Refusal of EEA RC and termination by employer

[ijjlian]

Dear all,

I am a non-EEA married to an EEA. 4 years of marriage, lived in Germany together before coming to the UK in January.

I received a job offer when I was still in Germany. Thus, I applied for an EEA family permit from Germany and started working in London in February.

When I started working, my employer copied all foolwing documents from originals: My passport, my husband's passport, my EEA family permit, our marriage certificate. And they had a copy of my german residence card during the application process. In fact I had to lodge in a new EEA family permit application to extend the time it covers. Thus, they had copies of 2 EEA FPs I received.

I have recently got a refusal from Home Office for my EEA 5-year RC application, because I misinterpreted the guidance and submitted my national ID instead of my passport. (I needed the passport for business travel and I was very inexperienced in UK processes, and read some misleading information in the internet).

On my refusal letter the reason for refusal was clearly outlined as the lacking passport. Additionally the letter had a line recognising the status of my EU sponsor and our relationship.

I presented the letter to my employer, which is a large corporate with access to all kind of legal services. They also copied this letter.

My employer decided to terminate my contract at the spot fearing the Home Office or alike (my assumption). They agreed to rehire me when I receive my next CoA.

I claimed that I would not even need an RC or alike to work, printed for them the page of the HOme Office website as proof. Their opinion was I was "kind of" not legal status to work due to the refusal.

I could not do anything to avoid their decision.

Now I am in the process of being re-hired as I received my CoA.

However, this was one of the most awful expriences in my life as within a matter of 2 days I received refusal and lost my job. I find it sickening that my job is tied to such a thin thread.I lived in Germany, Italy and Luxembourg before the UK. I havent seen anything like this.

Can anyone give advise what I could have done to avoid being fired after receiving a refusal on this basis?

[noajthan]

The COA/RC are merely confirmatory they don't confer any rights. So lack of RC is not end of world.
A FP confirms right to work for 6 months.

If you still had a valid FP at the relevant time you could have remained in work regardless of COA/RC.

If let go despite your 2 FPs, suggest employer fires its legal services experts and gets some acquainted with EU employment law. And file case for compensation, lost remuneration, vacation rights and tenure reinstatement (etc).

[ijjlian]

Their legal support most probably looks at the issue from the perspective what may bring least harm to the firm under these circumstances. The sad thing is that the legal reps of firms have no interest in resolving the issue also in the best way for the employee.

I understand also that this way the first time my employer was faced such an issue, as most of their employees are European or on a company sponsorship.

I am wondering whether it would have helped if I hired a lawyer and ask him to issue an independent legal opinion as to my status. Wondering whether a corporate would have accepted such third party evidence.

[noajthan]

Their legal support most probably looks at the issue from the perspective what may bring least harm to the firm under these circumstances. The sad thing is that the legal reps of firms have no interest in resolving the issue also in the best way for the employee.

I understand also that this way the first time my employer was faced such an issue, as most of their employees are European or on a company sponsorship.

I am wondering whether it would have helped if I hired a lawyer and ask him to issue an independent legal opinion as to my status. Wondering whether a corporate would have accepted such third party evidence.

Ofcourse they do that. But ignorance is no defence especially as this is a major company not just some mom and pop outfit..

If employees are European they must have come across this before.

Was FP still valid at the time?
Did the employer even run an ECS at appropriate time (after you had enrolled biometrics)?
If not suggest take them to cleaners. And move on.

[ijjlian]

Employer is American corporate with offices in London and Gemany, howevery mainly in London. I doubt that the employ many other people with EEA-spouse status. They employ mostly EU nationals.

My FP has expired by the time I got a refusal. Do you think it could be a good idea to travel to home coutnry and apply for another FP before receiving decision on the RC? ... I just thought doing this could save my a**?


My employer did a ECS check for my first RC application when I received the CoA (in April). My FP expiser in 10 June. I got refusal in October 1. I got fired on October 6.

I lodged my second application on October 7,received by HO on 10th October, as I kept the originals to allow my employer to take comfort in documents I was holding. They finally totally ignored this approach although at the beginning they seemed that they could agree with such approach. I believe their legal advice advised them against that for some reason.

After I received the second CoA my employer started a rehiring process.

Result is that I will have been unemployed for 2 months. They paid me 4 weeks in lieu of notice period as I passed my probation before.

I feel they will introduce a different clause in my work contract to cover for this for the next time.

[noajthan]

Employer is American corporate with offices in London and Gemany, howevery mainly in London. I doubt that the employ many other people with EEA-spouse status. They employ mostly EU nationals.

My FP has expired by the time I got a refusal.

...

After I received the second CoA my employer started a rehiring process.

Result is that I will have been unemployed for 2 months. They paid me 4 weeks in lieu of notice period as I passed my probation before.

I feel they will introduce a different clause in my work contract to cover for this for the next time.

Chalk it to experience then, not much to be done to a transnational if you want to stay there.
But HR should be up to speed and know how to handle this.

Other members have reported going abroad before RC received and have returned on a fresh FP. So it could be done.

[ijjlian]

Hmm thanks for confirming my thoughts about my approach. I think this is the least destructive way of dealing with the situation. I would have applied for the FP if I had known that refusal was a potential outcome. Wouldnt have happened in Germany where I spent more than 3 years.

I also understand from UK official sites that one can only argue against unfair dismissal in courts after 2 years of employment in a company?

I will sink this in, and try to be more careful for future I guess...

[mona2016]

Hello ijjlian,

I have exactly the same situation. Following refusal of RC I submitted new application on 8th November and currently waiting for my COA... However my employer agreed to wait until I get COA and in mean time to take unpaid leave until I receive COA ....

Can you please advise how long you waited until received new COA from the date of your submission?

Thank you

Mona

[ijjlian]

It took exactly 3 weeks. They received it on 10th Oct, I got CoA on 3rd Nov.

Can you give some details with regards to your employer?

international corp or small business? based in which city?

did they come up with the approach? i.e. how did the process of their decision go for you?

Feel free to PM me if that is an option.

[Obie]

The Employer acted unlawfully in dismissing you.

[ijjlian]

If unlawful, what procedure could have been followed?

[Obie]

Employment tribunal .

[ijjlian]

Is it possible with 8 months history? I thought min 2 years required in the UK?

[Obie]

Did you have a contract with them?

Did they terminate that contract because they believe you have no right to be in UK?

If the 2 questions are answered in the affirmative, then 2 years employment is totally irrelevant and deal with something else other than the issue associated with your case.

[ijjlian]

Indeed both affirmative. I am fine with not taking them to the court at this stage as I do not want to create any bad will with anyone. As long as I am employed back my loss is limited. Building good relationships is not easy but burning bridges is.

However for future cases, what is the best way to look for a solicitor? I tried to talk with some to get advice but before I can judge solicitor's experience they already quote prices. It would be stupid to pay someone before even being able to judge whether they have experience in that area of immigration law. Or am I just blabbing as I have no experience in this?

I think admins cannot give advice on solicitor right? I remember reading this somewhere. However it would be great if you could give some tips how to find/choose a good representative which are well informed of case law related to EEA-route applications or EU law in general.