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so you are saying that my appeal going to be refused as well as i have made my application using my wife Irish passport but then why my solicitor is saying that we can win this appeal as my wife even if she is born in UK can still apply under eea rules.MrSlyFox wrote:If your wife's parents were Irish and she was born in the UK she will be british from birth
But when i submitted my application in november 2015 after my wedding HO sent me a certificate of application and in which it says i can continue my work for the next 6 months until the decision has been made but they refused and given me a right of appeal which i did so in my thinking i will still have still have right to work until the decision has been made on my appeal ???noajthan wrote:Solicitor was talking nonsense.
If first wife was not a qualified person then none of that time would have counted even towards a LR application.
And it wouldn't have helped you qualify for ROR either.
If HO dispute second wife is an EEA national (in this context) then they will not confirm a right to work until the appeal is heard.
You will have to rely on good wife at least until appeal.
A COA is an interim document issued before (and until) the outcome of the RC application is decided.uzair86 wrote:But when i submitted my application in november 2015 after my wedding HO sent me a certificate of application and in which it says i can continue my work for the next 6 months until the decision has been made but they refused and given me a right of appeal which i did so in my thinking i will still have still have right to work until the decision has been made on my appeal ???
NOAJTHAN i only posted in second forum because i was not sure as im posting in the right place or notnoajthan wrote:Solicitor was talking nonsense.
If first wife was not a qualified person then none of that time would have counted even towards a LR application.
And it wouldn't have helped you qualify for ROR either.
If HO dispute second wife is an EEA national (in this context) then they will not confirm a right to work until the appeal is heard.
You will have to rely on good wife at least until appeal.
noajthan wrote:A COA is an interim document issued before (and until) the outcome of the RC application is decided.uzair86 wrote:But when i submitted my application in november 2015 after my wedding HO sent me a certificate of application and in which it says i can continue my work for the next 6 months until the decision has been made but they refused and given me a right of appeal which i did so in my thinking i will still have still have right to work until the decision has been made on my appeal ???
You say the application was refused, so that decision overturns the temporary COA.
As Obie said,I too believe a COA is valid until all appeal rights are exhaustedObie wrote:noajthan wrote:A COA is an interim document issued before (and until) the outcome of the RC application is decided.uzair86 wrote:But when i submitted my application in november 2015 after my wedding HO sent me a certificate of application and in which it says i can continue my work for the next 6 months until the decision has been made but they refused and given me a right of appeal which i did so in my thinking i will still have still have right to work until the decision has been made on my appeal ???
You say the application was refused, so that decision overturns the temporary COA.
If he has an appeal pending and seek a renewal of the COA, this does not over turn the COA.
I believe both the employer who dismissed him and the Home Office who refused to confirm his right to continued employment, are in error, and may be liable to pay damages for loss of earnings.
I am not going to comment on the substantive EEA refusal, as i cannot deduce any meaningful information, that will facilitate any views i may wish to express.
- From COA"You are permitted to accept offers of employment in the United Kingdom, or to continue in employment in the United Kingdom, whilst your application is under consideration and until either you are issued with residence documentation or, if your application is refused, until your appeal rights are exhausted."
so mr obie how i can request the renewal of COA can you guide on this pleaseObie wrote:noajthan wrote:A COA is an interim document issued before (and until) the outcome of the RC application is decided.uzair86 wrote:But when i submitted my application in november 2015 after my wedding HO sent me a certificate of application and in which it says i can continue my work for the next 6 months until the decision has been made but they refused and given me a right of appeal which i did so in my thinking i will still have still have right to work until the decision has been made on my appeal ???
You say the application was refused, so that decision overturns the temporary COA.
If he has an appeal pending and seek a renewal of the COA, this does not over turn the COA.
I believe both the employer who dismissed him and the Home Office who refused to confirm his right to continued employment, are in error, and may be liable to pay damages for loss of earnings.
I am not going to comment on the substantive EEA refusal, as i cannot deduce any meaningful information, that will facilitate any views i may wish to express.
so you are saying that my appeal not going to be successful???Obie wrote:You need to ensure you appeal against the employment dismissal otherwise you will be in difficulties if you do not seek to appeal the employment decision.
You lawyer needs to pursue the Home Office for your COA, and inform them of their obligation to continue issuing, pending the conclusion of your appeal.
In my opinion, i think you ought to focus on the EEA appeal. The British Spouse appeal is not going to be helpful in short and long term.
Obie wrote:I did not say your appeal will fail. I have no power to say so. I can only comment on facts i know about.
COA Email address is below.
nweurocoarequests@homeoffice.gsi.gov.uk
uzair86 wrote:Obie wrote:I did not say your appeal will fail. I have no power to say so. I can only comment on facts i know about.
COA Email address is below.
nweurocoarequests@homeoffice.gsi.gov.uk
MR OBIE thanks a lot for your help i have emailed the HO and recieved acknowledgement email saying i will receive something in 3 working days so fingers crossed will let you know once i have received anything from HO.
My next question is when i rang HMCTS today i asked them about copies of all my documents on my case which according to a letter HO should have sent to my solicitor and HMCTS by 28th of december.
i asked my solicitor for a copy and she said she has,nt received anything yet and the same answer i got from the HMCTS but i know someone who has managed to get all copies by ringing HMCTS but in my case neither of the them has received anything from HO.
What i can do to get hold of those documents which i think will give me an idea of how to prepare for my appeal as to be honest i find this forum more effective and helpful then my solicitor i have always received help here which i will be grateful forever .