EEA2 - COA with right to work

Hi All,

I submitted my application on 28th of November 2013 (Visa expired on 29 November 2013). But my fee was not taken by UKBA for unknown reason. when we try to contact home office through letter then they sent back my application on 14th of January 2014 by considering invalid and excused for something wrong with the payment. payment have not been gone through even everything was fine.

I have submitted my application on same day again (14th of January 2014). now on 24th of January (Dated as 21st of January), i received my COA with no right to work (I was on post study work before apply) and they returned my spouse id back with one letter by saying that id is too damaged to accept. They are asking me to resend another id (Passport) within 21 days and then they will issue me another COA. I will send them my wife's passport (EEA national) now.

i was on Post Study work (Can work full time). I just need to confirm that will they issue me COA with right to work or not? and how many days it will take to issue me COA. roughly idea?

Your help and advise will be highly appreciated.

Sunsat wrote: I just need to confirm that will they issue me COA with right to work or not? and how many days it will take to issue me COA. roughly idea?

Your help and advise will be highly appreciated.

Issue of residence card:

On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card.

Sorry, i didn't get exactly, i know they will issue me Certificate of Application (COA). I already receive one with no right to work. so i i provide required id (Passport), will Home office issue me COA with right to work as the mentioned in their letter to me in which they ask for passport of my wife, that they will issue me another COA once they receive that passport. my concern is, will i receive another COA with right to work or not? as i was on post study work before expiry of my Visa...

Please make your reply more clear...

Sunsat wrote:Sorry, i didn't get exactly, i know they will issue me Certificate of Application (COA). I already receive one with no right to work. so i i provide required id (Passport), will Home office issue me COA with right to work as the mentioned in their letter to me in which they ask for passport of my wife, that they will issue me another COA once they receive that passport. my concern is, will i receive another COA with right to work or not? as i was on post study work before expiry of my Visa...

Please make your reply more clear...

Hi Sunsat,

UKBA generally gives you reasonable time to send the documents. However; UKBA gives you full working rights only if a certain criteria has been met.
I've seen similar cases with EEA 2 applications. Let me ask you a few questions?
1. Were you legally married (not religiously married) when you send this application to UKBA?
2. a.Did you have a valid leave to remain when you applied for an EEA2 resident permit?
2. b.Was your visa/ leave to remain ever curtailed before your EEA2 application?
3. What documents did you send with your application the first time?
4. Who advised you to send the application without your spouse's passport? Was it a law firm?

Nothing is impossible.
Good luck with your application.

Aaron-Law.

Sunsat wrote:Hi All,

I submitted my application on 28th of November 2013 (Visa expired on 29 November 2013). But my fee was not taken by UKBA for unknown reason. when we try to contact home office through letter then they sent back my application on 14th of January 2014 by considering invalid and excused for something wrong with the payment. payment have not been gone through even everything was fine.

I have submitted my application on same day again (14th of January 2014). now on 24th of January (Dated as 21st of January), i received my COA with no right to work (I was on post study work before apply) and they returned my spouse id back with one letter by saying that id is too damaged to accept. They are asking me to resend another id (Passport) within 21 days and then they will issue me another COA. I will send them my wife's passport (EEA national) now.

i was on Post Study work (Can work full time). I just need to confirm that will they issue me COA with right to work or not? and how many days it will take to issue me COA. roughly idea?

Your help and advise will be highly appreciated.

In order for a residence card application to be successful, one requires to demonstrate that one is the family member of an EU national and that the EU national is exercising treaty rights.

If the above condition is met, an application will be successful.

One who meets the conditions automatically has the right to work. This right is enshrined in the directive.

Thanks for your reply, Please see my answer one by one:

1. Were you legally married (not religiously married) when you send this application to UKBA?
ANS: Yes, i married in October 2013 and i submited my application on 28th of November, Home Office received on 29th of November.
(My Visa also expired on 29th of November 2013)

2. a.Did you have a valid leave to remain when you applied for an EEA2 resident permit?
ANS: Yes i applied within valid visa time. one day before my visa expired.

