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Hi Lily,lilychan9234 wrote: ↑Tue Aug 22, 2017 6:04 pmHi there,
If you are already in the UK you should stay here and just apply for the residence card, it unfortunately MUST be done via post so you have to print out the ridiculous forms and fill it in. Or you can leave the UK and return to your home country and apply for the Family Permit which you MUST do online. In Canada where I'm from Family Permits get approved (or not approved!) within 5 working days so it will only be short stay for me. The Family Permit allows you to re-enter and it also allows you to work for 6 months; however, a lot of employers don't accept it weirdly enough and have to do the Employer Checking Service. Once you arrive in the UK with your Family Permit you have to apply for the Residence Card (once again only via paper and post) if you want to stay after the 6 months on your Family Permit.
It's really up to you but I obviously stayed here and just applied for my residence card as I thought I could continue to work even though my YM visa expired. Home Office FINALLY issued me with a COA right to work after I did my biometrics. I have NO idea why they sent me one that said I had NO right to work the first time when they sent me the letter asking for my biometrics to be done. It was such a scare - I'm not kidding. Below is my timeline if it helps!:
EEA Residence Card - unmarried partner of Irish citizen. Currently on Youth Mobility visa that expires on 06 September 2017.
July 3rd - Application sent
July 6th - Money taken
August 10 - Received confirmation email
August 12 - Received biometrics letter AND COA with no right to work! (letter dated 09 August 2017)
August 18 - Received COA with right to work (no idea why they sent me last one) (letter dated 15 August 2017)
??? - Received residence card
In addition, my employer requested a check on my right to work on the Employer Checking Serve on the 2nd of August and received a Positive Verification on the 9th of August saying I can work until 09 February 2018.
Section 3C protection arises directly from an act of parliament; it does not arise from the UK Immigration Rules. The question is how much an application for a family permit or residence card for an EFM acts like an application for a visa. It seems that there isn't any useful case law on the matter, and solicitors have been known to advise that it does. (Solicitors have also been known to give seriously incorrect legal advice.) The consequent residence card does act like a visa - the right to be treated as a family member expires when the card does, though at that time most holders would automatically acquire permanent residence.
It seems that someone who has worked at or for the Home Office believes that Section 3C protection applies. That doesn't answer the original question as to whether the OP will become an overstayer while she waits for a reply. It could be as simple as a programmer or a call line script writer mistakenly believing it applies.lilychan9234 wrote: ↑Tue Aug 22, 2017 6:04 pmIn addition, my employer requested a check on my right to work on the Employer Checking Serve on the 2nd of August and received a Positive Verification on the 9th of August saying I can work until 09 February 2018.
Hi lily,lilychan9234 wrote: ↑Tue Aug 22, 2017 6:04 pmHi there,
If you are already in the UK you should stay here and just apply for the residence card, it unfortunately MUST be done via post so you have to print out the ridiculous forms and fill it in. Or you can leave the UK and return to your home country and apply for the Family Permit which you MUST do online. In Canada where I'm from Family Permits get approved (or not approved!) within 5 working days so it will only be short stay for me. The Family Permit allows you to re-enter and it also allows you to work for 6 months; however, a lot of employers don't accept it weirdly enough and have to do the Employer Checking Service. Once you arrive in the UK with your Family Permit you have to apply for the Residence Card (once again only via paper and post) if you want to stay after the 6 months on your Family Permit.
It's really up to you but I obviously stayed here and just applied for my residence card as I thought I could continue to work even though my YM visa expired. Home Office FINALLY issued me with a COA right to work after I did my biometrics. I have NO idea why they sent me one that said I had NO right to work the first time when they sent me the letter asking for my biometrics to be done. It was such a scare - I'm not kidding. Below is my timeline if it helps!:
EEA Residence Card - unmarried partner of Irish citizen. Currently on Youth Mobility visa that expires on 06 September 2017.
