CoA no right of work but married

[Ale23]

Hi there, my husband is non-EU and on his CoA for the application of EEA residence card he received "at this stage we are unable to confirm your right to work".
It is unbelievable for us, we provided my qualified person certificate application together with his application, we submitted every possible document we had and also pictures and private conversations but the letter states we did not provide original documentation for: sufficient evidence your sponsor exercising treaty rights.
I have no clue what I should be submitting more as I attached my workplace letter confirming I work there, emails of my payslips and my original passport. The CoA states it won't be revisited until they will have made a decision on the application which means for the next 6 months no job for my husband. How are we going to sort out this situation?? We are by no means able to survive with only my salary, his visa has expired already and next week he will most surely have to stop working. We must get the CoA right!! Who should we contact?
We are desperate, please give us advice!

[khers]

Good Morning,

They are doing that in most of the applications. They use templates so don't worry too much about the wording in this case.

Send them a letter with special delivery and/or an email to: nweurocoarequests@homeoffice.gsi.gov.uk

Request a new CoA with right of work, you should state clearly that you (the EEA national) are exercising treaty rights, and that a new document should be issued because you are following the regulations.

Normally they will send you a new one in less than a week.

Keep calm, and be patient with these.... gentleman.

Best Regards and the best of luck,

James

[vinny]

Hi there, my husband is non-EU and on his CoA for the application of EEA residence card he received "at this stage we are unable to confirm your right to work".
It is unbelievable for us, we provided my qualified person certificate application together with his application, we submitted every possible document we had and also pictures and private conversations but the letter states we did not provide original documentation for: sufficient evidence your sponsor exercising treaty rights.
I have no clue what I should be submitting more as I attached my workplace letter confirming I work there, emails of my payslips and my original passport.

Perhaps they wanted original payslips?

[ALKB]

Hi there, my husband is non-EU and on his CoA for the application of EEA residence card he received "at this stage we are unable to confirm your right to work".
It is unbelievable for us, we provided my qualified person certificate application together with his application, we submitted every possible document we had and also pictures and private conversations but the letter states we did not provide original documentation for: sufficient evidence your sponsor exercising treaty rights.
I have no clue what I should be submitting more as I attached my workplace letter confirming I work there, emails of my payslips and my original passport.

Perhaps they wanted original payslips?

Or at least one corresponding bank statement showing salary being paid into the account?

[Ale23]

Hi there, my husband is non-EU and on his CoA for the application of EEA residence card he received "at this stage we are unable to confirm your right to work".
It is unbelievable for us, we provided my qualified person certificate application together with his application, we submitted every possible document we had and also pictures and private conversations but the letter states we did not provide original documentation for: sufficient evidence your sponsor exercising treaty rights.
I have no clue what I should be submitting more as I attached my workplace letter confirming I work there, emails of my payslips and my original passport.

Perhaps they wanted original payslips?

Or at least one corresponding bank statement showing salary being paid into the account?

I dont have any original ones, I only have them delivered to my email address. Also, I submitted bank statements so out of it they will see that the payslip correspond to the amount I am getting into the account. Isn't it?

[Ale23]

Good Morning,

They are doing that in most of the applications. They use templates so don't worry too much about the wording in this case.

Send them a letter with special delivery and/or an email to: nweurocoarequests@homeoffice.gsi.gov.uk

Request a new CoA with right of work, you should state clearly that you (the EEA national) are exercising treaty rights, and that a new document should be issued because you are following the regulations.

Normally they will send you a new one in less than a week.

Keep calm, and be patient with these.... gentleman.

Best Regards and the best of luck,

James

Thanks James,
Where should we send the letter to? Should we both email and send them a letter? Together with CoA they sent the invitation for enrolling biometrics, should we wait until (if?? ) we get the correct CoA or should we just submitting it?

[Ale23]

Hey guys, any other advice on that? Please please please!!

[khers]

Good Morning,

They are doing that in most of the applications. They use templates so don't worry too much about the wording in this case.

Send them a letter with special delivery and/or an email to: nweurocoarequests@homeoffice.gsi.gov.uk

Request a new CoA with right of work, you should state clearly that you (the EEA national) are exercising treaty rights, and that a new document should be issued because you are following the regulations.

