Refusal to issue a residence card

[teardrops]

I need advise about the outcome of my EEA residence card application. After waiting six months I finally received a letter in the mail yesterday stating that I've been refused a UK residence card. I'm South African married to an EEA national and we have two children also with EEA citizenship. The reasons for rejection provided is as follows: I have failed to provide sufficient evidence to demonstrate that my EEA family member is exercising their Treaty rights in the UK as defined under Regulation 6 of the Immigration (EEA) Regulations 2006. (He currently works offshore on a contract basis in Nigeria as a commercial diver). Seems like he needs to have a valid UK work address?

We've also indicated that he is self sufficient in the UK, but we did not provide evidence of Comprehensive sickness insurance cover in the UK. Can I just resubmit a new application showing that we have now taken out sickness cover?

To sum it all up : I've been told that I have no alternative basis of stay in the UK and should now make arrangements to leave. If I fail to do so voluntarily my departure may be enforced. They did not give me a time limit. They also state that I can appeal their decision or submit a new application with the necessary information to support my application for residence card.

This is very confusing - the one moment they tell me to leave and the next says I can appeal or resubmit. They also kept my passport! Can anyone please tell me what to do. We've also stayed in the UK from 2003-2007 and I got my residence permit with no problems at all. My daughter was even born here.

That's the same thing that happen to me after waiting for 5 months and 2 weeks I got mine refusal package on Thursday. I had applied for a P.R before and was refused becuase my husband wasn't working throughout the entire 5 yrs so I put in a fresh application for a resident card on the grounds that he's retired and self-sufficent but it was refused also becuase my husband and I are married for 7 years and seperated for 4 years but we still communicate and see each other now and again. He said that he will support me with the application and that's what he did. He sign the photos and the declaration forms and gave me his I.D card to submit the application. What he did after a couple months of I sending the application, he change his phone number and move to outside London and wrote to Home Office letting them know that his I.D is either been stolen or lost so they render it invalid. Now I am stuck becuase I don't know how am going to get around such complex situation. My job is on the firing line now and Iv'e got a mortgage to pay so it's very fustrating to say the least. I was told to leave and I can also appeal if within 14 days, which I will do.

[Obie]

You job will not be on the firing line as you are allow to work if you pursue an appeal, until the appeal is finally decided.

They have seen his passport before and satisfied with it.

You could have applied without his passport.

Refusal on basis of passport is unlawful.

[Richard W]

You job will not be on the firing line as you are allow to work if you pursue an appeal, until the appeal is finally decided.

This is wrong on many levels.

At the practical level, unless Teardops' is extremely well paid, she is very likely to be suspended or fired.

I will now explain the system, which I had thought most people understood. Have fun correcting me if I am wrong.

Certainly until the administrative removal or, rarely, deportation, process gets under way, in EEA-related matters, whether one has the right to work or not is a question of fact, not Home Office (in)decision. The Home Office does not directly confer the right to work. The right has nothing to do with whether the appeal over the issuing of a piece of plastic (& electronics) has been decided. This is quite unlike applications for leave to remain under 'domestic' immigration law.

Apart from errors in determinations of fact, an employer who employs someone without the right to work is liable to a large fine (up to £20k a head). Whether the employer is fined depends on whether he has established a legal excuse, and in part on how about well he set about the process. The legal excuse is established by checking and recording documents that approximately evidence the right to work, and by Home Office answers when certain explanations are given for the lack of a document. It is no defence for the employer to have been sure beyond reasonable doubt that his employee had the right to work - the fines are based on strict liability.

As a consequence, employers have to balance the risks of a fine and having to compensate the employee for an unfair action. (Are contracts of employment yet requiring employees to furnish their employer with a statutory excuse against a fine for employing an illegal worker?) The fines are so high that delays in receiving permits and cards lose employees pay. I am not sure just how unfair the system is to employers; it may be that it is employees with the right to work who are suffering most of the unfairness.

There's also propaganda that it is illegal to employ someone without the 'proper' documents.

We have all this in a country governed by the rule of law!

[Obie]

Once you have lodged an appeal , there is a designated email to request a renewed COA.

A new COA will be issued that is valid for 6 months.

If after 6 months you case remains unresolved , you can request a further renewal, until the appeal is finally decided.

If it is in your favour then a residence document will be issued.

[Richard W]

But will they be positive or negative CoAs? An employer will not be afforded a statutory excuse if a negative CoA is issued.

[teardrops]

Once you have lodged an appeal , there is a designated email to request a renewed COA.

A new COA will be issued that is valid for 6 months.

If after 6 months you case remains unresolved , you can request a further renewal, until the appeal is finally decided.

If it is in your favour then a residence document will be issued.

Thanks Obie, that's what I thought becuase the COA that I was issued which stated that my application can take up to 6 months for a decision to be made or until all avenue of appeal is been exhausted. So I take it that I would be covered until then. I had my appeal lodge last Friday so am hoping to hear back from the court of appeal or Home Office to issue me with another COA. I know they were wrong to refuse me the R.C card because they never check or even request more evident of another form of I.D.

How coud they accept the fact that the card was lost or stolen when it was well secured in their possession ? The application forms and photos were sign by my husband and the date it was lodge, that alone could have any one thinking how could it be possible becuase it is the same I.D I use to submitted in April with my first application. His signature can be match against his I.D and sign photo. My arguement is that if an I.D is been reported missing or stolen then what date was it reported missing ? I am sure it was done after he gave the permission to use it because if that was the case then he wouldn't have sign the documents or photo. I could be wrong but am just saying.

[teardrops]

But will they be positive or negative CoAs? An employer will not be afforded a statutory excuse if a negative CoA is issued.

Thanks Richard but what I figure is that once the Home Office issued me with a new COA with the right to work, then my employer have to allow me to continue working becuase my employer will do their online checking to verify that they are not going against the law by employing someone who have no right to work which is understadable.

[Obie]

There is a designated email you are required to send a request to, and they will issue another COA valid for a period of 6 months, until a decision is made on your case.

It will not be sent automatically, you will need to request it.

[alex1128]

As Obie has advised you !
After you lodge your appeal send an email to : NWEUROCOARequests@homeoffice.gsi.gov.uk
Respect the upper case letters!
You just nee to quote your HO reference number name dob and address and you will receive the letter within 3 to 5 working days !

[teardrops]

As Obie has advised you !
After you lodge your appeal send an email to : NWEUROCOARequests@homeoffice.gsi.gov.uk
Respect the upper case letters!
You just nee to quote your HO reference number name dob and address and you will receive the letter within 3 to 5 working days !

OK thank you very much for the info becuase my job is very important to me and wouldn't want anything to happen. As you know that the appeal can take a very long time so as long as I am still working then I will be more happy during the wait than to be sitting at home for almost a year without the possiblilty of working.
I was never out of a job since am living in this country so I would'nt want to be sitting around wasting my energy.

Thanks again

[teardrops]

There is a designated email you are required to send a request to, and they will issue another COA valid for a period of 6 months, until a decision is made on your case.

It will not be sent automatically, you will need to request it.

OBIE I just want to say thank you very much for the information and advise you gave me. I email them and receive my COA on Tuesady. I was soooo happy that I fax it off to my employer straight away and it is fine. I can continue to work until then. Thanks again.