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Permanent Residence Card - Processing Time 2017

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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jbutterfly
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Re: Permanent Residence Card - Processing Time 2017

Post by jbutterfly » Mon Aug 07, 2017 3:45 pm

Hi, my timeline

Application sent via Royal Mail: 31.01.2017
Application received: 02.02.2017
Payment taken: 03.02.2017
Case ID received: 24.02.2017

Waiting...

spring_breeze
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Re: Permanent Residence Card - Processing Time 2017

Post by spring_breeze » Mon Aug 07, 2017 4:23 pm

Hi guys, could somebody please share the address where you check the status of your application? Thank you!

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Re: Permanent Residence Card - Processing Time 2017

Post by ribena » Mon Aug 07, 2017 4:28 pm

spring_breeze wrote:Hi guys, could somebody please share the address where you check the status of your application? Thank you!
https://contact-ukvi.homeoffice.gov.uk/ ... visastatus

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Re: Permanent Residence Card - Processing Time 2017

Post by ajitk1 » Mon Aug 07, 2017 5:12 pm

jbutterfly wrote:Hi, my timeline

Application sent via Royal Mail: 31.01.2017
Application received: 02.02.2017
Payment taken: 03.02.2017
Case ID received: 24.02.2017

Waiting...
Butterfly,
I recommend you start querying about the status ASAP. Normally it takes a max of 4 months. You don't want a case similar to that suffered by Pizza.
Check your status here: https://contact-ukvi.homeoffice.gov.uk/ ... visastatus
and see if your case has already been decided. Something seems wrong.

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Re: Permanent Residence Card - Processing Time 2017

Post by spring_breeze » Mon Aug 07, 2017 6:18 pm

Thank you, ribena!

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Re: Permanent Residence Card - Processing Time 2017

Post by jbutterfly » Mon Aug 07, 2017 6:31 pm

ajitk1 wrote:
jbutterfly wrote:Hi, my timeline

Application sent via Royal Mail: 31.01.2017
Application received: 02.02.2017
Payment taken: 03.02.2017
Case ID received: 24.02.2017

Waiting...
Butterfly,
I recommend you start querying about the status ASAP. Normally it takes a max of 4 months. You don't want a case similar to that suffered by Pizza.
Check your status here: https://contact-ukvi.homeoffice.gov.uk/ ... visastatus
and see if your case has already been decided. Something seems wrong.

ajitk1 thanks. I already did plenty times - not recognised. I have contaced local MP. I have sent few emails to HO. Have called them too - for all of this has no response. Pointless... Just wanted to share my timeline to see if anybody else had similar.
Trying to be patient :)

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Re: Permanent Residence Card - Processing Time 2017

Post by heisiamthatiam » Mon Aug 07, 2017 6:39 pm

Hi this is my time line
Posted on 9/2/17
Received on 10/2/17
Money taken on 13/2/17
Application Rejected because I did not include my Ex' s ID (6th March 2017)
I wrote PM office an email telling them they were wrong in rejecting my application to which they accepted and apologised.
I sent a new application on 13/4/2017 which is was back dated by home office to 9/2/17 which was the date for the rejected application.
Biometric done on 4/5/2017 enrollment letter via email
COA letter 4/5/2017 via email
Decided on 1/8/2017
I have not yet received the decision.

How long will it take for me to get the decision in the post

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Re: Permanent Residence Card - Processing Time 2017

Post by Hstepper07 » Mon Aug 07, 2017 8:59 pm

vpalma wrote:In need of advice:

I have applied for my Pr as a direct family member of an EEA national with Permanent status.
My wife got her PR document last year.
Due to delays and errors of the Home Office, upon my residence card expiring on 19/07, I have been suspended without pay for two weeks and had my contract of employment terminated this week.

