EEA 2 COA

[Maarian]

Hi,
I married my EU partner on Sept 2012, in the UK I have students visa. we sent our EEA2 application form with all documents. My husband has a full time job with Salary more than 28000 PA.
I got COA but it is stated on that, they "are unable to confirm my right to work in the United Kingdom" at this stage.
Does any one knows why?
Non of their explanation fit our situation:
- “The applicant is seeking to remain in order to provide day-to-day care for an EU citizen…” – this clearly is not related to my case as I am not providing such care.
- “The applicant is the unmarried partner …” – this also do not address my situation as I am a married partner of EU citizen, proof of which has been attached to my application (Marriage Certificate)
- “The applicant has not provided satisfactory evidence of his or her identity or of his or her relationship to an EU citizen” – this also clearly does not reflect my case as:
o I have provided Marriage Certificate
o I have provided passports: both my husband’s and mine
o I have provided proof of address


Any one has any idea? Please help :-I

[ravii]

Did you attached your partners proof of salary?any pay slip or letter from employer?

[Maarian]

Yes I did.
But I send those document separably. Simply I went to post sent "everything" in my idea, came back home and notice I forgot to send my husband contract same day I send the contract with a cover letter explaining the situation. The post assure they will arrive same day. My other document was already sent when I went to post 40 min later :-/
Do you think that is the reason?

[ravii]

Yes this is the reason (i feel) as with your original application you did not attached any ducoments which proof that your EEA national partner is a qualified person.

[Maarian]

Hi again,

I sent to UKBA a cover letter appealing their COA which did not give me right to work with more document about my husband job, bank acount and salary.
But didn't hear from them after one month.
After reading lots of post in this forum I decided to send another letter to UKBA with document about our relations before marriage, we were together since 2009 and we studies in the same university (out of our home countries and out of UK) we have lost of holidays ticket, wedding film and photos which I did not sent to ukba as they were not required.
But now I am pinking that maybe they reject my visa and then I have to to wait for another 6 months for appeal,,, what do you think guys?

Yes this is the reason (i feel) as with your original application you did not attached any ducoments which proof that your EEA national partner is a qualified person.

[jevahr]

I submitted all the documentation Nov 21, and today received my CoA stating "at this stage we are unable to confirm your right to work in the United Kingdom".
As above, the same three possible reasons for arriving at this decision were stated on the back of the letter, none of which apply to me. I am American, married to a Dutch citizen who is exercising treaty rights here. We provided all necessary and original documentation (and then additional documentation that although requested, is superfluous to EU requirements).

I got some legal advice on how to challenge this, and made contact with the european commission to begin a formal complaint. The lawyer I spoke with called it 'the latest trick of the UKBA' and didn't indicate success in past appeals. My plan, therefore, is to first, challenge it, and also request our passports back. For job offers, I will present our passports and marriage certificate along w/ text from the relevant UKBA and EU websites stating that under these conditions I'm legal to work.

I'll let you know how this approach works, and let us know if anyone receives a response to their appeals.

[Maarian]

Thanks for the information. would you please let me know how you complained to EU?
I also spoke with an migration advisor and I was told that automatically I have right to work here under EU law. Though my problem is that I have no written proof in my name to show it to employers.

Last week I was invited for interview but I didn't go as I have nothing to proof my right. I think if I get our passports back the visa process will get longer, isn't like that?

[JuanHK]

Hello-

I have the same situation here. I am a Chinese and my husband is a Cypriot. I applied EEA2 on 1st Octorber, 2012.

I received CoA by 11 October saying, 'At this stage we are unable to confirm your right to work in the United Kingdom'

My husband and I submitted all the documents requested on their application's check list.

Upon receiving this CoA, I have written two letters to Liverpool PO Box 306 (the address where the CoA came from. I was told to do so by the operator of HO's inquiry line.)

I sent two letters on 25th October and 6th November asking the specific reason for this situation. I also required them to issume me a new CoA with work permission.

I never got any replies.

Therefore, I wrote a complaint letter to another address:

UKBA Complaints allocation Hub
Lunar House
Wellesley Road
Croydon
CR9 2BY

Unfortunately, I haven't got any replies either.

It is very very frustrating. I was working at a reknowed PR agency at Beijing before moving to UK. I negotiated with my ex-employer for a position at London office. Because I cannot provide the paper stating my legibility to work at UK. I lost this chance.

