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Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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shandave2001
Junior Member
Posts: 67
Joined: Tue Dec 23, 2008 4:56 am
Location: London

COA

Post by shandave2001 » Thu Dec 25, 2008 4:25 pm

Berith and ribena

Plz keep updating rest of us. I know one can work once Certficate of Aplication is received. Do u know if one can get UK Driving Licence and/or State benefits based on CoA?

If not, what about after when EEA2 is successful and 5 years residence has been granted based on EEA's spouse/civil partner?

Or Driving Licence or State Benefit can only be received after permanent residence/indefinite leave granted?

ribena
Member
Posts: 221
Joined: Mon Mar 31, 2008 4:56 am

Post by ribena » Fri Dec 26, 2008 2:31 pm

Hi shandave2001,
Actually one doesnt need the CoA for work if you can proof or convince your employer so. They can check with BIA on employer helpline. But it does make our life easier. I dont know if you need CoA to apply for NI or open a bank account. Coz I have got them when I was here on another visa. My guess is if you can convince the employer to hire you HR would give you a letter for you to open a bank account for salary purpose (at least that was for my case).

Also, you dont need CoA for your Driving License. I have applied for my provisional license in Oct and they would need to see your passport. I dont know abt state benefit but best for you not to apply anything benefit unnecessary. I think other members who have more knowledge on benefit would be able to advise you better.

After you have fulfill the requirement for PR.. well u can apply for it.

Merry Xmas and may new year bring us good news
Good Luck.
Keep all of us posted :)

ribena
Member
Posts: 221
Joined: Mon Mar 31, 2008 4:56 am

Post by ribena » Fri Dec 26, 2008 2:33 pm

congrats Berith!

shandave2001
Junior Member
Posts: 67
Joined: Tue Dec 23, 2008 4:56 am
Location: London

Post by shandave2001 » Sat Dec 27, 2008 2:51 am

Hi Rebena

Thank you for the reply. Hope u had happy X-Mass. It is someone else's case for which I m seeking advice. No, of course no state benefits, I m just trying to understand the full rights of a Non EEA spouse in such a situation where 5 years residece hasn't been granted yet. You said in ur last post: "Also, you don’t need CoA for your Driving License. I have applied for my provisional license in Oct and they would need to see your passport."

I think UK full Driving Licence is granted to only who have indefinite leave/ permanent residence in UK, isn't it? That is what they are asking in their requirements for full UK Driving Licence. Have u applied for ur provisional licence based on ur status of EEA spouse/civil partner (even though EEA2 5 years residence hasn't been granted yet)? If yes, then what status is that? Pending application of EEA2?

The case I am dealing with, there is non-EEA partner (he) of an EEA national (she) who is exercising her treaty rights in UK. Non EEA partner has no visa to stay in UK. He has blank passport (recently issued from his embassy in UK). He is planning to send his EEA2 application based on his relationship with his qualified EEA partner. The questions are:

1: Whether should I advise him to apply for provisional driving licence
based on his relationship with EEA partner, providing both passports,
proof of their durable relationship akin to marriage (fulfilling 2 years
rule), even though he hasn't send his EEA2 case yet? Or

2: He should wait until Certificate of Application has been received after
sending his EEA2 form to HO?

3: Is Non EEA, (as a partner of an EEA who is exercising her EU treaty
right) is entitled to Driving Licence without indefinite Leave/Permanent
residence by bypassing ordinary rule of indefinite leave/permanent
residence for this purpose?

4: if such a right exist, under which EU directive/UK law it is?

ribena
Member
Posts: 221
Joined: Mon Mar 31, 2008 4:56 am

Post by ribena » Sat Dec 27, 2008 10:00 pm

Hi shandave2001,
Just so we dont get confuse here, here a bit of my background:
Am married to a EEA National residing in UK. Came to UK on EEA FP in May. "Expired" in Nov. Applied for EEA2 on 16th Sept (still waiting for CoA). Have applied for provisional license in Oct and just passed my theory test on the 23rd Dec.