My timeline:

Non-EEA direct family member of an EEA with PR

Application sent: 27/05/17
Application received: 30/05/17
Payment taken: 31/05/17
Confirmation email: 12/07/17
Bio-metrics letter: 14/07/17 dated 11/07/2018 with error in tille:
Emails reporting error and requesting another letter sent to eurobiometrics: 14/07 - 21/07 - 28/7 - 03/07
Resident card expired 19/07 - Suspended without pay from employer until further evidence of right to work in the UK
02/08/2017 Notice of employment termination from employer stating Without acceptable right to work documentation could not extend unpaid suspension as I'd have failed to provide us with a valid up to date visa.
Email send to Home Office complains 03/08/2017
Replacement bio-metrics enrollment letter received: 05/08/2017 dated 03/08/2017
Bio-metrics sent: 05/08/17
COA: No coa to present date

Is there anything I can do to get my rights recognized and claim unfair suspension and unfair dismissal?

Thank you
Right to work is a legal requirement and employers are within their right to suspend you without pay if you cannot prove this. However, your employer should not suspend without clarifying from Home office. On what basis did they suspend you? Did you not show them your biometric letter explaining the problem or proof that you have made an application with HO? Usually employers use the nationality checking service to confirm employees right to work status with the home office. Home can send positive verification (which means you can work) or negative verification(no right to work) did your employer conduct this check?
Check your employers right to work policy if you have one and see what it says about the right to work verification process.If they have not followed their process, you can raise a complaint with ACAS free of charge. They will try and seek a resolution with your employer on your behalf.
To play safe, your employer may decide to confirm your right to work with HO before making any decision if they are sensible. Your employer should reimburse you for the period you have not earned money if HO confirms your right to work or issues you a COA with right to work.

Until HO issues confirmation, you cannt make an unfair/wrongful dismissal claim.

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Re: Permanent Residence Card - Processing Time 2017

Post by ajitk1 » Mon Aug 07, 2017 9:09 pm

jbutterfly wrote:
ajitk1 wrote:
jbutterfly wrote:Hi, my timeline

ajitk1 thanks. I already did plenty times - not recognised. I have contaced local MP. I have sent few emails to HO. Have called them too - for all of this has no response. Pointless... Just wanted to share my timeline to see if anybody else had similar.
Trying to be patient :)
Exactly why I would be worried and not patient. But yes you can do nothing if they dont respond. Recently I havent read of any cases pending that were submitted around your time.

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Re: Permanent Residence Card - Processing Time 2017

Post by Hstepper07 » Mon Aug 07, 2017 9:16 pm

Danlieb wrote:All good! I got my Royal Mail package just now with passports, docs, EEA DCPR, Non-EEA Letter. Just waiting to collect BRP from DX.

My time line below.

Non-EEA + EEA PR application
Application sent: 11/02/17
Application received: 14/02/17
Payment taken: 17/02/17
Confirmation email: 28/02/17
Biometrics letter: 02/03/17
Biometrics sent: 03/03/17
COA: 09/03/17
DX card received: 05/08/17
DCPR + docs + Passport + Non-EEA Letter: 06/08/17

Thanks to everyone sharing information and offering encouragement on this forum. I wish everyone else waiting for good news all the best with their application.

Below: just some notes about our application I'd like to share:

We arrived in the UK in Oct 2011. I (Non-EEA) started my job immediately (that was the main reason for us moving here) but my EEA wife was unemployed for 4 months. So we thought it would be better to have our qualifying period start from Feb 2012 to Jan 2017. However, my wife got her PR from Oct 2016 (not Feb 2017) but my non-EEA PR is from Feb 2017.

In addition to the 4 months unemployment (not included in application), for the first 5 months of the qualifying period, my wife was only earning around £200 a month as she was working part-time. So this was below the NI threshold. We didn't have CSI for this period as we didn't know about it. So we couldn't put her status down as self-sufficient. We put down two statuses for this period: Worker + Job Seeker. I wrote a cover letter saying I (Non-EEA family member) was the main breadwinner and I was supporting my EEA spouse (main applicant). We provided both our bank statements for this period and highlighted on my bank statements all the transactions for the bills I was paying. I also provided my payslips for this period as further evidence. In addition, we provided all the prospective emails, job applications, invitation and rejection letters during this 5-month period. She didn't register with JobCentre Plus because of the nature of her work (which we explained in the cover letter). I just thought this might interest some of you who may be in this position. We wrote 2 cover letters. My wife's was 2 pages, while mine was 1.

I am happy to answer any questions pertaining to my application.