Normally they will send you a new one in less than a week.

Keep calm, and be patient with these.... gentleman.

Best Regards and the best of luck,

James

Thanks James,
Where should we send the letter to? Should we both email and send them a letter? Together with CoA they sent the invitation for enrolling biometrics, should we wait until (if?? ) we get the correct CoA or should we just submitting it?

You should send the letter to the address that is stated in your CoA , and to the caseworker who signs the document that will be better. Keep record of it. Send also the email. The biometrics is another process and it will not influence the issue of the revised CoA, though they usually don't send CoA before biometrics have been enrolled, so it's curious that you had a CoA before that step. Just be clear and support your claim on the Regulations, tell them you request the issue of a new CoA with right to work. Do not add too much unnecessary wording and don't add more documents, that will just make things more complicated, they are overwhelmed with applications and enquiries as never before, so the simpliest the better for them.

Best Regards,

James.

[Ale23]

Good Morning,

They are doing that in most of the applications. They use templates so don't worry too much about the wording in this case.

Send them a letter with special delivery and/or an email to: nweurocoarequests@homeoffice.gsi.gov.uk

Request a new CoA with right of work, you should state clearly that you (the EEA national) are exercising treaty rights, and that a new document should be issued because you are following the regulations.

Normally they will send you a new one in less than a week.

Keep calm, and be patient with these.... gentleman.

Best Regards and the best of luck,

James

Thanks James,
Where should we send the letter to? Should we both email and send them a letter? Together with CoA they sent the invitation for enrolling biometrics, should we wait until (if?? ) we get the correct CoA or should we just submitting it?

You should send the letter to the address that is stated in your CoA , and to the caseworker who signs the document that will be better. Keep record of it. Send also the email. The biometrics is another process and it will not influence the issue of the revised CoA, though they usually don't send CoA before biometrics have been enrolled, so it's curious that you had a CoA before that step. Just be clear and support your claim on the Regulations, tell them you request the issue of a new CoA with right to work. Do not add too much unnecessary wording and don't add more documents, that will just make things more complicated, they are overwhelmed with applications and enquiries as never before, so the simpliest the better for them.

Best Regards,

James.

Hi James,
I have just sent the email and their automatic reply is "If appropriate a duplicate CoA will be issued with a refreshed date, but, if the original CoA did not state that you have a right to work, the replacement will take the same approach

Duplicate CoAs will be sent by post within 3 working days of the receipt of your e-mail and you will not receive a further electronic notification other than this acknowledgement. "

Hence, I am quite positive we would not get a confirmation of work with the new CoA. This is very sad, we are considering withdrawing the application and leave the country at this stage as my husband to be jobless for 6 months and live only with my salary would be pretty impossible.
Do you think instead, if we request our passports back only and leave, they would keep going with the application?
How do we inform them on a new address in case?

Thanks for your help!

[khers]

Good Morning,

They are doing that in most of the applications. They use templates so don't worry too much about the wording in this case.

Send them a letter with special delivery and/or an email to: nweurocoarequests@homeoffice.gsi.gov.uk

Request a new CoA with right of work, you should state clearly that you (the EEA national) are exercising treaty rights, and that a new document should be issued because you are following the regulations.

Normally they will send you a new one in less than a week.

Keep calm, and be patient with these.... gentleman.

Best Regards and the best of luck,

James

Thanks James,
Where should we send the letter to? Should we both email and send them a letter? Together with CoA they sent the invitation for enrolling biometrics, should we wait until (if?? ) we get the correct CoA or should we just submitting it?

You should send the letter to the address that is stated in your CoA , and to the caseworker who signs the document that will be better. Keep record of it. Send also the email. The biometrics is another process and it will not influence the issue of the revised CoA, though they usually don't send CoA before biometrics have been enrolled, so it's curious that you had a CoA before that step. Just be clear and support your claim on the Regulations, tell them you request the issue of a new CoA with right to work. Do not add too much unnecessary wording and don't add more documents, that will just make things more complicated, they are overwhelmed with applications and enquiries as never before, so the simpliest the better for them.

Best Regards,

James.

