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COA with work - Definitive proof of application success?

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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zafran1
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Iran

COA with work - Definitive proof of application success?

Post by zafran1 » Sun Feb 24, 2019 8:51 am

Hi,
In the case of EEA2 applications, the long COA (right to work) is only issued upon the case worker being satisfied with all conditions - identity, relationship, qualified status. Then in that case
1) Isn't it the case that a long COA means that the application will be approved since all tests are already undertaken
2) Has anyone heard of cases where someone got a COA with work but the final decision was negative.
How probable is that? 5%, 1% .. less than that?

Thanks
Z

kamoe
Respected Guru
Posts: 1224
Joined: Mon Sep 07, 2015 10:57 am

Re: COA with work - Definitive proof of application success?

Post by kamoe » Sun Feb 24, 2019 9:54 am

Documents issued under the EEA route are not granting but confirming rights the applicant already has (except in the cases of extended family members, who usually receive a short CoA without confirmation of the right to work). In that sense, the caseworker does not have to approve anything. That's why CoA can be issued immediately.

Having said that, the answer to your question is yes. Once the caseworker has established identity, relationship as direct family member, and qualified status of the EU sponsor, the above means a card will be issued (unless some sort of admin mess up occurred, but I'm assuming this is rare, and the application is still genuinely successful), the only reason for it not being sent immediately with the CoA being BRC's physical printing process' time.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

zafran1
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Posts: 45
Joined: Sun Mar 18, 2018 10:02 am
Iran

Re: COA with work - Definitive proof of application success?

Post by zafran1 » Sun Feb 24, 2019 12:48 pm

Just to clarify the answer, the COA with work being granted already implies that all checks have been satisfied - correct?

daku
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Albania

Re: COA with work - Definitive proof of application success?

Post by daku » Sun Feb 24, 2019 1:14 pm

Not necceseraly. I know someone who has been invited for interview even after receiving this letter.

kamoe
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Re: COA with work - Definitive proof of application success?

Post by kamoe » Sun Feb 24, 2019 1:44 pm

daku wrote:
Sun Feb 24, 2019 1:14 pm
Not necceseraly. I know someone who has been invited for interview even after receiving this letter.
Did they both receive a CoA with the right to work and an invitation to interview? This would not make sense.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

DFDS.
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Location: MIDLANDS.
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Re: COA with work - Definitive proof of application success?

Post by DFDS. » Sun Feb 24, 2019 10:25 pm

kamoe wrote:
Sun Feb 24, 2019 9:54 am
Documents issued under the EEA route are not granting but confirming rights the applicant already has (except in the cases of extended family members, who usually receive a short CoA without confirmation of the right to work). In that sense, the caseworker does not have to approve anything. That's why CoA can be issued immediately.

Having said that, the answer to your question is yes. Once the caseworker has established identity, relationship as direct family member, and qualified status of the EU sponsor, the above means a card will be issued (unless some sort of admin mess up occurred, but I'm assuming this is rare, and the application is still genuinely successful), the only reason for it not being sent immediately with the CoA being BRC's physical printing process' time.
I've come across many of your posts, but I'm not sure if you do realise how much you're misleading some members on the forum.
Relax! and this too shall pass, secrets are like seasons, they change.

kamoe
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Re: COA with work - Definitive proof of application success?

Post by kamoe » Mon Feb 25, 2019 7:52 am

DFDS. wrote:
Sun Feb 24, 2019 10:25 pm
kamoe wrote:
Sun Feb 24, 2019 9:54 am
Documents issued under the EEA route are not granting but confirming rights the applicant already has (except in the cases of extended family members, who usually receive a short CoA without confirmation of the right to work). In that sense, the caseworker does not have to approve anything. That's why CoA can be issued immediately.

Having said that, the answer to your question is yes. Once the caseworker has established identity, relationship as direct family member, and qualified status of the EU sponsor, the above means a card will be issued (unless some sort of admin mess up occurred, but I'm assuming this is rare, and the application is still genuinely successful), the only reason for it not being sent immediately with the CoA being BRC's physical printing process' time.
I've come across many of your posts, but I'm not sure if you do realise how much you're misleading some members on the forum.
Which is bound to happen to all of us at some point. Thankfully this is a public forum, and a space for discussion and clarification of wrong assumptions. More often than not, I've been able to spot misunderstandings and misleading answers (even from senior members of this forum), and help clarify their answers.

I thought the answer for this particular question was straightforward, but if that is not the case (and this proves to be one of those irrational things the HO does), then I apologize.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Romy88
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Ukraine

Re: COA with work - Definitive proof of application success?

Post by Romy88 » Mon Feb 25, 2019 11:18 am

Good morning All

Basically, if we read "Processes and procedures for EEA documentation applications" guide we will see that:

The COA does not confirm that the holder has a right of residence in the UK:
a ‘short’ COA confirms receipt of the holder’s application - it does not confirm
any right to work
for the applicant
a ‘long’ COA confirms receipt of the holder’s application and confirms the
applicant’s ability to take employment in the UK whilst their application is
outstanding.

So looking at this we assume that COA is just receipt of valid application with right or no right to work. But.