I also paused for seeking a job. I have been contacted by the agencies, they all require me to provide the CoA to them.

My husband also have to cancel the business trip because of my application.

I have read a lot of posts from different forum. Next, I am going to send the complaint letters to Northwest and to the Liverpool office again to push them.

I really have no idea what is the better solution to my situation now. I am so desperate to get a job!!!

[ravii]

Hello JuanHK!could you please tell us which documents you attached with your application?

[JuanHK]

Hello JuanHK!could you please tell us which documents you attached with your application?

- My passport
- My husband’s passport
- My husband’s employment contract, a letter from his company
- Our Residence property rent contract
- Utility bills (addressed both me and my husband)
- My husband’s bank statements, pay rolls
- Our marriage certificate’s notarial certificate (authenticated by both Ministry of Foreign Affairs of China and British embassy at Beijing)

It is a bit tricky for the marriage certificate. I left the original copies to Beijing in the warehouse. I didn't manage to go back China to get them before my application. I called the HO and explained the situation. The lady said it is OK if we have the duplicated copy and the utility bills(with both our names addressed.)

[ravii]

- Our marriage certificate’s notarial certificate (authenticated by both Ministry of Foreign Affairs of China and British embassy at Beijing) That's why I feel,because they need to verify this before give you a right to work

[JuanHK]

- Our marriage certificate’s notarial certificate (authenticated by both Ministry of Foreign Affairs of China and British embassy at Beijing) That's why I feel,because they need to verify this before give you a right to work

Thanks Ravii.

I agree with you. I have the feeling they are suspicious to the notarial document, though it is a copy of original marriage certificate.

Do you think I can manage to change their mind by sending complaining letters to them? I am thinking to recall my passport and my husband's passport next month. If there is any employers asked me, I can have the evidence to show them that I can work now.

Thank you again.

Best Regards,

Juan

[ravii]

I think complaint letter is not a solution,if you can arrange the original certificate then it will be positive in your application at the time of decision.And yes you can request your passport back if you need to travel any time during your application.

[JuanHK]

I submitted all the documentation Nov 21, and today received my CoA stating "at this stage we are unable to confirm your right to work in the United Kingdom".
As above, the same three possible reasons for arriving at this decision were stated on the back of the letter, none of which apply to me. I am American, married to a Dutch citizen who is exercising treaty rights here. We provided all necessary and original documentation (and then additional documentation that although requested, is superfluous to EU requirements).

I got some legal advice on how to challenge this, and made contact with the european commission to begin a formal complaint. The lawyer I spoke with called it 'the latest trick of the UKBA' and didn't indicate success in past appeals. My plan, therefore, is to first, challenge it, and also request our passports back. For job offers, I will present our passports and marriage certificate along w/ text from the relevant UKBA and EU websites stating that under these conditions I'm legal to work.

I'll let you know how this approach works, and let us know if anyone receives a response to their appeals.

Hello Javahr,

I am wondering whether you have solved your problem or have you got your Residence? I am having the same issue. I am still waiting for my Residence and it has been four months now. Though both me and my husband wrote couple of letters to UKBA to request a new COA with confirmation to my right to work. Unfortunately, nothing has happened yet. We haven't got a single reply. How inefficient UKBA is!

I had a job interview and I am likely to get the offer. When I had the interview, I explained to the employer that I legally can work at UK. But I don't know what document to provide to them to prove really.

Do you have any similar experience and you have succeed? Can you kindly share some tips with me?

Many thanks.

Best,

Juan

[JuanHK]

I think complaint letter is not a solution,if you can arrange the original certificate then it will be positive in your application at the time of decision.And yes you can request your passport back if you need to travel any time during your application.

Hello Ravii,

It's me again. Luckily I found our original marriage certificate. I left them at the corner and I had no idea!!! I posted them to the UKBA two months ago with the recorded courier. I also attached a letter said that I have provided all the requested documents, therefore I request a new COA letter to correct about the right to work. I didn't got any replies except I am confirmed that they signed to receive our marriage certificate.

Now I am in trouble to provide the potential employer the evidence to work legally at UK. Do you know whether it will work if I could provide them me and my husband's passport along with the marriage certificate's copy?

Thank you for your kind help.

Best,

Juan

[fahad346]

Hi guys

I also applied as a married partner but HO sent the COA with no right to work.

