COA with no right to work

[SOAN25]

Hi Friends!

I had applied for my dependents resident permit who are holding an Indian passport on 08/10/2015 and the biometric was performed on 23/10/2015. we have received the COA but it does not confirm the right to work for my husband as i forgot to send my original job contract and they say that i have not provided enough proof of my working as a sponsor. they have further said that we shall now receive a decision on the same and the original documents will be send to us along with our passports the same time with the decision letter. we have still not received the letter and our passports till date Please advice on the same.

[ally007]

@Soan25 what did you applied for permanent residence or just residence card?

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread.

[SOAN25]

Hi ally,

i have applied for residence card for my husband & daughter.

[SOAN25]

Thanks! @ noajthan....

[srk12]

hi,

any updates on this. as i am in a similar situation. have made PR(FM) application. have recieved COA , but no confirmation to right to work( my passport-non eea, is under renewal and has been submitted . i am losing the job as the ECS performed by my employer cannont confirm my right to work.

[noajthan]

hi,

any updates on this. as i am in a similar situation. have made PR(FM) application. have recieved COA , but no confirmation to right to work( my passport-non eea, is under renewal and has been submitted . i am losing the job as the ECS performed by my employer cannont confirm my right to work.

The HO guidance is clear, if inadequate information is submitted a short COA (no right to work confirmed) may be issued.
The guidance further explains this will not be 'corrected' even if more documents are sent later.

Ref https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 28

[srk12]

thanks noajthan,

my situation is :
1. Application for a PR(FM) to home office made on 26/01/2016. (My valid passport is expired and under renewal, application made on 04/01/2016 to Indian embassy, so PR(FM)application was sent with no passport , explanation with covering letter).
2. Received a certification of application (SHORT COA), biometrics request on 15/02/2016. However, the certification of application doesn’t confirm my right to work, due to my passport not present with the application
3. New passport got delayed. The new valid passport have been submitted to home office on 26/02/2016.
4. my employer have asked me to go on unpaid leave on 11/03/2016 untill i can provide a clear right to work document.
5.ECS performed by employer on 11/03/16. ECS response recieved on 20/03/16 saying "We are unable to provide you with a statutory excuse". to employer "The Home Office cannot provide you with a statutory excuse at this time. You may wish to take professional advice before making an employment decision."
6.have spoken to different HO helpdesk on 03001232253, they confirmed the COA will not be changed untill the application decision is completed( by 26 july 2016 ( 6 months application timeline)).
7.contacted local MP to assist me to prove my right to work. awaiting response.
8. solicitor have requested HO for new long COA on 26/02/16. no response yet.

query:
upon researching myself to better understand the situation i have stumbled upon the below links/documents.

http://www.newlandchase.com/immigration ... -proof-of/

http://www.employmentappeals.gov.uk/Pub ... wwSBDA.doc

http://eur-lex.europa.eu/legal-content/ ... 8R%2801%29 article 23,25

As, home office niether confirmed nor declined my right of work, what is my official status untill the application outcome? what else i could do to prove my right of work (my 5 year residence card expired on 27/01/16).

thank you for reading a long post. any advice is highly appreciated.

[noajthan]

thanks noajthan,

my situation is :
...

As, home office niether confirmed nor declined my right of work, what is my official status untill the application outcome? what else i could do to prove my right of work (my 5 year residence card expired on 27/01/16).

thank you for reading a long post. any advice is highly appreciated.

If you have an EEA sponsor exercising treaty rights in UK then you have the right to reside, work, study. It's just difficult for you to prove it to risk-averse employers.

[srk12]

If you have an EEA sponsor exercising treaty rights in UK then you have the right to reside, work, study. It's just difficult for you to prove it to risk-averse employers.

this is where i am getting stuck, as my HR is saying all she wants is a clear document which says i have right to work and she would like not to be penalised for employing me.

is there any support documents from gov.co.uk or eu referendum i could show her and explain the situation.

noajthan, you seems to have a lot of experiance and knowledge in these matters, could you kindly suggest what else i could do.

as both my partners, my passports are with HO, we cant even travel to non eea country.

[noajthan]

If you have an EEA sponsor exercising treaty rights in UK then you have the right to reside, work, study. It's just difficult for you to prove it to risk-averse employers.

this is where i am getting stuck, as my HR is saying all she wants is a clear document which says i have right to work and she would like not to be penalised for employing me.

is there any support documents from gov.co.uk or eu referendum i could show her and explain the situation.

noajthan, you seems to have a lot of experiance and knowledge in these matters, could you kindly suggest what else i could do.

as both my partners, my passports are with HO, we cant even travel to non eea country.

You could print out some EU-related documentation I suppose (or use the links you posted above) but if the reader is untrained, (&/or inexperienced, untrusting) its unlikely to help.
The RC is the type of document they will understand and be looking for.
The only other suggestion to be made is that your employer seeks out appropriate professional (legal) advice to understand your status.

[Richard W]

I've been racking my brains on this one, but most of the solutions seem to be down to good document management, which isn't much help for the posters:

1) Don't let one's passport expire while waiting for a residence card (RC).
2) I may have missed a fundamental flaw with this one - if so, somone please advise. Instead of going RC, Permanent RC, go RC, RC, PRC, applying for the next card at least a year before the previous one expires. That way, one should always have a residence card. (This sort of trick wouldn't work with an ILR BRP - one can't advance the expiry date, and one can't have two such BRPs.)
3) Do a day trip visa run to France (both partners). One should then get the 'EEA regulation' stamp, which has replaced the code 1A stamp. This may be acceptable as evidence of the right to work.

4) A desperate solution would be to get the residence card at a premium service centre. I don't know how successful a visit would be. It's expensive, but so is not being able to work.

[toni34]

I've been racking my brains on this one, but most of the solutions seem to be down to good document management, which isn't much help for the posters:

1) Don't let one's passport expire while waiting for a residence card (RC).
2) I may have missed a fundamental flaw with this one - if so, somone please advise. Instead of going RC, Permanent RC, go RC, RC, PRC, applying for the next card at least a year before the previous one expires. That way, one should always have a residence card. (This sort of trick wouldn't work with an ILR BRP - one can't advance the expiry date, and one can't have two such BRPs.)
3) Do a day trip visa run to France (both partners). One should then get the 'EEA regulation' stamp, which has replaced the code 1A stamp. This may be acceptable as evidence of the right to work.

4) A desperate solution would be to get the residence card at a premium service centre. I don't know how successful a visit would be. It's expensive, but so is not being able to work.

The poster has received his PR yesterday.