EEA and COA

dhruv45in · Post by **dhruv45in** » Mon Jan 31, 2011 6:54 pm

Hi

I am an Indian national, married to a French. I applied for an EEA2 residence card on 22 Dec'10 and received the COA today.

It says " At this stage we are unable to confirm your right to work in the United Kingdom. This will depend on the outcome of the application. he enclosed questions and answers sheet provides more information about employment rights."

What does this mean ? Do I not have the right to work in the UK till my application is processed ? which will be another six months. I have a job in UK already and according to this letter I am no longer eligible to work in UK ?

Please help and tell me if I can still continue with my job till a decision has been made or I will have to quit ?

sjimoh112 · Post by **sjimoh112** » Mon Jan 31, 2011 9:52 pm

According to you, you're married and you applied for EEA 2 Residence card in Dec 10 and and received CoA for marriage today. This is a little bit funny situation because you don't need CoA any longer because you're already married. You probably need to register your marriage if you had a ceremony that isn't recognised, that's probably the reason you got a CoA.

I believe you've currently got a legal status in uk that's why you received the CoA this quick. If not you'd been waiting for 1-2 years.

As a matter of fact, you've got to have some form of legal status in order for you to get employed which it seems you do, as you've got a job. So therefore you don't need to quite your job no matter what it says on the paper you've received from the ukba.

As far as I'm concern, you've got a right to work as you're already (presumely) working legally. If you're not legally employed, I'll suggest you contact a solitor for advice asap.

Best wishes

Post by **Greenie** » Mon Jan 31, 2011 11:02 pm

sjimoh112 wrote:According to you, you're married and you applied for EEA 2 Residence card in Dec 10 and and received CoA for marriage today. This is a little bit funny situation because you don't need CoA any longer because you're already married. You probably need to register your marriage if you had a ceremony that isn't recognised, that's probably the reason you got a CoA.

I believe you've currently got a legal status in uk that's why you received the CoA this quick. If not you'd been waiting for 1-2 years.

As a matter of fact, you've got to have some form of legal status in order for you to get employed which it seems you do, as you've got a job. So therefore you don't need to quite your job no matter what it says on the paper you've received from the ukba.

As far as I'm concern, you've got a right to work as you're already (presumely) working legally. If you're not legally employed, I'll suggest you contact a solitor for advice asap.

Best wishes

I think you have misunderstood the OP.

A CofA in this context is a Certificate of Application (for an EEA application). It seems that you think he is talking about a Certificate of Approval.

OP - this seems to be the standard information that CofA contain now. It doesn't mean you can't work it means they can't confirm you can until they have assesed your application.

It might help if you give people a bit more information on your situation.

What is your current status in the UK?
When did you arrive in the UK?
How long have you been married?
How is your wife exercising treaty rights and how long has she lived here?

dhruv45in · Post by **dhruv45in** » Tue Feb 01, 2011 10:35 am

Hi

Thanks for the reply.
we got married in July 2009 in India and applied for the EEA family permit in June 2010, which is valid for 6 months and expired in Dec 2010. My wife's been living here since 2005. She did her PGCE and is a teacher in a school here. I work in Oil and Gas field and asked for a transfer to North Sea, UK so i can be around her. So now when I got a transfer and due to join them tomorrow, i get this Certificate of Application which says they can't confirm my right to work here.
So i came to UK in Sep'10 and had to go to US for work. Came back in Dec'10 and applied for EEA2. Received the COA yesterday which said they can't confirm my right to work. So far i have been living here on my EEA family permit and had work rights here !!

ariana · Post by **ariana** » Tue Feb 01, 2011 11:34 am

Hi dhruv45in! I recieve same COA from HO and my doughter (she is only 3 years),but we apply EEA4 and iam after divorce with my eea husbant. I am worry to much about this letter. But probably its new type of letter HO use now? Lets see what people say - Any one apply in DEC 2010 for EEA2 or EEA4 and what says on COA? Thank's.

dhruv45in · Post by **dhruv45in** » Tue Feb 01, 2011 5:33 pm

Yes and what I am confused about is, I had the right to work here in UK until tomorrow, and after this letter I am unsure about it

Kitty · Post by **Kitty** » Tue Feb 01, 2011 6:31 pm

You still have the right to work, on the basis of your marriage to an eea national. As you came to the uk with a Family Permit, your status as a family member has already been confirmed: your CoA should therefore confirm your right to work.

