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2ND C O A WITH NO RIGHT TO WORK

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Capela
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2ND C O A WITH NO RIGHT TO WORK

Post by Capela » Wed Feb 02, 2011 4:14 am

Hello Everyone,

I am a dependent of an extended family member of an EEA National ( My brother with the same surname) who is exercising his EU treaty right in UK. We both lived in another EEA state in the same address for years when i was a student and i dependent on him with strong proves. After my studentship, i returned to my home country and came to the UK with 3 yrs student's dependent visa.
When my brother (EU National) relocated to UK, i moved to his house where he is paying the house rent and other bills (Gas, eletricity, water etc).
Last year i applied for RC under EEA2 application and after 1 month they issued my 1st COA stating that i can work and live in the UK till when my application would be decided in 6 months time but unfortunately, that application was refused on the grounds that they are not satisfied that i trully dependened on my brother EEA national but was given right of appeal. My solicitor decided that we should make a fresh application instead of appeal. So on 8th Nov last year we make a fresh application and by 25th of the same month, i received 2nd C OA and 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. The enclosed questions and answers sheet provides more information about employment rights."

My quries are : why was my 2nd COA stated that they are unable to confirm my right of work in UK. Considering the fact that i entered UK with entry clearance and right to work? or was i given the wrong COA?
From the scenario, what do you think of my application. Please i welcome comments and suggestions from everyone but especially learned people in the forum.
Thanks in advance.

Brown212
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Joined: Thu Feb 18, 2010 2:29 pm
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Re: 2ND C O A WITH NO RIGHT TO WORK

Post by Brown212 » Wed Feb 02, 2011 11:03 am

Capela wrote:Hello Everyone,

I am a dependent of an extended family member of an EEA National ( My brother with the same surname) who is exercising his EU treaty right in UK. We both lived in another EEA state in the same address for years when i was a student and i dependent on him with strong proves. After my studentship, i returned to my home country and came to the UK with 3 yrs student's dependent visa.
When my brother (EU National) relocated to UK, i moved to his house where he is paying the house rent and other bills (Gas, eletricity, water etc).
Last year i applied for RC under EEA2 application and after 1 month they issued my 1st COA stating that i can work and live in the UK till when my application would be decided in 6 months time but unfortunately, that application was refused on the grounds that they are not satisfied that i trully dependened on my brother EEA national but was given right of appeal. My solicitor decided that we should make a fresh application instead of appeal. So on 8th Nov last year we make a fresh application and by 25th of the same month, i received 2nd C OA and 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. The enclosed questions and answers sheet provides more information about employment rights."

My quries are : why was my 2nd COA stated that they are unable to confirm my right of work in UK. Considering the fact that i entered UK with entry clearance and right to work? or was i given the wrong COA?
From the scenario, what do you think of my application. Please i welcome comments and suggestions from everyone but especially learned people in the forum.
Thanks in advance.
i think your solicitor has given you the wrong advice, you should have appeal the first decision, i suspect the UKBA will still refuse your second application, you stand a better chance with the judge than UKBA caseworkers, you are been class as extended family member you are not allow to work until your RC is approve, the first COA issued to you was a mistake on their own part and i thought they most have notice that and correct it. you have a big task ahead of you to convince the UKBA as an extended family member that you are qualify for a RC. They find it very difficult to issue a RC to dependant extended family member.

Capela
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Joined: Mon Jan 31, 2011 6:10 pm
Location: London
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Post by Capela » Sun Feb 06, 2011 11:45 pm

@Brown212 can you show me the link stating that extended Family members of an EEA are not allow to work with their C O A .

Obie
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Location: UK/Ireland
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Post by Obie » Mon Feb 07, 2011 1:40 am

The summary on Page 6 of this link, it confirms that an Extended family members who applies under regulation 17(4), has no right under EU law, until their application has been accepted.

I hope this answers your question. I don't think the rules is right, but it is the rules unfortunately.

I strongly believe you should have proceeded with the appeal, rather than reapplying.
Smooth seas do not make skilful sailors

smallpie
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Re: 2ND C O A WITH NO RIGHT TO WORK

Post by smallpie » Tue Mar 08, 2011 2:33 pm

Capela wrote:Hello Everyone,

I am a dependent of an extended family member of an EEA National ( My brother with the same surname) who is exercising his EU treaty right in UK. We both lived in another EEA state in the same address for years when i was a student and i dependent on him with strong proves. After my studentship, i returned to my home country and came to the UK with 3 yrs student's dependent visa.
When my brother (EU National) relocated to UK, i moved to his house where he is paying the house rent and other bills (Gas, eletricity, water etc).
Last year i applied for RC under EEA2 application and after 1 month they issued my 1st COA stating that i can work and live in the UK till when my application would be decided in 6 months time but unfortunately, that application was refused on the grounds that they are not satisfied that i trully dependened on my brother EEA national but was given right of appeal. My solicitor decided that we should make a fresh application instead of appeal. So on 8th Nov last year we make a fresh application and by 25th of the same month, i received 2nd C OA and 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. The enclosed questions and answers sheet provides more information about employment rights."

My quries are : why was my 2nd COA stated that they are unable to confirm my right of work in UK. Considering the fact that i entered UK with entry clearance and right to work? or was i given the wrong COA?
From the scenario, what do you think of my application. Please i welcome comments and suggestions from everyone but especially learned people in the forum.
Thanks in advance.
yeah, u shld av follow up yr appeal in d 1st place.. u got more chances to win, as long as u got docs to bck the case up more in d court..most pple i know or heard abt win thier appeal.- 95percent. and u shld be able to work still, even if yr COA says not to, coz u said u came to u uk with a legal workin dependant visa.. this shld allow u to work in the uk tho.
CITIZENSHIP confirmed.

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Tue Mar 08, 2011 3:01 pm

Capela wrote:Hi Guys,
I finally got my 5yrs RC as an extended family member of an EEA national.

mimine30
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Posts: 71
Joined: Fri Feb 18, 2011 9:08 am
Location: london

Post by mimine30 » Mon Mar 14, 2011 8:46 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

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