Again all the best with yours and God bless.
Congratulations on receipt of your BRP.
I believe the date you aqcuired your permanent residence should be the same as your wifes as it is dependent on her exercising treaty rights. Also before April 2014, there was no threshold on national insurance contribution for part time workers therefore your partner would have still qualified worker status alone. Besides that, both of you did not have CSI and could not have qualified on self sufficient.

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Re: Permanent Residence Card - Processing Time 2017

Post by Jess_Mac » Tue Aug 08, 2017 10:18 am

Hi All

I have been reading this forum with great attention and it has really helped in calming my nerves. So
we want to share our experience with you all if anyone might be in the same situation we were.

Here are our timelines if you dont want to read the rest:

Application sent: 21/03/17
Application received: 22/03/17
Payment taken: 24/03/17
Biometrics letter: 10/05/17
Biometrics sent: 15/05/17
COA: 26/05/17
Perm res card received: 02/08/17
Documents received: 04/08/17

Our story is quite complicated and this is why we were so terrified of the outcome. We are a same-sex unmarried couple. I (Hungarian) obtained my PR in April 2012 and my partner (South African) was granted a 5 year non-EEA family member residence doc at the same time. A year later I applied to be naturalised and this went through fine.

Now this is where it gets interesting, since we got the PRs, they changed the law (in July 2012) that did not allow a dual citizen (British/Hungarian) to have a family member on a res doc. We had no clue that this law had come into effect so merrily carried on with my partners res doc think after the 5 years we can apply for perm res.

So I start filling out the application form in beginning of March this year and by chance as I was googling for more info, came across the story of the Macarthy case. Basically because i had naturalised, the UK does not recognise me as Hungarian - and this is the nationality that my partners res doc relied on! The panic kicked in and I was on the phone straightaway to HO. Who then proceeded to scare the living daylights out of me by telling me my partner was not here legally, had to leave and go back to South Africa and apply for a spousal permit. My world came crashing down, I went into shock and collapsed at work - you see we have been together for 13 years the thought of her being ripped from my life was very real.

Eventually after much discussion, tears and panic that evening when i went home we decided to get an immigration solicitor involved. Needless to say we went overboard with all the information we supplied HO and our solicitor recommended that we get an immigration barrister that she knew to look at our case. He agreed that because our res was granted before this new law came in, my partners res was dependent on the law of that grant date. He confirmed this in a legal letter to the HO and 'told' them that her application should be approved. And to top it off my Hungarian passport had expired and I had no other way of proving my Hungarian nationality (I was born in South Africa and got the HU nationality from my parents).

So we prepared everything, solicitor sent it all off with a lenghty covering letter (sighting the clauses that the barrister had said).

Getting back to companies threatening employees with retrenchment before you receive your COA. From what we were told this is not how it works. Your status stays the same the whole way through your application (and if you have to appeal!), and it is the companies responsibility to check your status, here: https://www.gov.uk/employee-immigration ... ent-status . What we did was got the solicitor to write a letter to the employer notifying them of this process, this way the company felt secure in what
was going on.

For those of you who are starting your process and are worried, I would say the money spent on the solicitor and barrister was well worth it. If any of you in London area need help then xxxxxxxx helped us: weblink removed by moderator We both recommend them with 5 stars (and no
this is not an advertising plug, they deserve the recognition)

Good luck all, now I can carry on planning my wedding for next May with no worries :)

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Re: Permanent Residence Card - Processing Time 2017

Post by JMMM » Tue Aug 08, 2017 10:35 am

Crentsil03 wrote:I applied on 09/05
Oh.. I understand.. thanks.. but still you got the COA few days after from your biometrics. I still haven't received it! Starting to get worried.. I know it takes up to 6 months the process itself , but I don't want that something goes wrong because they haven't sent the COA and that makes the process even longer..

I wish I could send an email asking for it..

Anyway. I'll keep waiting.. thank you again!

