EEA2 re-application... Can I still work??

Hi everybody,
I need some kind advice on my immigration problem at hand. I'm a non EEA national married to a czech republican. I applied for fmrs in January 2011 and upon completion of my wife's 12 months continuous work, I applied for EEA2 in February which was refused with no right of appeal for failing to submit bank statement. My wife was actually paid with cheque which she cashes at cash converters. We started a judicial review but my solicitor said I should put in a fresh application which I have done since the 1st of this month.
My question is can I still work legally?? My employer has asked me to produce my passport since it's over 6 months I applied to H.O and I told them I just applied to the HO for a residence card. I got an email from the HR Dept that they have sent an employers checking form to the H.O to verify my status. I am really worried as to what my status is at the moment. Can you help me with any suggestions please???
Many thanks.

Sorry, the FMRS was applied for in January 2010 not this year. EEA2 was applied for in February this year

Hi, I've read your post carefully. Your 1st EEA2 Application was refused because of the absence of your wife's Bank Statement. Normally, your wife should be able to get a Bank Account in the UK because of her status. Even if she has a bad credit history, she should have been able to get a basic bank account with a Cash Card from Barclays. HSBC or Natwest. Since you've resubmitted your application, I don't think you will be apprehended by the UKBA or Immigration Officers. This is because you're married already to an EEA National who is obviously exercising Treaty Rights. The only issue is that if your employer finds out that you're not legal at the moment, you might be stopped from work for the meantime. Your application will take the next 4-5 months to decide, mate. Have you been sent a Certificate of Application ( COA ) yet? Let us know if you've received a COA because you can present the COA to your employers as eveidence of your right to work in the UK. Cheers.

Thanks a lot Destinychild for your prompt reply. I am yet to receive a COA. My wife do have a bank account but it does not show her employer paying her wages as they want but her letter of employment stated she would be paid by cheque. My only worries is just that I don't know how long the COA takes to be sent out. I wish my employer can find it that I've re-applied just waiting for the decision to be made. I'm really worried on what to do...

@Justice69, the COA should be with you very soon. The UKBA usually sends the COA 4-5 weeks after EEA2 Applications except the HO wants to refuse the Application. Just wait on God concerning your application. I hope your wife enclosed copies of the cheques her employers gave to her in your fresh application. It is not everyone in the UK that is paid through Bank Account transfer. Some people are paid through Cheques. You've got nothing to lose, friend. Once you've got other documents that are up to date in your application, you will come out victorious in the end. Cheers.

justice69 wrote:Thanks a lot Destinychild for your prompt reply. I am yet to receive a COA. My wife do have a bank account but it does not show her employer paying her wages as they want but her letter of employment stated she would be paid by cheque. My only worries is just that I don't know how long the COA takes to be sent out. I wish my employer can find it that I've re-applied just waiting for the decision to be made. I'm really worried on what to do...

why does your wife cash cheques at cash converters if she has a bank account?

As long as your wife is working or otherwise exercising her treaty rights then you have the right to work in the UK.

DestinyChild wrote:The only issue is that if your employer finds out that you're not legal at the moment, you might be stopped from work for the meantime. Your application will take the next 4-5 months to decide, mate. Have you been sent a Certificate of Application ( COA ) yet? Let us know if you've received a COA because you can present the COA to your employers as eveidence of your right to work in the UK. Cheers.

He is not here illegally if his wife is working in the UK, the issue is proving this to his employer

Thx a lot Greenie for the advice. My wife used cash converters as at when she used to be paid with cheque because she had a cashcard account which takes 5 working days to clear if a cheque is paid in. Cash converters pay you instantly which is very convenient for her. Her employer has since last month started to pay her by direct bank credit.
Pls how do I prove to my employer I am still legal and able to work if the COA does not get sent before they conclude their employer check? I'm really hoping the home office can at least tell my employer I have a new application and not that my earlier application was refused. I was told after the refusal that I have no right of appeal and no basis of stay in the uk so I should leave. My worries is just that they may tell my employer I should not be employed at all. What is your suggestion on this matter pls?? Many thanks.

as long as your wife is exercising Treaty rights in the UK, you are not illegal and basically you do not need visa.

so if you have copy of your marriage certificate and your wife id, you can bring your HR department and explain your situation then should be fine.

Dear all,
Can I ask how I can go about getting a COA from the HO??
I am really getting frustrated as tomorrow will make it 5 weeks since I applied. I called the HO last Tuesday and I was told there is no information regarding my application but I could request a COA which I did. I called again this morning and I was told it normally takes 10 working days for a request to be processed after it is passed on to the relevant Dept.
Please is my application ok or is the home office just purposely delaying my app so my employer can lay me off??? Does one now have to call them to request a COA? If there is anything I can do, will somebody pls put me through with how I can handle this situation. Thanks a lot to you all for your kind concerns.