You can only get a Full UK driving license if you passed both theory and pratical test so I dont understand what has EEA2 application got to do with it. Once you are married to a EEA National residing in another member state, you have the same right as your partner (freedom of movement, work etc). So, I have already have the right. But still advisable to apply for the Residence Card. The residence card does not give you your right. It merely confirm the rights with you already have via your marriage to a EEA National.

I am sorry that I am not able to help any further as you have mentioned that the non eea partner has no visa to stay in UK. So what is his status here? Illegal immigrant? Overstayer? Asylum seeker? How long has he been in UK without visa? How long has he been with his partner? Nationality of his partner?

I think by telling us what nationality is he would help further and perhaps a bit more background. And much more experience member would be able to advise further.

Assuming that he has the correct visa to remain in the country:
1. He doesnt need to proof anything to DVLA on his relationship to the EEA National

2. I didn't send my CoA as I don't have mine yet

3. I think- anyone who is a resident in this country (lawfully(?)) are allowed to apply for a Provisional - Full Driving License.

But, in this case, I honestly don't know as the Non EEA partner doesn't have the visa to stay in UK.

My question is however does he really need to apply for provisional license?

ribena
Member
Posts: 221
Joined: Mon Mar 31, 2008 4:56 am

Post by ribena » Tue Dec 30, 2008 3:15 pm

arghh finally get on HO Croydon after 15 mins of waiting. Useless to be told 'your application is in progress'. where is my COA?!

I have sent 2 recorded letter in Oct and Nov, one fax and email and was told to wait till they send it to you in due course.

sigh~

Berith
Newly Registered
Posts: 10
Joined: Sun Dec 21, 2008 11:45 pm

Post by Berith » Thu Jan 01, 2009 7:43 pm

ribena wrote:arghh finally get on HO Croydon after 15 mins of waiting. Useless to be told 'your application is in progress'. where is my COA?!

I have sent 2 recorded letter in Oct and Nov, one fax and email and was told to wait till they send it to you in due course.

sigh~
Hi Ribena! Happy New Year to you!

I totally understand your frustration, seriously! It's incredible how incompetent HO is! I know for you it's been more than 3 months waiting for your COA but they must issue it!

I know you have called, faxed, emailed several times! My advise for you is that you keep on trying! Also get SOLVIT involved, they are really helpful and I am sure they will do something.

The best of luck to you and hopefully soon you will get a positive response!

Keep in touch, and anything you need just write :)

Best

Berith

ribena
Member
Posts: 221
Joined: Mon Mar 31, 2008 4:56 am

Post by ribena » Mon Jan 05, 2009 8:38 pm

Hi Berith,
Happy new year to you too. I called Solvit just before the new year hols and got their voicemail and left them a msg. today a lady from solvit rang me up and wants my details! i was excited (!). i honestly did not except them to call and was ready to make a trip down to london. my husband prefer to meet them face to face if possible.

anyways, i have sent her with the details she required and hope to get some good new soon <fingers crossed>.

tho nothing has been done yet but am extremely pleased with solvit action so far.

ciaramc
Senior Member
Posts: 552
Joined: Mon Jan 15, 2007 10:43 am

Post by ciaramc » Tue Jan 06, 2009 10:03 am

Shavedave...... Are you just helping a friend out??? Because you wrote advising?? Is this person a client?

Anyway some info....as a spouse of an EEA citizen your "friend" should have the same rights as there EU spouse i.e live/work/move freely around the EU....The METLOCK case a spouse does not have to be legally resident in the EU before application!! please see the link below -

http://curia.europa.eu/en/actu/communiq ... 0057en.pdf

THe following link provides information on freedom of movement!

http://eumovement.wordpress.com/

But of course it will be more difficult to gt his RC if he had previously been an overstayer??? As it will look like he/she married their spouse in order to stay in UK! They will have to provide lots of supporting documents!

