Certificate of Application (CoA) confirming that I am able to work while my application is under consideration. I enrolled in biometrics over 21 days ago and still haven't received anything.

Your information states the following:

When to expect your certificate of application
A certificate of application will be issued following receipt of a valid application for an EEA residence card. An application for a residence card is valid where:
- you have paid the appropriate fee for your application, and
- you have successfully enrolled your biometric information in relation to the application.
If eligible you will receive your certificate of application shortly after successful enrolment of your biometric information. If you enrolled your biometric information less than 21 days ago, please do not contact us regarding your certificate of application.
​​
In accordance with the above, I have paid the application fee, successfully enrolled in biometrics (included my reference number from the post office). Could someone please advise what is happening with this, when I can expect this CoA??"

The letter I got was dated 20 Feb but received today. My patience isn't the greatest. I am happy to wait for the Resident Card now as I can actually start my job and my employer is also happy.

I have my fingers crossed for you!

N.

[ericy]

Hi Iamnatasha,

Could you please provide some comments on my case. I think I have a similar situation but I applied for my RC while my partner was working full-time (still working). I don't know why I still received a short COA...

http://www.immigrationboards.com/eea-ro ... d#p1316344

Your insights will be really helpful!

Thanks.

[dantam]

Hi Dantam,

I hope you get your letter soon.

I sent the letter updating my husband's worker status with all the information about his employment on 11th Feb and they received on the 12th. I also sent a copy of this letter to the nweurocoarequests@homeoffice.gsi.gov.uk mailbox and stated that I wanted a updated COA as per the letter. I know this email isn't really for this purpose but covered all avenues. I then waited and on 18 Feb I sent another email to the above email address asking for the COA again outlining my personal info and then just wrote an email saying that

"I am yet to receive a Certificate of Application (CoA) confirming that I am able to work while my application is under consideration. I enrolled in biometrics over 21 days ago and still haven't received anything.

Your information states the following:

When to expect your certificate of application
A certificate of application will be issued following receipt of a valid application for an EEA residence card. An application for a residence card is valid where:
- you have paid the appropriate fee for your application, and
- you have successfully enrolled your biometric information in relation to the application.
If eligible you will receive your certificate of application shortly after successful enrolment of your biometric information. If you enrolled your biometric information less than 21 days ago, please do not contact us regarding your certificate of application.
​​
In accordance with the above, I have paid the application fee, successfully enrolled in biometrics (included my reference number from the post office). Could someone please advise what is happening with this, when I can expect this CoA??"

The letter I got was dated 20 Feb but received today. My patience isn't the greatest. I am happy to wait for the Resident Card now as I can actually start my job and my employer is also happy.

I have my fingers crossed for you!

N.

Hi Iamnatasha,

Hope all is well with your new job!

Today I received another CoA not confirming my working rights.

The CoA states that at the time of my application I have not provided the original documentation for all of the following:

- Evidence of relationship with EEA National
- Identity
- Treaty Rights

And it also mentions that they previously sent a short CoA, therefore they will not revisit the terms of the CoA during the consideration of my case.

The only documentation that I can think of not being considered as enough was as a jobseeker.
I sent them printed e-mails of job seeking and interviews scheduled, and the e-mail of registration in the Job Centre.

As a jobseeker, I wonder what kind of additional evidences can you send to the Home Office?
And why would they consider my case different from yours?

It is frustrating, I was working (with the Family Permit) and from night to day (literally), I received the short CoA and had to leave my work in the next day. Did not have time to handover my work to anyone and not even say goodbye to my colleagues, horrible feeling.

I wonder what people do whilst they wait for the decision?

Well, I just hope it will be sorted out and the decision will come soon.

Best,
Dan