The problem you may have is if your employer wants documentation to prove this.

As I understand it, others have been successful in getting the UKBA to send out the correct letter: I would contact them and ask for the correct version. I will have a look for a relevant thread on the forums...

dhruv45in · Post by **dhruv45in** » Wed Feb 02, 2011 10:58 am

Update : Just called HO Liverpool and the lady on the phone suggested i should send the COA back by post and request for a correct COA as i am a married partner of an EU national who is exercising her rights here in UK and as i entered UK on a EEA FP I should be given the right to work while my application is being processed. Any other thing anybody can suggest i could include ?

ariana · Post by **ariana** » Wed Feb 02, 2011 11:58 am

dhruv45in wrote:Update : Just called HO Liverpool and the lady on the phone suggested i should send the COA back by post and request for a correct COA as i am a married partner of an EU national who is exercising her rights here in UK and as i entered UK on a EEA FP I should be given the right to work while my application is being processed. Any other thing anybody can suggest i could include ?

Hi! I think its right way - Wright letter to HO and ask for correct COA as you right to work in UK as family member of EEA. When i send my EEA2 in 2006 and 2007 for my daughter i send them proof of address living together with husband and his last 3 pay slips and i receive first COA with right to work as family member and RC in 2 month. Just tell me your wife register with HO?
Also in my situation (which is complicated as i divorce with my ex after 4 years marriage) - i still get my right of residence and want to send them letter and ask them to confirm what.

dhruv45in · Post by **dhruv45in** » Wed Feb 02, 2011 12:36 pm

Yes I think I should have got the correct COA as you got when you first applied for your EEA2.
My wife is not registered with HO, she is French and she applied for her EEA1 with the same application as my EEA2.

dhruv45in · Post by **dhruv45in** » Wed Feb 02, 2011 12:37 pm

And yes Ariana, you could phone them and talk to them about your case or write to them, if it helps.

dhruv45in · Post by **dhruv45in** » Mon Mar 07, 2011 12:03 pm

Update : sent HO the incorrect COA with a letter requesting the correct COA which states i have the right to work here in UK. Received today the correct/longer version of COA which states my right to work here

waiting for the RC now, and more importantly my passport back

Kitty · Post by **Kitty** » Mon Mar 07, 2011 12:48 pm

Good news: well done

mimine30 · Post by **mimine30** » Tue Mar 08, 2011 9:38 am

as i entered UK on a EEA FP I should be given the right to work while my application is being processed. (quote)

some on this forum said that ,does anyone know if those 2 related
i mean eea fp and the right to work upon sending eea2
thank you

dhruv45in · Post by **dhruv45in** » Tue Mar 08, 2011 9:55 am

As far as i know, the kind of COA i received earlier are given to ppl who entered UK on a different visa than EEA FP ( eg. student visa ) and therefore are not given the right to work untill the application is processed.

smallpie · Post by **smallpie** » Tue Mar 08, 2011 10:26 am

the HO will issue the coA without right to work to those that are not married yet [unmarried partners] which i got . and right to work coA to those that are married- during the application.

mimine30 · Post by **mimine30** » Tue Mar 08, 2011 11:54 am

ok guy
we really need to get to the bottom of this.
if you noticed all the answer are saying something else
i would and iam sure everyone will be much better helped if the answer are accurate or just a guess.
receiving a COA for an EEA2 application with a right to work or not wile the application is in progress?

