Durable relationship with a child and no right to work

[bluecole2]

Hi guys please help on this one.

I've got a friend in durable relationship with a polish girl exercising treaty right, and with a son together.

He uses a solicitor for his app even though I told him how simple it is and doesn't need a solicitor for this. He's once been deceived by a solicitor previously that sent him fake home office documents and kept taking his money.

Anyway he applied for a rc and he told me his solicitor sent him a copy and it states that he can't work. He told me that his solicitor said he got that because he's not married.

For me, this doesn't make sense and as far as I understood the directives, it doesn't discriminate between married or unmarried couple in durable relationship. So this is why I'm here to seek your advice.

The question is: is it legally possible for to ukba to send CoA stating that one can't work? I got a CoA myself that doesn't state my right to accept offers of employment but doesn't say I can't work and return it with a letter to them requesting they issue me with one that does which they did.

I've asked him to text me or email the exact wordings of the letter and I shall post it when possible. At least that may enlighten us on what ways to advice.

Thanks for reading and I look forward to all your opinions and 'directives/2004/38/ec's' opinion in particular.

[Jambo]

The HO are right.

The Directive does distinguish between family members and extended family member. Extended family member include also durable relationship. Extended family member don't have an automatic right to live and to work in the member state and the host country is allowed to undertake an extensive examination of the personal circumstances before making a decision. Once a decision has been made by the host country, then the extended family member enjoys the same rights as a "normal" family member.

See more here.

[Qman]

I got a CoA myself that doesn't state my right to accept offers of employment but doesn't say I can't work and return it with a letter to them requesting they issue me with one that does which they did.

If you don't mind can I just ask what your circumstances were when you did this? Married or unmarried and was there a child involved? From what I've heard, they occasionally grant the right to work where there is a child, but that's at their discretion.

I'm assuming the wording was "we cannot confirm your right to work" which to an employer is as good as saying you can't work, they won't risk a £10,000 pound fine over semantics.

[toni34]

got an umarried RC.when i applied was sent a C.O.A ,which clearly stated that i cant work till they granted me,every thing lasted 10 weeks

[bluecole2]

Thanks for your response guys

I've not been able to get the letter from him in other to upload it here. However thanks for your contribution.

One more thing guys, does anyone find it difficult getting a job with the CoA that clearly states right to receive offers of employment?

I've got CoA but I have not been able to get a job mainly because I've got CoA and not a passport.

I recently hard some interview, and was told there's no vacancy at the end of the interview even though they've been offering jobs to others in the group interview and was told they will keep my details in their so called talent bank and contact me when there's a job.

I can guarantee that I was probably the best person through out the whole interview in-terms of my approach, conduct and the way I confidently present myself and answered their questions. They've since checked my references but no call back.

In another interiew I waited over an hour because they were checking my documents. After the interview was over I was told they're very happy to give me an opportunity but the problem is my CoA. They said they have to email it to the home office and it could take a week and they'll call me back as soon as they get a response.

It's nearly a week now, no calls yet. So my question is has anyone at all found or perhaps still finding it difficult to get a job with the CoA.

Thanks, looking forward to your response.

[alekos]

Thanks for your response guys

I've not been able to get the letter from him in other to upload it here. However thanks for your contribution.

One more thing guys, does anyone find it difficult getting a job with the CoA that clearly states right to receive offers of employment?

I've got CoA but I have not been able to get a job mainly because I've got CoA and not a passport.

I recently hard some interview, and was told there's no vacancy at the end of the interview even though they've been offering jobs to others in the group interview and was told they will keep my details in their so called talent bank and contact me when there's a job.

I can guarantee that I was probably the best person through out the whole interview in-terms of my approach, conduct and the way I confidently present myself and answered their questions. They've since checked my references but no call back.

In another interiew I waited over an hour because they were checking my documents. After the interview was over I was told they're very happy to give me an opportunity but the problem is my CoA. They said they have to email it to the home office and it could take a week and they'll call me back as soon as they get a response.

It's nearly a week now, no calls yet. So my question is has anyone at all found or perhaps still finding it difficult to get a job with the CoA.

Thanks, looking forward to your response.

Same thing happened to me. UKBA took 4 weeks to get back to employer confirming my right to work. Fortunately this is a big employer, lots of openings all the time, but employer was very understanding of situation.

I have since asked my employer for the references given by UKBA, as I'd like to challenge UKBA for compensation as IMHO, I lost a month's wages due to their incompetence.

[Qman]

I'd like to challenge UKBA for compensation as IMHO, I lost a month's wages due to their incompetence.

Let us know how you get on, I may be needing this service

[wanderer47]

Let me make sure I'm understanding this: The EEA Family Permit does not give you the right to work if it has been issued on the basis of a durable relationship? You have to wait until being approved for the RC to begin seeking employment? I thought that having the EEA FP gave you the right to work upon entering the country?

[alekos]

Let me make sure I'm understanding this: The EEA Family Permit does not give you the right to work if it has been issued on the basis of a durable relationship? You have to wait until being approved for the RC to begin seeking employment? I thought that having the EEA FP gave you the right to work upon entering the country?

OP talks about a RC and CoA only. They're only issued within the UK. EEA FP are issued at embassies or High Commissions.