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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Have you also seen the latest entry yet?mixme wrote:Thanks so much for the information.
I found this delightful website where i can ask the home office directly.
http://www.whatdotheyknow.com/request/e ... ificate_of
apparently they have to answer me within 20 days.
Actually the CoA says clearly that you are free to live and work in the UK until a decision on the application has been made (without a specific time limit). It becomes confusing, however, in the Note for employers where it says that such applications should be resolved within six months and that therefore after these six months they expect you to be able to present a residence card as evidence of your right to work.John wrote:The employer is required to hold proof that the person is entitled to work. The CoA issued by UKBA clearly says that it is valid for only 6 months, so what do we expect employers to do. They do face penalties of up to £10000 per illegal employee!
Ah no! Very few employers, employing illegal workers, are taken to Court. That only happens in extreme circumstances, given the hassle of preparing papers etc to mount a prosecution. So what does happen? The employer is served with a Penalty Notice, similar in concept terms to the way a motorist caught speeding is issued with a ticket. but much much more expensive!I can understand the point of view of an employer who simply doesn't want the hassle to be taken to court by UKBA
Yes, but that just confirms UKBA's lack of ability to read the EU Directive, where Article 10.1 reads :-in the Note for employers where it says that such applications should be resolved within six months
Pretty unambiguous that ..... "no later than six months" !The right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called "Residence card of a family member of a Union citizen" no later than six months from the date on which they submit the application. A certificate of application for the residence card shall be issued immediately.