July 3rd - Application sent
July 6th - Money taken
August 10 - Received confirmation email
August 12 - Received biometrics letter AND COA with no right to work! (letter dated 09 August 2017)
August 18 - Received COA with right to work (no idea why they sent me last one) (letter dated 15 August 2017)
??? - Received residence card
In addition, my employer requested a check on my right to work on the Employer Checking Serve on the 2nd of August and received a Positive Verification on the 9th of August saying I can work until 09 February 2018.
Hi Lily,lilychan9234 wrote: ↑Wed Aug 23, 2017 5:30 pmHi Eliza,
I didn't write a letter but I did write an email to NWEUROCOARequests@homeoffice.gsi.gov.uk and to pdcteam52@homeoffice.gsi.gov.uk to ask them to fix my COA. My email was strongly worded but they have 21 days to write back to me. My revised COA letter with right to work probably had NOTHING to do with them in my opinion. Firstly because they never replied to my emails and secondly when I received my revised COA letter it has only been 5 days since I wrote those emails to them, I doubt they could read emails that fast and send one out in the post that quickly haha. Hopefully yours come soon and my timeline helps you estimate when you should receive a second revised COA letter. If you haven't already, I would suggest writing to those two email addresses!
Lily
Hi Lily,lilychan9234 wrote: ↑Thu Aug 24, 2017 1:31 pmHi Eliza, yes my employer did get a reply within 5 working days. I didn't show my first COA and I also didn't tell them I couldn't work. I just told them to do the check. When I finally received the second COA I then did show it to them.
This is an extraordinarily quick timeline!maxdemian86 wrote: ↑Fri Jan 19, 2018 2:18 amHi Lily,lilychan9234 wrote: ↑Thu Aug 24, 2017 1:31 pmHi Eliza, yes my employer did get a reply within 5 working days. I didn't show my first COA and I also didn't tell them I couldn't work. I just told them to do the check. When I finally received the second COA I then did show it to them.
Thank you for sharing your story. You have a very similar case to ours. I'm an EU Citizen (Italy) in a durable relationship with my Taiwanese partner (unmarried). We have been in a relationship for more than 2 years and half now and lived together in the UK for almost 2 years (it will be exactly 2 years on the 4th of February 2018 when she moved to London to work with her Tier 5 Youth Mobility Visa). In the application we have provided all the evidences from multiple sources, in original copies.
At the beginning of January we applied for both EEA (QP) and EEA (EFM). My partner received a COA without right to work. Her Tier 5 Visa is going to expire on January 27th and her employer is asking if she still has right to work ask they would like to keep her. The situation is getting quite critical.
Can the Employer Checking Service online form confirm to her employer her right to keep working? Is this the correct link (https://www.gov.uk/employee-immigration ... ent-status) to the ECS that was used in your case?
At this link there are few options under the question "Does this person have any one of the following?":
- an ongoing application or appeal for leave to remain in the UK
- an application for no time limit to be added to a new passport by someone who already has indefinite leave to enter or remain in the UK
- an application for transferring a current visa into a new passport / Biometric Residence Permit (BRP)
- an application for a replacement BRP
- a Certificate of Application issued to a family member of an EEA national stating that the holder is allowed to work
- an Application Registration Card (ARC) for an asylum seeker stating that the holder is allowed to work
- none of the above
None of them seem to apply to our case but if you select "none of the above" (and you are not a refugee looking for settlement) the system says: "You cannot request a Home Office right to work check".
Which one of the options above has been selected by your employer to go forward with the check and to receive Positive Confirmation of right to work?
The only suitable option, at least that allows to submit the ECS form, seems to be "an ongoing application or appeal for leave to remain in the UK", even though I'm not sure it's really accurate.
I hope we will be able sort out this tricky situation soon.
Thank you in advance!
ps. Hope our timeline will be of help for someone:
January 3rd - Applications for EEA (EFM) and EEA (QP) sent in the same envelop via Royal Mail Special Delivery (along with an additional pre-paid envelop)
January 4th - Applications reached Home Office
January 8th - Money taken for both applications (debit card)
January 9th - Received confirmation email for both applications
January 11th - Received biometrics letter and COA with no right to work (letter dated January 8th)
January 12th - Biometrics submitted
??? - Received residence card