Can you provide more information? Nationality of both???

Current status in UK?

edwards79
Newly Registered
Posts: 23
Joined: Tue Jan 06, 2009 5:11 pm

Post by edwards79 » Wed Jan 07, 2009 11:58 am

please i submitted my eea2 application on april 8, 2008 received reply on april 24. I am still waiting for my pasport. its frustrating. :(

edwards79
Newly Registered
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Joined: Tue Jan 06, 2009 5:11 pm

Post by edwards79 » Wed Jan 07, 2009 3:24 pm

Please anyone in my shoe.

daria
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Joined: Sun Oct 19, 2008 7:16 pm

Post by daria » Wed Jan 07, 2009 6:19 pm

Hello,

My EEA2 application was submitted on 23 April.
COA received in July 2008 dated month June.
After 2 written complaints, I have received a letter requesting additional docs on 26 November.

I have sent my additional docs on 03/12/08, still waiting.

thsths
Senior Member
Posts: 775
Joined: Sun Apr 29, 2007 8:14 pm

Post by thsths » Wed Jan 07, 2009 10:39 pm

daria wrote:I have sent my additional docs on 03/12/08, still waiting.
I am sure that the UKBA was not doing much work over the 2 weeks around Christmas. So that would increase the previous wait of around 4 weeks to 6 weeks. Keep you hopes up, it should happen soon.

daria
Newly Registered
Posts: 20
Joined: Sun Oct 19, 2008 7:16 pm

Post by daria » Thu Jan 08, 2009 12:34 pm

daria wrote:Hello,

My EEA2 application was submitted on 23 April.
COA received in July 2008 dated month June.
After 2 written complaints, I have received a letter requesting additional docs on 26 November.

I have sent my additional docs on 03/12/08, still waiting.
just received phone call from my immigration advisor,
She received my passport with visa, it was stamped back in December, do not know what date exactly yet, will post later.
Good luck fro those who still wait!

edwards79
Newly Registered
Posts: 23
Joined: Tue Jan 06, 2009 5:11 pm

Post by edwards79 » Thu Jan 08, 2009 6:59 pm

please how did you address the letter of complaint, was it signed by you both of by a solicitor.

daria
Newly Registered
Posts: 20
Joined: Sun Oct 19, 2008 7:16 pm

Post by daria » Thu Jan 08, 2009 8:06 pm

daria wrote:
daria wrote:Hello,

My EEA2 application was submitted on 23 April.
COA received in July 2008 dated month June.
After 2 written complaints, I have received a letter requesting additional docs on 26 November.

I have sent my additional docs on 03/12/08, still waiting.
just received phone call from my immigration advisor,
She received my passport with visa, it was stamped back in December, do not know what date exactly yet, will post later.
Good luck fro those who still wait!
Quick update:
After sending additional documents on 3 of December it only took 2 weeks to have my passport stamped. My visa is from 18/12/08.
Accompanying letter was signed by officer on 12/23/08.
Documents were sent back to my immigration advisor and received (by recorded delivery) on 23/12/08.

So,guys if you use any kind of solicitor/advisor services make sure you have good references of their work.

As you could see UKBA was very sufficient in this case, but not my advisor.I could have spent Christmas and New Year at home:)
Good lesson to me (FYI, I was using local IAS)
Hope this information may help someone.

Berith
Newly Registered
Posts: 10
Joined: Sun Dec 21, 2008 11:45 pm

Post by Berith » Thu Jan 08, 2009 9:25 pm

ribena wrote:Hi Berith,
Happy new year to you too. I called Solvit just before the new year hols and got their voicemail and left them a msg. today a lady from solvit rang me up and wants my details! i was excited (!). i honestly did not except them to call and was ready to make a trip down to london. my husband prefer to meet them face to face if possible.

anyways, i have sent her with the details she required and hope to get some good new soon <fingers crossed>.

tho nothing has been done yet but am extremely pleased with solvit action so far.
Hi Ribena!