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Re: Permanent Residence Card - Processing Time 2017

Post by CR001 » Tue Aug 08, 2017 10:50 am

Jess_Mac wrote:For those of you who are starting your process and are worried, I would say the money spent on the solicitor and barrister was well worth it. If any of you in London area need help then xxxxxxxx helped us: weblink removed by moderator We both recommend them with 5 stars (and no
this is not an advertising plug, they deserve the recognition)
Kindly refrain from posting solicitor contact information and weblinks on the forum, this is not permitted.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Permanent Residence Card - Processing Time 2017

Post by ajitk1 » Tue Aug 08, 2017 11:51 am

Yanki1974 wrote:
vpalma wrote:In need of advice:


Bio-metrics letter: 14/07/17 dated 11/07/2018 with error in tille:
Emails reporting error and requesting another letter sent to eurobiometrics: 14/07 - 21/07 - 28/7 - 03/07
[
Right to work is a legal requirement and employers are within their right to suspend you without pay if you cannot prove this. However, your employer should not suspend without clarifying from Home office. On what basis did they suspend you? Did you not show them your biometric letter explaining the problem or proof that you have made an application with HO? Usually employers use the nationality checking service to confirm employees right to work status with the home office. Home can send positive verification (which means you can work) or negative verification(no right to work) did your employer conduct this check?
Check your employers right to work policy if you have one and see what it says about the right to work verification process.If they have not followed their process, you can raise a complaint with ACAS free of charge. They will try and seek a resolution with your employer on your behalf.
To play safe, your employer may decide to confirm your right to work with HO before making any decision if they are sensible. Your employer should reimburse you for the period you have not earned money if HO confirms your right to work or issues you a COA with right to work.

Until HO issues confirmation, you cannt make an unfair/wrongful dismissal claim.
All excellent attempt at quoting the law. However I personally feel that its better to wait a few months and get your job back (I know the implications: bills etc etc).
ACAS is nothing. They are of no real help. They will repeat stuff like the post above but wont help you practically. Im not certain if employment tribunals have stopped charging a fee when you appeal even though there was a recent judgement declaring the fee as illegal. So add that to your cost.
If you are working less than 2 years you do not have any rights and can be dismissed without reason.
I have know a lot of cases (including my place of employment) where without COA they have terminated the employment of the person. Reappointed when it was received after approx. 6 months. If you try going to court there is a possibility they will not give you the job back and then going to the tribunal etc. will cost you a lot more. I dont think the employer is duty bound to check if the person has COA with authorisation. The onus is on the applicant to provide the document. The document submitted is then verified for authenticity but they do not have to request a status report from HO.
Getting into the fine print of checking employers right to work policy is arduous and every company covers their back so you are fighting a really uphill battle.

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Re: Permanent Residence Card - Processing Time 2017

Post by Pizzahut » Tue Aug 08, 2017 12:24 pm

Thanks again Ajitk1 for your help. i understand now ..my solicitor coming back next i will ask him to check my post in his old address but in case if my documents were lost but my application was successful then do i need to give my biometrics again or HO will issue me again without biometrics? and do you know how much time they will take?

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Re: Permanent Residence Card - Processing Time 2017

Post by deeW » Tue Aug 08, 2017 12:27 pm

My timeline:

Non-EEA + EEA PR application (Self-sufficient persons with CSI-4 months gap)

Application sent: 11/04/2017
Application received: 13/04/2017,
Payment taken: 18/04/2017,
Confirmation email: 08/06/2017,
Biometric letter: 12/06/2017,
Biometric submit: 15/06/2017
COA-Dated:24/07/2017,
PR confirmation+documents received: 03/08/2017
Biometric card received: pending

Just under 4 months. :D

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Re: Permanent Residence Card - Processing Time 2017

Post by vpalma » Tue Aug 08, 2017 12:36 pm

Yanki1974 wrote:
vpalma wrote:In need of advice:

I have applied for my Pr as a direct family member of an EEA national with Permanent status.
My wife got her PR document last year.
Due to delays and errors of the Home Office, upon my residence card expiring on 19/07, I have been suspended without pay for two weeks and had my contract of employment terminated this week.

