COA with no right to work BUT we ARE married

[LunarGirl]

My non EU husband received his Certificate of Application this morning from the Home Office, he submitted the EEA2 application two weeks ago. However, the letter says:

"At this stage we cannot confirm your right to work in the United Kingdom. This will depend on the outcome of the application. The enclosed Questions and Answers sheet provides more information about employment rights".

Well, this is what the Q and A sheet says:

"The applicant has not provided satisfactory evidence of his identity or of his relationship to an EU citizen. We will consider your application but may need to contact you for some additional or alternative evidence..."

We are quite shocked by this to say the least. We sent more than we thought what was required as evidence of our relationship, obviously our wedding certificate, joint bank account statement, proof of living together at the same address, photographs, bills in joint names and even a transcript from a Skype conversation. We sent them our actual passports too, which are supposed to be adequate proof of identity.

I've read through posts on here of experiences of those who've received the COA with no right to work, but they have been unmarried partners or those claiming to be in a durable relationship. Please could someone advise what we should do next. My husband needs to apply for his national insurance number and start working. We cannot wait for months for this to be resolved.

[sheraz7]

He should write them and request the correct CoA. Moreover, for applying NINO usually passport and visa need although depending on the knowledge EU directive to jobcenter staff the driving license/national ID card of Non-eu national may be accepted.

[LunarGirl]

Thank you for your prompt reply. Yes, writing to them and requesting the correct COA is probably the best course of action. Do you know how long this would take and is it likely to be effective?

He has already applied for the NI number but was refused because they said he needs the COA and now he has it, it doesn't say what it should.

[sheraz7]

There are several searchable threads relating to CoA especially eea2 application timeline. If his eea family permit is not yet expired then can request back his passport (in that case he may get eea2 on a4 sized page if caseworker has no passport) otherwise wait for correct CoA or try to teach/convince job center staff about EU directive that he donot need visa which is optional to apply.

[LunarGirl]

Thanks again. My husband is American and didn't need an entry visa so he doesn't have a Family Permit. He went into the Job Centre with all of the EU legislation comprehensively composed in a letter to go along with all the other evidence of identity he needed for the national insurance interview. The interviewer agreed that all was in order, but it wasn't up to him to decide, the refusal came from our regional processing centre. We deliberately waited for the national insurance identity check interview before submitting his EEA2 application. He wants his passport to have the Residence Card sticker inside and not be sent out on an A4 piece of paper.

[eldane]

He should write them and request the correct CoA. Moreover, for applying NINO usually passport and visa need although depending on the knowledge EU directive to jobcenter staff the driving license/national ID card of Non-eu national may be accepted.

I had a sim similar situation with my wife's EEA2 appliation.
Letters from me asking for the correct COA to be issues were totally disregarded. Even my complaint about it was discussing issues about the sun while I was talking about the moon.

My MP got involved but to no effect at all. Again UK visas and immigration tyalked about the sun when I was talking about the moon. My MP had no clue about the theme and did fook all to understand.

In fact I have the feeling I was just a pain in the a$$ to them and they did all just to fob me off.

Eldane

[LunarGirl]

Hi, your post making reference to the sun and moon is very apt given my username

What is happening now with your application?

[LunarGirl]

Is there anyone reading this who has had a similar experience?

Is there any point in writing to the HO to request a corrected COA?

Has anyone actually received an amended version?

[bluer32]

To me it's clear that each ECO has little or no accountability for actions taken in any given case. Under such circumstances, I believe it's truly a crap shoot in the initial stages of the application process. You seem to have thrown snake-eyes.

There is nothing to be lost in making your position clear to the caseworker. If this action is ineffective you're no worse off. If it happens that your particular caseworker happens to be one that will reconsider, so much the better.

In the worst case, in which your application itself is refused, based on my fairly extensive readings of actual cases and communications with others that have gone this route, virtually all appeals are found in favour of the applicant.

