- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Yes. My husband is a qualified person now and has been qualified since OCT 2008.Imshzd wrote:If your husband is a qualified person at the moment then submit EEA 2 application,with all documents for last five years.
And write a letter to home office to consider PR if possible.
On this way,At least you will get RC again.
Moni wrote:Imshzd,
Thank you for your response.
If I apply tomorrow for EEA2 , can HO force me to leave UK as my visa already expired?
Any idea about Employment Check Service?
Thanks.
Imshzd wrote:Moni wrote: What you want to know about employment check service?
The letter that I got today finishes like this:Obie wrote:Well you should appeal. The six month rule is not absolute, if you spouse could show he was genuinely seeking work, and had a realistic prospect of seeking work, then this period is extended.
In my view, and it is strongly arguable, that there is a presumption that such is the case, if the person subsequently secured work after the extended period, with the effect that the whole period should be taken into account.
1:Good move.Moni wrote:I'm going to apply for EEA2 today with the docs that need to be sent for EEA2 and in October which it'll be 5 continuous years that my husband has exercised his treaty rights, I'm going to provide all the docs for the last 5 years and ask them to consider giving me PR.I was thinking in this way I have an application in process first when October comes and if I haven't received my RC by then, I could provide more docs and ask them to consider giving me PR.
My questions are:
1- Is it a wise decision to do?
2- For how long shall I provide docs when applying EEA2 ; just recent or last 6 months?
Many thanks.
I do understand your situation.Moni wrote:Well I sent EEA2 on 19th July.
My employer received the result of ECS from home office on 20 stating " I have checked our records and I can confirm based on the evidence we currently have that this individual is not currently entitled to work in the UK on the basis of an outstanding application for a residence card as the family member of a European national."
I got suspended from work from today and I should attend a disciplinary hearing later this week which I am quite positive that thet are going to dismiss me.
I called HO today they can not confirm that they have received my application and there is no way that I can ask for COA as a matter of urgency.
The problem is that HO checked me against the previous application for EEA4 and replied back to my employer while my new EE2 was on its way.
Don't know what to do. I appreciate your comments and suggestions.
I sent all these docs applying for EEA2 to HO.joanna2014 wrote:Hi in this time all u need to do is take you marriage certificate and your husband Passport and proof of address to you employer. Meeting and explain the EU law to them
Or u can buy the time and do not go to your meeting and explain them due to many resion u can ask them to postpone the meeting exampl
Unwell or stress or many thing I'm sure u can buy atlest month time with that
Hope my advice will help
Thanks
Regards
Jo
Seek legal advice. From the sounds of it, this is unfair dismissal.Moni wrote:After spending 2 days on the phone talking to Home Office and sending them emails, I managed to get the COA just in time for my hearing meeting.
Despite providing them with the new COA, I got dismissed on the grounds of not being eligible to work in period between the expiration of my last COA (while EEA4 was under process and got refused and resubmitted new docs) and the new COA.
I have to have a letter from HO to prove. I asked them to call employer help line and they told me it is my duty and responsibility not theirs.
Do you think HO provide me with such a letter or not.
Can you suggest any good solicitor who knows European law and expert in employment law as well?Jambo wrote: Seek legal advice. From the sounds of it, this is unfair dismissal.
I suggest you read Sponsors, paranoia and unfair dismissal.
Thank you for your advice. I am going to consult Citizen Adviser Bureau and do some research to find a good one.Jambo wrote:I don't know any solicitor (good or bad) and if I were you, I would not take any recommendations from people I don't know (even if they are "guru").
That's exactly what they are doing. They were telling me in the meeting that they do not have any obligation to call as they already have a letter from HO in hand that I am not eligible to work. At the end of meeting when I was dismissed, I was urging them to call and they told me that I am not their employee any more and there is no need to do that.Jambo wrote:It sounds to me that they ask you to do all the leg work for them (not willing to call Employer helpline, you need to provide the letter). Legally, they only required to check your documents once a year even if the document expires the day after they check you. Suggest to them to consult with legal advice before continuing as this is illegal and you will seek compensation in a case of unfair dismissal.
I have sent them an email last night asking them for a confirmation letter. I was talking to Employers helpline today and it seems that there is letter on the way for me. I will update here as soon as I receive that letter.Jambo wrote:I would think it would be tricky to get a letter from the HO confirming your right to work between the CoA. The HO is not very good in doing things outside their normal procedures. Better to get a solicitor to write it.
Moni wrote:After spending 2 days on the phone talking to Home Office and sending them emails, I managed to get the COA just in time for my hearing meeting.
Despite providing them with the new COA, I got dismissed on the grounds of not being eligible to work in period between the expiration of my last COA (while EEA4 was under process and got refused and resubmitted new docs) and the new COA.
I have to have a letter from HO to prove. I asked them to call employer help line and they told me it is my duty and responsibility not theirs.
Do you think HO provide me with such a letter or not.
Just a quick update:joanna2014 wrote:
you are defiantly unfair dismissal
i strongly agreed to jambo u have to go for legal advice