My timeline:

Non-EEA direct family member of an EEA with PR

Application sent: 27/05/17
Application received: 30/05/17
Payment taken: 31/05/17
Confirmation email: 12/07/17
Bio-metrics letter: 14/07/17 dated 11/07/2018 with error in tille:
Emails reporting error and requesting another letter sent to eurobiometrics: 14/07 - 21/07 - 28/7 - 03/07
Resident card expired 19/07 - Suspended without pay from employer until further evidence of right to work in the UK
02/08/2017 Notice of employment termination from employer stating Without acceptable right to work documentation could not extend unpaid suspension as I'd have failed to provide us with a valid up to date visa.
Email send to Home Office complains 03/08/2017
Replacement bio-metrics enrollment letter received: 05/08/2017 dated 03/08/2017
Bio-metrics sent: 05/08/17
COA: No coa to present date

Is there anything I can do to get my rights recognized and claim unfair suspension and unfair dismissal?

Thank you
Right to work is a legal requirement and employers are within their right to suspend you without pay if you cannot prove this. However, your employer should not suspend without clarifying from Home office. On what basis did they suspend you? Did you not show them your biometric letter explaining the problem or proof that you have made an application with HO? Usually employers use the nationality checking service to confirm employees right to work status with the home office. Home can send positive verification (which means you can work) or negative verification(no right to work) did your employer conduct this check?
Check your employers right to work policy if you have one and see what it says about the right to work verification process.If they have not followed their process, you can raise a complaint with ACAS free of charge. They will try and seek a resolution with your employer on your behalf.
To play safe, your employer may decide to confirm your right to work with HO before making any decision if they are sensible. Your employer should reimburse you for the period you have not earned money if HO confirms your right to work or issues you a COA with right to work.

Until HO issues confirmation, you cannot make an unfair/wrongful dismissal claim.
I provided them with the email Home Office sent me with the Case ID of my application, and when I received the first bio-metrics letter as well. They have suspended me and later terminated my contract on the basis that I could not provide them with a document demonstrating right to work in the UK despite of me sending them my wife and I, our marriage certificate, my wife´s Id card,and a copy of her DCPR permanent residence registration certificate. A copy of the guidance for employers right to work checks called " An employer’s guide to right to work checks" quoting page 41, additional information, and also the directive on citizens rights quoting articles 23, 24 and particularly 25.

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Re: Permanent Residence Card - Processing Time 2017

Post by ajitk1 » Tue Aug 08, 2017 12:41 pm

Pizzahut wrote:Thanks again Ajitk1 for your help. i understand now ..my solicitor coming back next i will ask him to check my post in his old address but in case if my documents were lost but my application was successful then do i need to give my biometrics again or HO will issue me again without biometrics? and do you know how much time they will take?
Im sorry I am unable to tell you if u have to re do your bios. It is a very trivial thing. Having to go to a Post Office and fingerprints etc. You should be more worried about all the documents you have lost. I dont think it will take the same amount of time as it took to get the approval. And one more thing is: Do you even imagine the solicitor going to his old office to check for your documents? Which world are u living in? GO YOURSELF ASK AROUND. Some kind hearted person may have kept it aside. I dont know, but stop behaving like a dependent child.

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Re: Permanent Residence Card - Processing Time 2017

Post by ajitk1 » Tue Aug 08, 2017 1:06 pm

Right to work is a legal requirement and employers are within their right to suspend you without pay if you cannot prove this. However, your employer should not suspend without clarifying from Home office. On what basis did they suspend you? Did you not show them your biometric letter explaining the problem or proof that you have made an application with HO? Usually employers use the nationality checking service to confirm employees right to work status with the home office. Home can send positive verification (which means you can work) or negative verification(no right to work) did your employer conduct this check?
Check your employers right to work policy if you have one and see what it says about the right to work verification process.If they have not followed their process, you can raise a complaint with ACAS free of charge. They will try and seek a resolution with your employer on your behalf.
To play safe, your employer may decide to confirm your right to work with HO before making any decision if they are sensible. Your employer should reimburse you for the period you have not earned money if HO confirms your right to work or issues you a COA with right to work.