Thanks for your reply! Have you heard from Solvit? I am so glad they got in touch with you!!! I honestly think Solvit is your best friend in all this dilema we are going through!

I also think that when Solvit gets in touch with the Home Office, they need to get back to Solvit asap with a clear answer about their request.

My husband sent an email early January to Solvit Poland (My husband is Polish) thanking them for all their support in getting the COA and asking them to bear us in their records in the future (assuming my application would take more than 6 months, which probably will :roll: ) My husband got a response a few days later from them saying that they were very glad we got the COA finally and that they received an email the same day from the HO informing that my COA had been issued, sent and received and asking to close the matter.

I am 100% sure now that because of Solvit I got my COA after waiting for so long! So be in touch with them, I am sure they will help you!

On 13 January it's going to be 3 months since I applied for my RC! Half of the way!! at least it's 3 months less of waiting! Trying to be positive.........

Anyway! Hope you will have good news next time you write! stay in touch, I will!!

Berith :wink:

rogerex
Junior Member
Posts: 53
Joined: Fri Jan 18, 2008 11:15 am

Here is my experience

Post by rogerex » Fri Jan 09, 2009 12:39 am

OK Im going to tell you about my experience ( not very good so be prepared!)

My application for EEA2 was sent the 19th of May, with all the documents requested, original passports, MArriage Certificate, etc etc. We read that it was going to take a maximun of 6 months, therefore we booked our tickets to go to visit my parents fot the 19th of December (South America) with my wife we paid around £ 2000 for the tickets, ( and that because we booked them in advance!). So time goes on, my wife gets her passport back in June, and then suddenly is November, and we start to get worried, i start calling the HO and getting the same answer over and over again " The systems says your application is under consideration and we can only advice to wait further"... I got that answer like 9 times i called, any other information i reuqested they would not provide...I wrote to the local MP, to the HO, etc. but nothign good.Then for the 11th of December I receive my passport back!! but wihtout the residence card... so I had to choose, travel wihtout it and risk it or lose the tickets.... I went down all the way to Croyden to explain my situation and after waiting in a cold open "reception area" The ofiicer comes out and all he says, is " we are snownder with applications theres nothign we can do for you, onyl advice you to wai further"... All the way to Croyden for that.!
Finally I gave up, decided not to travel, (it was to risky) my wife was very very frustrated and dissapointed. I called the agency to cancel the booking so they said they will charge a £250 fee per ticket for Administartives fees... and only one part of the tickets was refundable...

Now 9th of january 2009, I received a check with onyl half of what I paid for the tickets, so we lost £1000, it's 8 months since the application and still waiting.

I'm so disspaointed and angry that I want to go back home, the only reason I cant do that is ebcause my wife is still at Uni.

Anyway there you go, thats my frustrating story

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 11:07 am

Re: Here is my experience

Post by Plum70 » Fri Jan 09, 2009 4:06 pm

...therefore we booked our tickets to go to visit my parents fot the 19th of December (South America) with my wife we paid around £ 2000 for the tickets, ( and that because we booked them in advance!).
Finally I gave up, decided not to travel, (it was to risky) my wife was very very frustrated and dissapointed. I called the agency to cancel the booking so they said they will charge a £250 fee per ticket for Administartives fees... and only one part of the tickets was refundable...
Where in South America are you from? If you are a non-visa national you may have been able to travel with your passport, CoA, marriage certificate and proof of residence in the UK. Just a tip should you need to make another trip before your residence card is issued.
I'm so disspaointed and angry that I want to go back home, the only reason I cant do that is ebcause my wife is still at Uni.
Your emotions are justified and it's good to be using your energy positively by complaining the your MP and the UKBA. Have you tried contacting SOLVIT?

thsths
Senior Member
Posts: 775
Joined: Sun Apr 29, 2007 8:14 pm

Re: Here is my experience

Post by thsths » Sat Jan 10, 2009 9:33 am

rogerex wrote:Now 9th of january 2009, I received a check with onyl half of what I paid for the tickets, so we lost £1000, it's 8 months since the application and still waiting.
EDIT: I missed that the refund was from the travel agent / airline.