Hi James,
I have just sent the email and their automatic reply is "If appropriate a duplicate CoA will be issued with a refreshed date, but, if the original CoA did not state that you have a right to work, the replacement will take the same approach

Duplicate CoAs will be sent by post within 3 working days of the receipt of your e-mail and you will not receive a further electronic notification other than this acknowledgement. "

Hence, I am quite positive we would not get a confirmation of work with the new CoA. This is very sad, we are considering withdrawing the application and leave the country at this stage as my husband to be jobless for 6 months and live only with my salary would be pretty impossible.
Do you think instead, if we request our passports back only and leave, they would keep going with the application?
How do we inform them on a new address in case?

Thanks for your help!

The message you received is just an automatic response from their server. Nevertheless try to send the letter with special delivery and tracking to the caseworker if in three or four days you don't receive a new CoA. You can send it to:

UK Visas and Immigration
PO Box 3468
Sheffield
S3 8WA

Add your reference number and it could be send as it is with the heading "to whom it may concern" but preferably send it to the caseworker that sings the current CoA.

Regarding the request of your documents back, you should use the eform:

https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

Then you will have the option to request your documents back without withdrawing the application in which case they will continue processing or request documents and withdrawing the application in which case they will send you all your documents back and will go no further.

If you change your address you use this form:

https://eforms.homeoffice.gov.uk/outrea ... pdate.ofml

A change of address is more complicated now since they request proof of address (bills, driver's license, bank statement, etc.).

Best Regards,

James.

[Ale23]

The message you received is just an automatic response from their server. Nevertheless try to send the letter with special delivery and tracking to the caseworker if in three or four days you don't receive a new CoA. You can send it to:

UK Visas and Immigration
PO Box 3468
Sheffield
S3 8WA

Add your reference number and it could be send as it is with the heading "to whom it may concern" but preferably send it to the caseworker that sings the current CoA.

Regarding the request of your documents back, you should use the eform:

https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

Then you will have the option to request your documents back without withdrawing the application in which case they will continue processing or request documents and withdrawing the application in which case they will send you all your documents back and will go no further.

If you change your address you use this form:

https://eforms.homeoffice.gov.uk/outrea ... pdate.ofml

A change of address is more complicated now since they request proof of address (bills, driver's license, bank statement, etc.).

Best Regards,

James.[/quote]

Thanks a lot for your help James.

There is no name of the case worker, just an illegible signature. I guess I should just address it to dear sir/madam. I mentioned on the email article 3/directive 2004/38 of the EU regulation. Hoping this is still on?
I will send the letter to the address you gave me if within a few days we don't receive any news from them. I hope we will be lucky! I really do not understand why they should behave in such unfair way. I lived here for 5 years before having a 2 years break. I have just came back in March but I am working since there and not only I submitted all the documents of these few months but also the previous 5 years one. All of my payslips, p45, p60 and also letter from HMRC with my NINO. From that they can clearly see I am paying taxes so stating I didnt show enough proof of excercising the treaty right is ridiculous to my point of view.

[Ale23]

The message you received is just an automatic response from their server. Nevertheless try to send the letter with special delivery and tracking to the caseworker if in three or four days you don't receive a new CoA. You can send it to:

UK Visas and Immigration
PO Box 3468
Sheffield
S3 8WA

Add your reference number and it could be send as it is with the heading "to whom it may concern" but preferably send it to the caseworker that sings the current CoA.

Regarding the request of your documents back, you should use the eform:

https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

Then you will have the option to request your documents back without withdrawing the application in which case they will continue processing or request documents and withdrawing the application in which case they will send you all your documents back and will go no further.

If you change your address you use this form:

https://eforms.homeoffice.gov.uk/outrea ... pdate.ofml

A change of address is more complicated now since they request proof of address (bills, driver's license, bank statement, etc.).

Best Regards,

James.

Hi James,

up to now no news from them. I contacted HO through their call centre and the lady suggested me to send them a letter to the address written on my husband's CoA attaching the documents they might be requiring. I will attach the payslips from May till now, first letter confirmation from employer and a new one stating I got a pay rise.
Hopefully we will hear from them soon. Meanwhile my husband's employer is asking about CoA. He said he did not receive it yet as he got the short CoA together with biometric invitation letter (so it might be a mistake for real!). His managers are very supportive, they said they will do anything to keep him and will try to convince HR department that he has the right to stay and work. However, if HR does not have a written proof we are not quite sure he can keep on working. We are very worried!
Also, as we are thinking of relocating in case thing go totally wrong, we want to ask our documents back as I previously mentioned. Do you think by doing so HO would use it as a reason not to grant him his RC? If we also ask for marriage certificate together with our passports at this point, would they keep a record of us it or do you think they would "pretend" they don't have a proof our legal relationship?