from your answers
1unmarried couple ,family member other than husband or wife (thise received a COA without a right to work)
2 married couple are receiving COA with a right to work
now in this seconde point does having a visa a familypermit overstayers,no visa at all have something to do with the kind of COA received?
please share whats your situatiopn and WHAT kind COA received
it will be very helpful

smallpie · Post by **smallpie** » Tue Mar 08, 2011 5:26 pm

mimine30 wrote:ok guy
we really need to get to the bottom of this.
if you noticed all the answer are saying something else
i would and iam sure everyone will be much better helped if the answer are accurate or just a guess.
receiving a COA for an EEA2 application with a right to work or not wile the application is in progress?

from your answers
1unmarried couple ,family member other than husband or wife (thise received a COA without a right to work)
2 married couple are receiving COA with a right to work
now in this seconde point does having a visa a familypermit overstayers,no visa at all have something to do with the kind of COA received?
please share whats your situatiopn and WHAT kind COA received
it will be very helpful

am talking frm abit of what i know mate. using my own case and a mate case ok. i applied as unmarried partner and was given COA without the right to work , and during this period my uk work visa expires while my application was sent to HO, and my mate who got married to an EEA Nationals wiith expires visa got the right to work COA. so u can apply thiese cases to yours if its any useful.

mimine30 · Post by **mimine30** » Sat Mar 12, 2011 11:11 am

hello guys
well after exactely one month i received COA from the home office clearly stating that now i have a right to work and live in the uk
application eea1+2 sent on 11/02/2011
COA received on 11/03/2011

i got to confess somthing to you guys .i always hearing in this forum coa received with right to work or not because you hold family permit ,got a visa not experied etc
the reality is all the situations in what the non eea is at the time of application its absolutely and uttery not relevant as long as you are married to an eea no matter what you hold. you have a right to work in the uk.
my confession is
i am actualy an illegal entrant i never had avisa to the uk ,i did not claim asylum or anything.
but i made contact with ukba long time ago after i met my wife.
so take it illegal entrant,overstayer still have COA with right to0 work on the uk
and 2 yeras ago i apply successefuly for CERTIFICATE OF APPROVAL
did not even had a passeport
RULES WHAT RULES THERE IS NO SUCH A THING THE CASEWORKER IS THE RULE.
GOOD LUCK EVERYONE

toni34 · Post by **toni34** » Sat Mar 12, 2011 11:20 am

pls be aware that once you r married to an eu national and the marriage is not a marriage of convinience,wheter you are illegal or not does not matter ,you will be protected as far as you eu spouse is living here under the eu treaty right

toni34 · Post by **toni34** » Sat Mar 12, 2011 11:21 am

pls be aware that once you r married to an eu national and the marriage is not a marriage of convinience,wheter you are illegal or not does not matter ,you will be protected as far as you eu spouse is living here under the eu treaty right

toni34 · Post by **toni34** » Sat Mar 12, 2011 11:21 am

pls be aware that once you r married to an eu national and the marriage is not a marriage of convinience,wheter you are illegal or not does not matter ,you will be protected as far as you eu spouse is living here under the eu treaty right

mimine30 · Post by **mimine30** » Sat Mar 12, 2011 11:26 am

yes you right ,forgot to mentionne the shame marriges just for the purpose of taking advantage of the eu rule,its sick for pepole do that
espacialy the eea national who does that for the money,and that jeoprodize all our crediblity.

regards

mimine30 · Post by **mimine30** » Mon Mar 14, 2011 8:44 am

hello again everyone
has anyone applyed sucessefully for a national insurance number using only COA for eea application and proof of adresse and maybe marriage certificate,while the passport is in the home office for the purpose of the application?
thank you

dhruv45in · Post by **dhruv45in** » Tue Mar 15, 2011 9:42 am

just received my wife's residence card ( for EEA1 ) today. we both applied for EEA1 and EEA2 together, but received hers today. now i am waiting for my EEA2.

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