Until HO issues confirmation, you cannot make an unfair/wrongful dismissal claim.[/quote]

I provided them with the email Home Office sent me with the Case ID of my application, and when I received the first bio-metrics letter as well. They have suspended me and later terminated my contract on the basis that I could not provide them with a document demonstrating right to work in the UK despite of me sending them my wife and I, our marriage certificate, my wife´s Id card,and a copy of her DCPR permanent residence registration certificate. A copy of the guidance for employers right to work checks called " An employer’s guide to right to work checks" quoting page 41, additional information, and also the directive on citizens rights quoting articles 23, 24 and particularly 25.[/quote]


Excellent!!!! If you were the boss of the company, you would have hired yourself. Unfortunately you are not. If you read closely it says check the documents. And they have a right not to accept the documents you presented because if it fails they will have to pay a penalty. Do you think they will risk that for you?
Thinking you can sue the company for unfair dismissal is living in dreamland. It takes months for your case to be decided anyway. You are giving supporting documents but not the document they REQUIRE.

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Re: Permanent Residence Card - Processing Time 2017

Post by vpalma » Tue Aug 08, 2017 2:42 pm

ajitk1 wrote:Right to work is a legal requirement and employers are within their right to suspend you without pay if you cannot prove this. However, your employer should not suspend without clarifying from Home office. On what basis did they suspend you? Did you not show them your biometric letter explaining the problem or proof that you have made an application with HO? Usually employers use the nationality checking service to confirm employees right to work status with the home office. Home can send positive verification (which means you can work) or negative verification(no right to work) did your employer conduct this check?
Check your employers right to work policy if you have one and see what it says about the right to work verification process.If they have not followed their process, you can raise a complaint with ACAS free of charge. They will try and seek a resolution with your employer on your behalf.
To play safe, your employer may decide to confirm your right to work with HO before making any decision if they are sensible. Your employer should reimburse you for the period you have not earned money if HO confirms your right to work or issues you a COA with right to work.

Until HO issues confirmation, you cannot make an unfair/wrongful dismissal claim.
I provided them with the email Home Office sent me with the Case ID of my application, and when I received the first bio-metrics letter as well. They have suspended me and later terminated my contract on the basis that I could not provide them with a document demonstrating right to work in the UK despite of me sending them my wife and I, our marriage certificate, my wife´s Id card,and a copy of her DCPR permanent residence registration certificate. A copy of the guidance for employers right to work checks called " An employer’s guide to right to work checks" quoting page 41, additional information, and also the directive on citizens rights quoting articles 23, 24 and particularly 25.[/quote]


Excellent!!!! If you were the boss of the company, you would have hired yourself. Unfortunately you are not. If you read closely it says check the documents. And they have a right not to accept the documents you presented because if it fails they will have to pay a penalty. Do you think they will risk that for you?
Thinking you can sue the company for unfair dismissal is living in dreamland. It takes months for your case to be decided anyway. You are giving supporting documents but not the document they REQUIRE.[/quote]


Hi ajitk1

Thank you for your feedback on this, I just feel that more could be done from my employer to assert whether I did have the right to work or not by just doing what the Employers guide to work checks says in page 41, "additional information",
"Non-EEA nationals may claim to have a right to work in the UK as a family member of
an EEA national, or by virtue of a derivative right, but do not hold documentation issued
by the Home Office.
There is no mandatory requirement for non-EEA nationals who are resident in the UK
as a family member of an EEA national, or who have a derivative right of residence in
the UK, to register with the Home Office or to obtain documentation issued by the
Home Office.
Consequently, it is open to any non-EEA national who has an enforceable
European Union law right to work in the UK - as a direct family member of an EEA
national or by virtue of a derivative right of residence - to demonstrate the existence of
that right through means other than those documents in Lists A and B
which are
explained in the preceding sections.
In such cases, an employer may choose to accept such alternative evidence. However,
in the event that a non-EEA national is found not to qualify to work in the UK, the
employer would be liable to payment of a civil penalty unless they checked the
documents as set out in this document. Further guidance on EEA and non-EEA family
members of EEA nationals can be found in the European casework instruction page on
GOV.UK."

But they haven´t even bother to check or take this into account. I understand your point of of view however I think they have rather failed or ignored for completely that fact I this s my case and that my right to work and reside in the UK derivatives from EU law, as the Eu nationals themselves.

You are right, the only way to the get my rights recognized is through courts, lucky I came across an article almost identical to mine, "Okuoimose v City Facilities Management (UK) Ltd", a case of suspension and later a dismissal a non-EEA national direct family member that ended up in the UK Employment Appeal tribunal where those rights were upheld and the court granted the rights and compensation for the employee. But that is a long way to go , so I will take your advice. Thank you.