Our timeline so far

QP & RC submitted: 20th June
Payment taken: 21st June
Bio letter with short CoA: 1st August (dated 27th July)
Bio enrolled: 2nd August
Emailed HO: 3rd August

Thanks a lot,

Alessandra

[khers]

The message you received is just an automatic response from their server. Nevertheless try to send the letter with special delivery and tracking to the caseworker if in three or four days you don't receive a new CoA. You can send it to:

UK Visas and Immigration
PO Box 3468
Sheffield
S3 8WA

Add your reference number and it could be send as it is with the heading "to whom it may concern" but preferably send it to the caseworker that sings the current CoA.

Regarding the request of your documents back, you should use the eform:

https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

Then you will have the option to request your documents back without withdrawing the application in which case they will continue processing or request documents and withdrawing the application in which case they will send you all your documents back and will go no further.

If you change your address you use this form:

https://eforms.homeoffice.gov.uk/outrea ... pdate.ofml

A change of address is more complicated now since they request proof of address (bills, driver's license, bank statement, etc.).

Best Regards,

James.

Hi James,

up to now no news from them. I contacted HO through their call centre and the lady suggested me to send them a letter to the address written on my husband's CoA attaching the documents they might be requiring. I will attach the payslips from May till now, first letter confirmation from employer and a new one stating I got a pay rise.
Hopefully we will hear from them soon. Meanwhile my husband's employer is asking about CoA. He said he did not receive it yet as he got the short CoA together with biometric invitation letter (so it might be a mistake for real!). His managers are very supportive, they said they will do anything to keep him and will try to convince HR department that he has the right to stay and work. However, if HR does not have a written proof we are not quite sure he can keep on working. We are very worried!
Also, as we are thinking of relocating in case thing go totally wrong, we want to ask our documents back as I previously mentioned. Do you think by doing so HO would use it as a reason not to grant him his RC? If we also ask for marriage certificate together with our passports at this point, would they keep a record of us it or do you think they would "pretend" they don't have a proof our legal relationship?

Our timeline so far

QP & RC submitted: 20th June
Payment taken: 21st June
Bio letter with short CoA: 1st August (dated 27th July)
Bio enrolled: 2nd August
Emailed HO: 3rd August

Thanks a lot,

Alessandra

Hello Alessandra,

It will depend on the kind of request you make. If you make an application withdrawal when asking for your documents back, they will send you all documents back and the application will no longer exist. If you request only your passports and marriage certificate without withdrawing the application, the process will continue, and later on they will request you to send your passports back again to them before issuing a letter with the outcome of your application.

Best Regards,

[Ale23]

The message you received is just an automatic response from their server. Nevertheless try to send the letter with special delivery and tracking to the caseworker if in three or four days you don't receive a new CoA. You can send it to:

UK Visas and Immigration
PO Box 3468
Sheffield
S3 8WA

Add your reference number and it could be send as it is with the heading "to whom it may concern" but preferably send it to the caseworker that sings the current CoA.

Regarding the request of your documents back, you should use the eform:

https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

Then you will have the option to request your documents back without withdrawing the application in which case they will continue processing or request documents and withdrawing the application in which case they will send you all your documents back and will go no further.

If you change your address you use this form:

https://eforms.homeoffice.gov.uk/outrea ... pdate.ofml

A change of address is more complicated now since they request proof of address (bills, driver's license, bank statement, etc.).

Best Regards,

James.