By all means ask the UKBA to compensate you for your financial loss. They have broken the law, and now they have to pay for it - it is as simple as that.

If that does not work, you always have the option to go to court. I guess the small claims court would be the best option, but I am not sure about the details. You have to make sure that you sue a "legal person", and I am not sure who that is in case of the UKBA. Anyone?

Alternatively, you could also refer the complaint to the European commission. I am sure they will see to it that you will eventually get your money back. Or you could ask your MP to intervene on your behalf, but that depends a lot on how he/she feels about this issue.
Last edited by thsths on Sat Jan 10, 2009 10:32 pm, edited 1 time in total.

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 11:07 am

Re: Here is my experience

Post by Plum70 » Sat Jan 10, 2009 1:23 pm

"thsths"]
rogerex wrote:Now 9th of january 2009, I received a check with onyl half of what I paid for the tickets, so we lost £1000, it's 8 months since the application and still waiting.
This is interesting for two reasons. First of all the UKBA does recognise that they are wrong here, and liable for compensation, otherwise they would not pay you anything. This is exciting news for many applicants in similar positions. (It does not mean that everybody will get compensation, but it is a first step.)
thsths, I think Rogerex was referring to the travel agency not the United Kingdom Border Agency.

rogerex
Junior Member
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Joined: Fri Jan 18, 2008 11:15 am

Post by rogerex » Sat Jan 10, 2009 8:04 pm

Yes, I was refering to the travel agency.

One point I forgot to ask is, that I still have both passport with me, should I send them back asap, or wait for the caseworker to requeste them?

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 11:07 am

Post by Plum70 » Sat Jan 10, 2009 10:42 pm

rogerex wrote:Yes, I was refering to the travel agency.
Thought as much.
One point I forgot to ask is, that I still have both passport with me, should I send them back asap, or wait for the caseworker to requeste them?
Hold on to them. When your application has been allocated to a caseworker and is being looked at you should receive a request from the UKBA for their return.

ribena
Member
Posts: 221
Joined: Mon Mar 31, 2008 4:56 am

Post by ribena » Mon Jan 19, 2009 11:20 am

hi all
just a quick update before my boss comes in!

sent eea2 application on 16th sept 08. after many letters, calls, fax, emails. finally my husband told me the CoA has arrived today! Also Solvit contacted me on 5th Jan 09.Don't know if that helps in anyway.

But apparently HO claimed that they have sent the CoA to me on 27th Sept-08. yea right!

anyways, it is all good for now. exactly 4 months for CoA.

Berith
Newly Registered
Posts: 10
Joined: Sun Dec 21, 2008 11:45 pm

Post by Berith » Thu Jan 22, 2009 10:15 am

ribena wrote:hi all
just a quick update before my boss comes in!

sent eea2 application on 16th sept 08. after many letters, calls, fax, emails. finally my husband told me the CoA has arrived today! Also Solvit contacted me on 5th Jan 09.Don't know if that helps in anyway.

But apparently HO claimed that they have sent the CoA to me on 27th Sept-08. yea right!

anyways, it is all good for now. exactly 4 months for CoA.
Oh Ribena I am so happy for you! wonderful news! after waiting 4 months! incredible

The good thing is that you have the COA with you now! I was in the same situation, remember? and I honestly don't know what helped but I think it was Solvit!

I have been waiting now for 3 months and 9 days! and I am planning to contact Solvit a few days before the 6 months! maybe it will help to speed up my application

Good luck again and stay in touch, I will

Berith

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