I suggest you and your husband take every opportunity to persist in your efforts to present your case to the powers that be, in good faith that your family's only desire is to be treated fairly under the law. That is NOT too much to ask of the government!

[LunarGirl]

Thank you for your very positive post. I think that there is everything to gain from writing to request an amended COA and nothing to lose. Does anyone think that it could go against our application for the Residence Card?

[LunarGirl]

I was under the impression that the burden of proof was always on the HO with regards to EEA Residence Card applications, to prove relationship validity.

- sorry for keeping this thread alive but this news has seriously ruined our weekend

[vinny]

See also Sponsors, paranoia and unfair dismissal and subsisting marriage.

[LunarGirl]

Thanks Vinny for the links. I cannot see where we have gaping holes in our relationship. From what I've said thus far, is there a gap or hole I'm unaware of?

[vinny]

You are correct that there is no burden on the applicant to prove that a marriage to an EEA is not a marriage of convenience.

[LunarGirl]

Thanks again Vinny, that is is a very useful link.

What I need now are some optimistic posts on whether we can persuade the HO to shift from their sticking point of disallowing my husband to work while he awaits the Residence Card application decision.

[LunarGirl]

We are drafting a letter to the Home Office tomorrow to ask them to revise their initial Certificate of Application letter, does anyone have any good pointers to include?

[Jambo]

They made a mistake. They would recognise it if you point it out. Just state you have applied as married, provided proof of it and you ask for the correct CoA to be issued. Also complain (there should be a link in the HO website).

[EUsmileWEallsmile]

We are drafting a letter to the Home Office tomorrow to ask them to revise their initial Certificate of Application letter, does anyone have any good pointers to include?

Yes, the directive 2004/38/ec gives the express right to work for EU family members. Make a fuss, don't take no for an answer.

[bluer32]

Perhaps this caseworker wants to see commitment on the part of the applicant.

Minimally, be emphatic that the applicable EU Directive explicitly conveys the right to work in his circumstance. Also point to items submitted in his RC application that make evident his identity, your marriage, and life-in-common. Follow up by calling the number on the CoA. Be persistant.

[bluer32]

They made a mistake. They would recognise it if you point it out. Just state you have applied as married, provided proof of it and you ask for the correct CoA to be issued. Also complain (there should be a link in the HO website).

Hi Jambo, I'm curious as to whether you know of a specific regulation or document I can reference that speaks to the requirement that a CoA provides for the right to work in a case such as lunargirl's. Many thanks!

[LunarGirl]

Thanks to everyone who has replied on this. It's very much appreciated.
A short update...
- Home Office have received my husband's request to have his COA corrected.
- He has another appointment with the Job Centre next week to try and get his national insurance number. He spoke to an adviser there and apparently they have to confirm with the Home Office any COA they receive, regardless of whether it states right to work or not, before issuing the national insurance number. The error in our COA will be stressed in this correspondence.

[yoyomjx]

Thanks to everyone who has replied on this. It's very much appreciated.
A short update...
- Home Office have received my husband's request to have his COA corrected.
- He has another appointment with the Job Centre next week to try and get his national insurance number. He spoke to an adviser there and apparently they have to confirm with the Home Office any COA they receive, regardless of whether it states right to work or not, before issuing the national insurance number. The error in our COA will be stressed in this correspondence.

Hi Lunargirl, I have got the same issue as I am between the two jobs and it is quite critical moment to prove to new employer my right of working in UK. Have you heard back from Home Office about the request of new COA? How long does it take them to process? I am waiting for their respond as well, I just would like to know how long it takes usually and how they respond?

Many thanks

[LunarGirl]

They received the request (complaint) to change the COA just this Tuesday. As I write this, late the following Friday, we haven't heard back. I'm not expecting it to be any time soon. I intend to keep this board updated with any progress.

[Jambo]

There isn't really a need to point out to the legislation. They made a mistake and once you point it out, they will acknowledge it. Simple.

You can read the internal guide available in Annex A in here

[vinny]

The EEA national should also show that s/he is a qualified person (71).