Hi James,

up to now no news from them. I contacted HO through their call centre and the lady suggested me to send them a letter to the address written on my husband's CoA attaching the documents they might be requiring. I will attach the payslips from May till now, first letter confirmation from employer and a new one stating I got a pay rise.
Hopefully we will hear from them soon. Meanwhile my husband's employer is asking about CoA. He said he did not receive it yet as he got the short CoA together with biometric invitation letter (so it might be a mistake for real!). His managers are very supportive, they said they will do anything to keep him and will try to convince HR department that he has the right to stay and work. However, if HR does not have a written proof we are not quite sure he can keep on working. We are very worried!
Also, as we are thinking of relocating in case thing go totally wrong, we want to ask our documents back as I previously mentioned. Do you think by doing so HO would use it as a reason not to grant him his RC? If we also ask for marriage certificate together with our passports at this point, would they keep a record of us it or do you think they would "pretend" they don't have a proof our legal relationship?

Our timeline so far

QP & RC submitted: 20th June
Payment taken: 21st June
Bio letter with short CoA: 1st August (dated 27th July)
Bio enrolled: 2nd August
Emailed HO: 3rd August

Thanks a lot,

Alessandra

Hello Alessandra,

It will depend on the kind of request you make. If you make an application withdrawal when asking for your documents back, they will send you all documents back and the application will no longer exist. If you request only your passports and marriage certificate without withdrawing the application, the process will continue, and later on they will request you to send your passports back again to them before issuing a letter with the outcome of your application.

Best Regards,

Hi James

As i expected we received today a copy exactly the same as the previous one even dated like the first. So no confirmation of right to work so far. I sent them yesterday a further letter but i dont have hopes anything is going to change
We will probably withdraw the application and leave the country. This is extremely unfair and against the european regulation i dont understand how they can behave like this!

[Richard W]

We will probably withdraw the application and leave the country. This is extremely unfair and against the european regulation i dont understand how they can behave like this!

It would be another small step to getting immigration down to the tens of thousands, even though it's not as big a victory as keeping a Briton and family out by refusing the non-British spouse a visa.

What should be unlawful is effectively making the right to accept employment dependent on holding a residence card.

Possession of a registration certificate as referred to in Article 8, of a document certifying
permanent residence, of a certificate attesting submission of an application for a family member
residence card, of a residence card or of a permanent residence card, may under no circumstances
be made a precondition for the exercise of a right or the completion of an administrative formality,
as entitlement to rights may be attested by any other means of proof.

I can find no evidence of the government being challenged on this in the courts. In the meantime, if your husband is dismissed, he must sue for unfair dismissal. It seems the only way of bringing pressure to bear, unfair as it is to the employer. If a residence card were a visa, the employer's excuse would be renewed until the application was decided. (I presume your husband indeed has a visa, and not a family permit or EEA Regulations stamp.)

[Ale23]

We will probably withdraw the application and leave the country. This is extremely unfair and against the european regulation i dont understand how they can behave like this!

It would be another small step to getting immigration down to the tens of thousands, even though it's not as big a victory as keeping a Briton and family out by refusing the non-British spouse a visa.

What should be unlawful is effectively making the right to accept employment dependent on holding a residence card.

Possession of a registration certificate as referred to in Article 8, of a document certifying
permanent residence, of a certificate attesting submission of an application for a family member
residence card, of a residence card or of a permanent residence card, may under no circumstances
be made a precondition for the exercise of a right or the completion of an administrative formality,
as entitlement to rights may be attested by any other means of proof.

I can find no evidence of the government being challenged on this in the courts. In the meantime, if your husband is dismissed, he must sue for unfair dismissal. It seems the only way of bringing pressure to bear, unfair as it is to the employer. If a residence card were a visa, the employer's excuse would be renewed until the application was decided. (I presume your husband indeed has a visa, and not a family permit or EEA Regulations stamp.)

Hi Richard,
Thanks for your reply. Are you suggesting that by withdrawing the application we are playing their game? I didnt quite get what you meant.
Im not British by the way that means according to uk government im less than nothing even though I have been living working and paying taxes for many years now.
And my husband apparently is even less important as hes not even european so he doesnt even have the right of work to be confirmed.
Regarding on suing the employer i dont really think would be a good idea as hes trying to keep his job by any means. Going against the company would be a bad action that also require money and time.

[Richard W]

Are you suggesting that by withdrawing the application we are playing their game? I didnt quite get what you meant.

Yes. The government has the declared aim of getting net immigration down to 'tens of thousands'. To do this, they must persuade people to leave the country.