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Re: Permanent Residence Card - Processing Time 2017

Post by ajitk1 » Tue Aug 08, 2017 3:15 pm

[

Hi ajitk1

Thank you for your feedback on this, I just feel that more could be done from my employer to assert whether I did have the right to work or not by just doing what the Employers guide to work checks says in page 41, "additional information",
"Non-EEA nationals may claim to have a right to work in the UK as a family member of
an EEA national, or by virtue of a derivative right, but do not hold documentation issued
by the Home Office.
There is no mandatory requirement for non-EEA nationals who are resident in the UK
as a family member of an EEA national, or who have a derivative right of residence in
the UK, to register with the Home Office or to obtain documentation issued by the
Home Office.
Consequently, it is open to any non-EEA national who has an enforceable
European Union law right to work in the UK - as a direct family member of an EEA
national or by virtue of a derivative right of residence - to demonstrate the existence of
that right through means other than those documents in Lists A and B
which are
explained in the preceding sections.
In such cases, an employer may choose to accept such alternative evidence. However,
in the event that a non-EEA national is found not to qualify to work in the UK, the
employer would be liable to payment of a civil penalty unless they checked the
documents as set out in this document. Further guidance on EEA and non-EEA family
members of EEA nationals can be found in the European casework instruction page on
GOV.UK."

But they haven´t even bother to check or take this into account. I understand your point of of view however I think they have rather failed or ignored for completely that fact I this s my case and that my right to work and reside in the UK derivatives from EU law, as the Eu nationals themselves.

You are right, the only way to the get my rights recognized is through courts, lucky I came across an article almost identical to mine, "Okuoimose v City Facilities Management (UK) Ltd", a case of suspension and later a dismissal a non-EEA national direct family member that ended up in the UK Employment Appeal tribunal where those rights were upheld and the court granted the rights and compensation for the employee. But that is a long way to go , so I will take your advice. Thank you.[/quote]

I am just being thoroughly practical.
EU law also states that after 5 years stay one is automatically considered a PR and no card nor any other document is required. PR card basically is only for citizenship applications, yet we have to go through all the rigmarole of a lengthy form and documents you don't realise you will need after 5-7 years.
Employers esp. in the UK do not want to make the effort unless you are a specialist and very important for the company. If not forget it!!! They will not risk paying a fine if something goes wrong and the company's reputation is tarnished. Also they will not want to focus on one person unless the HR department is idle and want to take on some additional work. They have so much routine work pending.
Though I totally agree that you case can be considered favourably, no management cares one iota for its staff. Esp. when there is a legal issue involved. They are not required by law to initiate an enquiry with HO. The onus to provide evidence is on the candidate.
The point I was trying to make is if in your present situation you try to sue for wrongful dismissal, besides the time and cost involved the company may decide not to rehire you and even if win in the Tribunal, they could make u redundant with compensation of 1.5 weeks salary for every year worked. That if you have worked more than 2 years. I suggest you keep the option of getting your job back when this ordeal is over.

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Re: Permanent Residence Card - Processing Time 2017

Post by ajitk1 » Tue Aug 08, 2017 3:24 pm

Pizzahut wrote:Thanks again Ajitk1 for your help. i understand now ..my solicitor coming back next i will ask him to check my post in his old address but in case if my documents were lost but my application was successful then do i need to give my biometrics again or HO will issue me again without biometrics? and do you know how much time they will take?
Dear Pizzahut!!
Instead of moaning about ur predicament, you should initiate action to get a duplicate (if approved) PR card. You should write A LETTER to HO informing them that your documents were not received and detailing the circumstances. You should also ask them if your application was approved and a card issued. If so request the card be cancelled. You have to inform the police and get a police letter stating that you have complained about lost pr card and passport. The solicitor is going to do nothing for you. He will charge for everything. This can easily be done by you and start the proceeding immediately.

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Re: Permanent Residence Card - Processing Time 2017

Post by ajitk1 » Tue Aug 08, 2017 5:44 pm

Does anyone have the link to the SAR of HO?
It would be nice to know what remarks are held on file in case my application is rejected again.