In line with regulation 18(3) of the 2016 regulations, on receipt of an application for a
residence card and the documents that that are required to accompany that
application,
a COA must be issued ‘immediately’. So before COA will be issued the caseworker will have to check all the documents supplied with the application. And then:

To be issued with a ‘long’ COA confirming a right to take employment while their
application is under consideration, the applicant must have submitted:
• a valid passport
• a valid EEA national ID card or passport for the EEA national
• evidence of relationship to their EEA national (for example, marriage or birth
certificates) and either:
o evidence the EEA national has exercised free movement rights in the UK as
a jobseeker, worker, self-employed person, self-sufficient person or student
o evidence the EEA national has permanent residence in the UK.

If they have not submitted all of the evidence listed above, you must issue a ‘short’
COA, which does not confirm a right to take employment.


Following the simple logic, yes, you are correct: issuing long COA means that the application is successful. Issuing short COA may mean the same. I saw lot of posts from people with short COA but with residency card issued (especially unmarried couples and extended family members). Also the caseworkers sometimes issue short COA in error. But again. At the same time I saw some posts with issued long COA but with refusal letter at the end (not enough evidence provided or any other reason). I guess that when the application goes to the final stage, the caseworker who is responsible for the final decision may just reject the application being not satisfied with the evidence. So it is like a lottery. You never know what the issue may occur.

NatCam
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Posts: 158
Joined: Tue Nov 07, 2017 5:26 am
Georgia

Re: COA with work - Definitive proof of application success?

Post by NatCam » Mon Feb 25, 2019 12:05 pm

I don't think your application will be rejected - if this is what you want to hear.:)
You seem to be a genuine couple. One thing is I'm not sure about is if you have CSI. Because your lady doesn't work you have to have one.
I'm on the same path actually. Having spent over 10 years in another EU country with my family I'm still doubtful, because too many have abused the system.
I sincerely think you will get your residence card.
All the best.

zafran1
Newbie
Posts: 45
Joined: Sun Mar 18, 2018 10:02 am
Iran

Re: COA with work - Definitive proof of application success?

Post by zafran1 » Sun Mar 03, 2019 7:11 pm

CSI - we took the most expensive option available on Aviva, increased deductible to 5k (we demonstrated enough funds) and the charge was around 76 gbp / month with full medical underwriting but excluding pre existing conditions as declared (2 adults 2 kids). Full outpatient coverage. So this is the best we could do. Let's see.
Anyway we have a slightly bigger issue to worry about now. Instead of sending the biometric invite to non EU they have addressed and sent it to EU national. Hopefully we don't end up with a spiral of problems but definitely facing a delay.
Let's see (have sent an email and a letter to Liverpool).

Amoniman
Newly Registered
Posts: 18
Joined: Mon Feb 25, 2019 2:38 pm

Re: COA with work - Definitive proof of application success?

Post by Amoniman » Mon Mar 04, 2019 3:07 pm

zafran1 wrote:
Sun Feb 24, 2019 8:51 am
Hi,
In the case of EEA2 applications, the long COA (right to work) is only issued upon the case worker being satisfied with all conditions - identity, relationship, qualified status. Then in that case
1) Isn't it the case that a long COA means that the application will be approved since all tests are already undertaken
2) Has anyone heard of cases where someone got a COA with work but the final decision was negative.
How probable is that? 5%, 1% .. less than that?

Thanks
Z
I have received long CoA and then been rejected for my first RC application.
Reasons they gave me:
1 - not giving them enough evidence that my wife is qualified person
2 - they didn`t believe that my wife will be able to find work, as she was job seeker for more then 91 days

My wife lives in UK since Sep. 1999 and gained Permanent Residence status under EEA regulation in 2011.
We sent letter ( among other documents ) from Universal Credit which literally said:
- that I have passed my Habitual Residence Test and gained right to reside in UK as I derive my rights from my wife which is qualified person !!! I have passed this HRT less then 3 months before applying for RC.

My wife and I bout started working for the same company 2 months before applying for RC. We have submitted that Section 12 of application that she is employed, stamped and signed from our HR.
I was granted Family Permit 5 months before RC application, as of my wife being qualified person and she was at that point also over 91 days as a job seeker.

So by the Home Office, within 2 months, my wife stopped being qualified person with no chance of finding employment. I literally think that they lost all our documents and application because reasons that gave are more then absurd. Already prepared templates for refusal.

zafran1
Newbie
Posts: 45
Joined: Sun Mar 18, 2018 10:02 am
Iran

Re: COA with work - Definitive proof of application success?

Post by zafran1 » Mon Mar 04, 2019 3:22 pm

Very sorry to hear. It's a very Kafkaesque department. A small issue which may not even be your fault may snowball into a disaster.
How did you resolve the situation? After PR they can't keep questioning on qualified status can they?
It's insane. Are you supposed to stop working after RC rejection?

iibdii
Junior Member
Posts: 56
Joined: Wed Jan 15, 2014 1:56 pm

Re: COA with work - Definitive proof of application success?

Post by iibdii » Tue Mar 05, 2019 7:20 pm

I too got refused today too after receiving the full coa. So it doesn't mean anything i think

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