Im not British by the way that means according to uk government im less than nothing even though I have been living working and paying taxes for many years now.

But they mostly accord you family immigration privileges compared to what Britons have.

And my husband apparently is even less important as hes not even european so he doesnt even have the right of work to be confirmed.

Well, he does have the right to work. Unfortunately, the case worker wasn't happy with the evidence you submitted. Why, and whether reasonably, we don't know. There's a policy of hostility towards those deemed to have submitted inadequate evidence, which is not helpful.

Regarding on suing the employer i dont really think would be a good idea as hes trying to keep his job by any means. Going against the company would be a bad action that also require money and time.

I'm not sure how you sue the government for preventing your husband from working, if things come to that. The government will claim that they did not force the company to sack him - they will have told the company it was its decision. The company will only take court action against the government if they cannot afford a steady drain of unfair dismissal cases. Even then, it is only likely to happen when well-run companies take the decision to assess the evidence themselves. This should be a victory in itself. If companies are then caught out by marriages of convenience, they must fight the civil fines and worse that the government metes out. The fight will be either by lobbying or in the courts. That is the only way I see change happening.

[Ale23]

Hey all
the most dramatic moment expected arrived. My husband's employer found insufficient proof for him to keep working and yesterday they decided to send him home until he provides a CoA.
We are quite frustrated to say the least, we sent email to HO and we just received exactly the same copy of previous short CoA, sent a letter to case worker (no answer so far) and yesterday we decided to send them further email and also wrote a complaint to their address.
We are unsure on what to do now. It would be very difficult for him not to work until the decision taken and also in that case, if they decide not to issue him with a RC that would have been time waste.
If my husband goes back to Italy (my home country) waiting for them to decide (it should take 3 more months now since we applied in June) could that affect their decision? Leaving UK for 3 months would be a reason for them not to grant him a RC?
Also, is there anything else we can do to obtain this damn CoA with right to work?
Thanks to anybody who is helping with that!

[dan1988uk]

It would be another small step to getting immigration down to the tens of thousands, even though it's not as big a victory as keeping a Briton and family out by refusing the non-British spouse a visa.

Oh, please. This is just scaremongering!
First: the "tens of thousands" is PER YEAR and it's about net migration for the next years, not including people already in the country.
Second: the CoA is sent by the caseworker who is a normal employee, how can an employee decide on his/her own to reduce immigration by doing this?

I think that it's just a mistake of the caseworker (I know someone who applied for PR and her application has been refused because, according to the caseworker, she didn't send pictures and they returned all the documents including the pictures that she actually provided). Mistakes should not happen, but caseworkers are human beings so they can make mistakes.

[Richard W]

It would be another small step to getting immigration down to the tens of thousands, even though it's not as big a victory as keeping a Briton and family out by refusing the non-British spouse a visa.

Oh, please. This is just scaremongering!
First: the "tens of thousands" is PER YEAR and it's about net migration for the next years, not including people already in the country.
Second: the CoA is sent by the caseworker who is a normal employee, how can an employee decide on his/her own to reduce immigration by doing this?

It is the Home Office policy that may have this effect. I am not ascribing malice to the caseworker; he is only obeying orders. He may not even be aware of a challenge to his decision that insufficient evidence was supplied.

The maxim, "Justice delayed is justice denied", applies to this case.

[Ale23]

It would be another small step to getting immigration down to the tens of thousands, even though it's not as big a victory as keeping a Briton and family out by refusing the non-British spouse a visa.

Oh, please. This is just scaremongering!
First: the "tens of thousands" is PER YEAR and it's about net migration for the next years, not including people already in the country.
Second: the CoA is sent by the caseworker who is a normal employee, how can an employee decide on his/her own to reduce immigration by doing this?

It is the Home Office policy that may have this effect. I am not ascribing malice to the caseworker; he is only obeying orders. He may not even be aware of a challenge to his decision that insufficient evidence was supplied.

The maxim, "Justice delayed is justice denied", applies to this case.

Richard, the evidence of me exercising the Treaty Right was more than enough I can ensure that.
I have no clue on how to move right now.
But I cannot avoid thinking that they are not behaving in a fair way.

[khers]

It would be another small step to getting immigration down to the tens of thousands, even though it's not as big a victory as keeping a Briton and family out by refusing the non-British spouse a visa.