2. b.Was your visa/ leave to remain ever curtailed before your EEA2 application?
ANS: No, i never curtailed. when i submit my application on 28th of November. We sent one letter in the first week of January, inquiring, why Home Office haven't deducted my fee. Then after 1 week, they returned my application as invalid application on 14th of January with letter saying, payment not gone through with unknown reason, even i filled the payment form very carefully and make sue that details are correct. I resubmitted my application on 14th January and then they sent COA with no right to work and 1 letter requiring another proof of id of my wife and confiming that they will issue another COA after receiving my wife's Passport.

3. What documents did you send with your application the first time?
ANS:
---My Passport and my bio-metric (PSW) card.
---My Bank statement.
---My Payslips.
---Proof of Address (Utility bill) of mine and my wife.
---My wedding ceremony's pictures and some pictures with my wife at home.
---My Wife's Id card. She is registered as self employed. so, i sent her self employed registration copy and Accountant letter.

4. Who advised you to send the application without your spouse's passport? Was it a law firm?

ANS: Yes it is law firm. My solicitor sent my application with her id. but home office returned that id after 2 weeks by saying that id is too damaged to accept so they asked for my wife passport as proof of id and mentioned in letter that they will issue another COA.

I'm still confused about my right to work. even i was on post study work before the expiry of my visa. according to section 3C of immigration act i can continue my rights as previous leave to remain. My solicitor said that after sending your wife's passport the COA, we will receive will confirm my right to work.

I'm confused whether I can work or not?

Yes you can work. Your wife's ID might require to be replaced if it is damaged. A passport or national ID are fine for such applications.

EUsmileWEallsmile wrote:Yes you can work. Your wife's ID might require to be replaced if it is damaged. A passport or national ID are fine for such applications.

I strongly believe that UKBA couldn't read your wife's ID or maybe they were looking for excuses. If they have returned your application, you can make a new application through your solicitors and this time don't use your card/ bank details on the application form. Instead get a postal order arranged and before sending the application and documents away ask your lawyer's office to certify a copy for your records. Secondly; post it through recorded next day delivery. I know this postage alone costs about £18.00 circa. but it'll show that you are a serious applicant.

Legally speaking once they give you a COA you should ideally have working permission as it is a part of the EC agreement.
I would suggest you send the application with both party's passports.

Good Luck with your application.
Hope to hear a positive response from you.

Aaron-Law

Hi EUSMILEWESMILE,

Thanks for your reply

Hi Aaron Law,

Thanks for your advise but my application is still in home office which i resubmitted on 14th January 2014. Picture of my wife is slightly not clear on her id i think that's why they make excuse. i don't need to resubmit application i just need to send my wife's passport. i received two letter from home office, 1st letter is COA in which they said, they can't confirm my right to work at this stage and in 2nd letter they asked me for another id (Passport) to check and mentioned that once they received passport they will issue me another COA. So, my concern is the new COA which i will receive again, will confirm my right to work or not? and can i continue my work at the moment with regard to section 3C of immigration act 1971?

If the documents are in full then by law they must issue immediately the coa confirming right of work. If they delay in issuing that then you can remind/complain them.

If wife is exercising treaty rights, you have the right to work right now. The right to work stems from the directive 2004/38/ec.

you dont send your wedding certificate

Thanks for your reply guys, I have already sent my wedding certificate and my wife is self employed registered...i sent accountant letter confirming as proof...

Now, I'm just waiting for my COA or resident card. anybody have any idea, how long it will take to decide...

HI Guys,

Just want ask, i haven't received COA from Home office.It's too late now. My solicitor is saying that he already requested twice home office to send COA. but they haven't yet responded. Due to which, soon i will loose my job.

Can anybody advise, what should i do to get COA?

I am also about to send an EEA2 application in July and my EEA spouse is at the moment self-sufficient with a comprehensive sickness insurance but she is going to start a part-time job in the mid of June 14.

Since we already taken out "comprehensive sickness insurance", is it recommended to apply EEA2 straightaway or is it best to send it in July 14 when the bank statements showing sufficient funds for the EEA national with the payslips of Part-time job. She is not receiving any benefits now.

My RC is expiring in Oct 14, and at the moment my EEA national is self-sufficient. Does it mean that I cannot work at the time of application.

After applying EEA2 application, if the COA is not received before the expiry of the RC, is it going to affect my Job Or as per EU Law I should not continue employment before receiving COA.

Is this True?