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Re: Permanent Residence Card - Processing Time 2017

Post by CR001 » Tue Aug 08, 2017 5:58 pm

ajitk1 wrote:Does anyone have the link to the SAR of HO?
It would be nice to know what remarks are held on file in case my application is rejected again.
general-uk-immigration-forum/how-to-do- ... 35376.html
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Re: Permanent Residence Card - Processing Time 2017

Post by Hstepper07 » Tue Aug 08, 2017 6:43 pm

vpalma wrote:
Yanki1974 wrote:
vpalma wrote:In need of advice:

I have applied for my Pr as a direct family member of an EEA national with Permanent status.
My wife got her PR document last year.
Due to delays and errors of the Home Office, upon my residence card expiring on 19/07, I have been suspended without pay for two weeks and had my contract of employment terminated this week.

My timeline:

Non-EEA direct family member of an EEA with PR

Application sent: 27/05/17
Application received: 30/05/17
Payment taken: 31/05/17
Confirmation email: 12/07/17
Bio-metrics letter: 14/07/17 dated 11/07/2018 with error in tille:
Emails reporting error and requesting another letter sent to eurobiometrics: 14/07 - 21/07 - 28/7 - 03/07
Resident card expired 19/07 - Suspended without pay from employer until further evidence of right to work in the UK
02/08/2017 Notice of employment termination from employer stating Without acceptable right to work documentation could not extend unpaid suspension as I'd have failed to provide us with a valid up to date visa.
Email send to Home Office complains 03/08/2017
Replacement bio-metrics enrollment letter received: 05/08/2017 dated 03/08/2017
Bio-metrics sent: 05/08/17
COA: No coa to present date

Is there anything I can do to get my rights recognized and claim unfair suspension and unfair dismissal?

Thank you
Right to work is a legal requirement and employers are within their right to suspend you without pay if you cannot prove this. However, your employer should not suspend without clarifying from Home office. On what basis did they suspend you? Did you not show them your biometric letter explaining the problem or proof that you have made an application with HO? Usually employers use the nationality checking service to confirm employees right to work status with the home office. Home can send positive verification (which means you can work) or negative verification(no right to work) did your employer conduct this check?
Check your employers right to work policy if you have one and see what it says about the right to work verification process.If they have not followed their process, you can raise a complaint with ACAS free of charge. They will try and seek a resolution with your employer on your behalf.
To play safe, your employer may decide to confirm your right to work with HO before making any decision if they are sensible. Your employer should reimburse you for the period you have not earned money if HO confirms your right to work or issues you a COA with right to work.

Until HO issues confirmation, you cannot make an unfair/wrongful dismissal claim.
I provided them with the email Home Office sent me with the Case ID of my application, and when I received the first bio-metrics letter as well. They have suspended me and later terminated my contract on the basis that I could not provide them with a document demonstrating right to work in the UK despite of me sending them my wife and I, our marriage certificate, my wife´s Id card,and a copy of her DCPR permanent residence registration certificate. A copy of the guidance for employers right to work checks called " An employer’s guide to right to work checks" quoting page 41, additional information, and also the directive on citizens rights quoting articles 23, 24 and particularly 25.
Most employers are ignorant of EEA laws. Did you get right of appeal? You have 3 months and a day from your dismissal date to make a claim of unfair or wrongful dismissal with ET assuming your have worked for 2 yrs with ur employer. Buy yourself time and go through ACAS as this is a compulsory step to make a claim. If you are not working, you can claim a fee waiver if it is not resolved through ACAS.
First look at what your employers right to work policy states. They should not dismiss you if you have provided evidence of in time application with HO. They have a duty to verify your documents with home office if they are in doubt6. It is plain wrong and checking service is not a hassle at all. Claiming unfair dismissal is not dreamland as it is expensive for the employers. Some cases dont get as far as tribunal as the issue gets settled bf then. Buy yourself time so that by the time you get COA, ACAS will be able to help you negotiate a reinstatement. If you do nothing now, you might not get reinstated and you cant fight them as you have been dismissed
Last edited by Hstepper07 on Tue Aug 08, 2017 6:57 pm, edited 1 time in total.

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