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
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