Oh, please. This is just scaremongering!
First: the "tens of thousands" is PER YEAR and it's about net migration for the next years, not including people already in the country.
Second: the CoA is sent by the caseworker who is a normal employee, how can an employee decide on his/her own to reduce immigration by doing this?

It is the Home Office policy that may have this effect. I am not ascribing malice to the caseworker; he is only obeying orders. He may not even be aware of a challenge to his decision that insufficient evidence was supplied.

The maxim, "Justice delayed is justice denied", applies to this case.

Richard, the evidence of me exercising the Treaty Right was more than enough I can ensure that.
I have no clue on how to move right now.
But I cannot avoid thinking that they are not behaving in a fair way.

Ciao,

Have you received an answer to your complaint? If not, they will answer to you for sure and you can escalate the complaint further if you feel your rights are not being preserved. You can go even to the British Ombudsman, keep record of all the answers they will send you.

On the other hand, the process regarding the issue of CoA's has changed in some way, because they not only tell you that a CoA will be issued after submitting biometrics and you can only request for one after 21 days of submitting the data, but they contemplate a 21 days period to issue a new CoA after your request has been sent. In the case of those with pending appeals if seems they are now not entitled immediately to a CoA but the request is sent to the team responsible of the application to consider to issue the document and on what terms. Before you were entitled to the CoA while your application was pending, regardless of being on appeal or not. (Just to mention something about the changes I've seen)

My nephew submitted a request the past August 21 for a new CoA with right to work, since the first CoA was issued on the same terms of the document sent to your spouse without right to work. He sent a formal letter with tracking delivery and he received the past friday a new Coa with right to work. So perhaps your request fell in the hands of the wrong caseworker, since it is a CoA Team that handles these requests and each officer has different opinions though they should follow the same guidelines but it's not the case all the time.

You should try again to sent a request by email or formal letter, you should emphasize that your application is according to the Citizens Right Directive 2004/38/EC and that your spouse is entitled to a CoA with right to work since you are an EEA qualified person.

The CoA team has not much power of decision regarding your application or to determine the category of qualified person you are, so they should limit themselves to verify the validity of your application and to verify that the biometric data has been submitted.

Regarding your spouse's job, I suggest you make a copy of the request you have sent to the HO and copy of the tracking number, to show the employer that you have requested a revision of the CoA. Perhaps that will help you with some time until you sort this out.

Best Regards,

James

[khers]

Hey all
the most dramatic moment expected arrived. My husband's employer found insufficient proof for him to keep working and yesterday they decided to send him home until he provides a CoA.
We are quite frustrated to say the least, we sent email to HO and we just received exactly the same copy of previous short CoA, sent a letter to case worker (no answer so far) and yesterday we decided to send them further email and also wrote a complaint to their address.
We are unsure on what to do now. It would be very difficult for him not to work until the decision taken and also in that case, if they decide not to issue him with a RC that would have been time waste.
If my husband goes back to Italy (my home country) waiting for them to decide (it should take 3 more months now since we applied in June) could that affect their decision? Leaving UK for 3 months would be a reason for them not to grant him a RC?
Also, is there anything else we can do to obtain this damn CoA with right to work?
Thanks to anybody who is helping with that!

Don't forget to send the complaint to the "complaint team" because if you write to the caseworker regarding that most probably you won't receive any answer.

https://www.gov.uk/government/organisat ... -procedure

If you get back to Italy it will depend on the nationality of your husband. If he is a visa national but he has a valid EEA family permit or the Code 1A stamp valid for six months he wouldn't have trouble coming back to the UK, and it will not have effect on the application. You should always have the documents regarding your application and support papers in the case these are required by the immigration officers when arriving to the UK.

If he is a visa national without EEA family permit, Code 1A stamp or a residence card of a family member of an EEA citizen issued by other member state (for instance the permesso di soggiorno di familiare di citadino UE issued in Italy), he will have to apply for an EEA Family Permit to come back to the UK.

The application is ongoing so at least you cancel it, this will continue until it's decided.

Keep trying to get the revised CoA.