I sent them Marriage certificates (issued in uk) and all other relevant documents but still they sent the wrong COA to me, I think they just copied paste and dont bother to see application properly ?

[wiggsy]

does your COA give three faq at the bottom:

non eu parent of self sufficient child,
unmarried partner
unable to confirm id?

if so write a letter of complaint (keep hammering hard - the nail will eventually get through)

Send it to your mp, solvit (from your country), euro liverpool, and ukba complaints.

(find your own mp email address online, and solvit for your own country online too... - or rather that of your partner)

http://ec.europa.eu/solvit/site/centres ... /index.htm

http://www.parliament.uk/about/contacting/mp/
(also: www.writetothem.com)

ukba addresses are:
<liverpooleuro.passportreturns@homeoffice.gsi.gov.uk>; <UKBACustomerComplaints@homeoffice.gsi.gov.uk>;

outline that they should give you right to work as per directive 2004/38/ec. you are the direct family member of an EEA citizen. and that directive 2004/38/EC gives you this right to work.

on your email, ensure you list:
name, address, HO ref no (if you have one), CID is CASE ID: on the COA, and your Royal mail tracking number (dont know why, but they always ask for it )

also list your husbands nationality, and draw attention to the proof of ID they have : passport / marriage certificate

GL

[fahad346]

does your COA give three faq at the bottom:

non eu parent of self sufficient child,
unmarried partner
unable to confirm id?

if so write a letter of complaint (keep hammering hard - the nail will eventually get through)

Send it to your mp, solvit (from your country), euro liverpool, and ukba complaints.

(find your own mp email address online, and solvit for your own country online too... - or rather that of your partner)

http://ec.europa.eu/solvit/site/centres ... /index.htm

http://www.parliament.uk/about/contacting/mp/
(also: www.writetothem.com)

ukba addresses are:
<liverpooleuro.passportreturns@homeoffice.gsi.gov.uk>; <UKBACustomerComplaints@homeoffice.gsi.gov.uk>;

outline that they should give you right to work as per directive 2004/38/ec. you are the direct family member of an EEA citizen. and that directive 2004/38/EC gives you this right to work.

on your email, ensure you list:
name, address, HO ref no (if you have one), CID is CASE ID: on the COA, and your Royal mail tracking number (dont know why, but they always ask for it )

also list your husbands nationality, and draw attention to the proof of ID they have : passport / marriage certificate

GL

Yup exactly the same three faq !

Already wrote a formal letter on the from where i receoved COA and also at normal liverpool address (Dept 110 L2 0QN).

Gonna do all those steps by next two weeks if i wont receive any reply from them.

Thank you very for your precious advice and time mate

[wiggsy]

just write the one email, and send it to all four email addresses at the same time

TO: complaints
CC: liverpool, mp, solvit

state that your complaining, and that you are also refering the matter to both your MP / SOLVIT.

dont wait, do it asap... the sooner you move, the faster they will move. there is no need to wait, it will take time for mp/solvit to start to do their job... and if its resolved before hand you can easily email mp/solvit that the issue has been resolved. etc.

i thought the euro address was POBOX 306? (my memory may be wrong)

but remember: with email you can get a READ RECIEPT and a RECIEVED RECIEPT... and email is FREE. Letters cost money = you can also send an email EVERY DAY with no cost... to all four people...
to do a written letter to four people will cost about £4 / a time - this is why ukba dont make their email addresses too public (dig deep etc to find them) - they know less people will want to keep paying money to complain... and posting a letter is a bit of a hassle. Unlike a quick email - takes about 10 mins and click send

[teetee4Z]

Hi maarian, pls how did it go with ur coa issue, having the same problem now.
Thanking u for ur responce

[firas1990]

Hi guys,i see that your situation with the COA was in 2012 so did anyone solve his/her problem? did you get an answer about the work elgiblity from HO or at least did u get your RC approved?

Please i need your help,don t hesitate to contact me ASAP .



Kind Regar
M.Firas

[rodrimarto]

Hey guys i am having the same issue with my COA.

[firas1990]

Bro, are you married to your partner or unmarried? & is your partner working or not?

[rodrimarto]

Hi Firas1990,

No I am now divorced. I was married for 4 years and lived with my ex wife all this time here in thu UK we were both working during divorce proceedings.
I have sent all the docs to prove my ROR.

Thanks,