Best Regards,

James

[Ale23]

Hey all
the most dramatic moment expected arrived. My husband's employer found insufficient proof for him to keep working and yesterday they decided to send him home until he provides a CoA.
We are quite frustrated to say the least, we sent email to HO and we just received exactly the same copy of previous short CoA, sent a letter to case worker (no answer so far) and yesterday we decided to send them further email and also wrote a complaint to their address.
We are unsure on what to do now. It would be very difficult for him not to work until the decision taken and also in that case, if they decide not to issue him with a RC that would have been time waste.
If my husband goes back to Italy (my home country) waiting for them to decide (it should take 3 more months now since we applied in June) could that affect their decision? Leaving UK for 3 months would be a reason for them not to grant him a RC?
Also, is there anything else we can do to obtain this damn CoA with right to work?
Thanks to anybody who is helping with that!

Don't forget to send the complaint to the "complaint team" because if you write to the caseworker regarding that most probably you won't receive any answer.

https://www.gov.uk/government/organisat ... -procedure

If you get back to Italy it will depend on the nationality of your husband. If he is a visa national but he has a valid EEA family permit or the Code 1A stamp valid for six months he wouldn't have trouble coming back to the UK, and it will not have effect on the application. You should always have the documents regarding your application and support papers in the case these are required by the immigration officers when arriving to the UK.

If he is a visa national without EEA family permit, Code 1A stamp or a residence card of a family member of an EEA citizen issued by other member state (for instance the permesso di soggiorno di familiare di citadino UE issued in Italy), he will have to apply for an EEA Family Permit to come back to the UK.

The application is ongoing so at least you cancel it, this will continue until it's decided.

Keep trying to get the revised CoA.

Best Regards,

James

Ciao James,

Thanks for your info and support. Unluckily we haven't been as lucky as him. I sent an email to them after a few days of receiving the biometrics and CoA but all we got was a copy of first CoA even dated the same. Hence, I wrote a letter to the case worker addressed to the same address there was on our letter. This happened on the 9th but no reply yet.
Also, a couple of days ago I sent a further email to nweuro but addressing it to the name of caseworker (this time the automatic reply was: please allow us 21 days for a reply and you want to appeal for a CoA your request will be addressed to the specific team). Therefore, on the same day I also wrote an email to the complaint team requesting a CoA because of providing enough proof of exercising treaty right and bla bla bla.
I called a few times their Visa Query number but they were extremely reluctant and rude to say the least.
Concerning my husband's visa, yes he has an Italian 5 years permesso di soggiorno and to come to UK a 6 months FP which he was using to work. However, that expired in July and he was hoping to get CoA in order for him to keep working. His company's hr already have all of the docs of our requests to HO but they said it is not enough for them so they suspended him.
That's why we are thinking at this stage is better for him to go back to Italy and wait until decision has been made. We are aware that it would be impossible for him to be back to UK, but he will stay there for the length of 3(4?) months until he (if?) gets the RC. That's why I was asking if staying out of the country for 3 months will affect the decision. The helpline wasnt helpful, he said he wouldnt know and also that if he applied for a UK document why would he have to leave? That would mean according to them that he doesnt want to stay. Once I told him he would have wanted to stay but only if he was allowed to work-how do you think we gonna live??-and that we thought that UK was gonna follow EU regulations he just said: -Thats a private decision you need to take, you were supposed to come with higher funds, your husband can reside according to the law but its up to the government to decide who can or cannot work in its country.
I just wanted to smash the phone but hey! Thats the law so who am I to go against it???
Anyway, the plan is, if he gets the RC I dont think he will need another permit to come back to UK am I right?
If he will not get it, well that means that was not destiny for us to be here.
I am just thinking maybe is it because I applied for a QP and he for a RC just after 3 months I was here?
It is probably not enough for them to see I am a qualified person (even though its not what it states on their website). And obviously the previous 5 years dont even count as I was away for 2 years.
I dont really know what to think, we are just overwhelmed and extremely frustrated!

[Richard W]

I presume your husband is suspended without pay. Does the contract of employment allow him to accept a temporary job while suspended?

Has he contacted the local job centre? You may be eligible for benefits. Your husband is the spouse of an EEA national who is a 'qualified person', and is therefore legally allowed to work. "Possession of an RC [...] may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality." (2004/38/EC Article 25(1).)