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Short COA! (certificate of application)

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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ld10
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Short COA! (certificate of application)

Post by ld10 » Wed Aug 04, 2010 11:42 am

I'm spouse of EEA national applied for EEA2 6 weeks ago, recieved today COA and its dosent say that i can work or any of my rights.

Is home office right to not state any of my rights in COA? Where i can find my rights and what should i do in this situation?

Thank you for advice!

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Aug 05, 2010 5:14 pm

What are you looking for? You can see some of your rights at http://www.ukba.homeoffice.gov.uk/eucit ... sibilites/

ld10
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Post by ld10 » Thu Aug 05, 2010 5:36 pm

y
Directive/2004/38/EC wrote:What are you looking for? You can see some of your rights at http://www.ukba.homeoffice.gov.uk/eucit ... sibilites/

yes as i understood i have the same rights as my EEA spouse,but how to prove it,seems like the only way its wait for residence card?another 5-6 months,its hard to stay without work.
Basicaly home office denied my right to work by not stating it in COA,just want to know they are right to do it or not?

Ben
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Post by Ben » Thu Aug 05, 2010 5:39 pm

ld10 wrote:Basicaly home office denied my right to work by not stating it in COA
I don't think you can say that. Not explicitly stating that you are entitled to work is not equal to denying you of your entitlement to work.
I am no longer posting publicly on this website - PM me if needed.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Aug 05, 2010 5:44 pm

I assume you do not already have a EEA Family permit?

I would call the UKBA and ask how you should prove that you have the right to work in the UK? Ask them to send you a letter stating that you have the right to work.

Otherwise get Solvit involved.

ld10
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Post by ld10 » Thu Aug 05, 2010 6:06 pm

Directive/2004/38/EC wrote:I assume you do not already have a EEA Family permit?

I would call the UKBA and ask how you should prove that you have the right to work in the UK? Ask them to send you a letter stating that you have the right to work.

Otherwise get Solvit involved.
Yes i didnt had family permit,i called them already women asked me if my spouse exersising treaty rights,i said all required documents has been submited(cotract,payslips,all they asked for)and she said short version of COA based on documents submited has been send to me,i asked so can i work or no , she said no and kept repeting above on my questions why.

ld10
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Post by ld10 » Thu Aug 05, 2010 6:25 pm

Ben wrote:
ld10 wrote:Basicaly home office denied my right to work by not stating it in COA
I don't think you can say that. Not explicitly stating that you are entitled to work is not equal to denying you of your entitlement to work.
I got lawyer to write them letter explain to me what can i do and what not, but it will take 40 days or more for them to respond,he said that he noticed recently they began to send this short versions of COA.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu Aug 05, 2010 6:28 pm

I would suggest you take a copy of your application and your COA and go and apply for a National Insurance Number.

ld10
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Post by ld10 » Fri Aug 06, 2010 11:06 am

Directive/2004/38/EC wrote:I would suggest you take a copy of your application and your COA and go and apply for a National Insurance Number.
Not sure if i can do that without formal permision from HO.

Is anyone out here in the same situation?Please give your opinion.
Last edited by ld10 on Fri Aug 06, 2010 11:10 am, edited 1 time in total.

Ben
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Post by Ben » Fri Aug 06, 2010 11:09 am

ld10 wrote:
Directive/2004/38/EC wrote:I would suggest you take a copy of your application and your COA and go and apply for a National Insurance Number.
Not sure if i can do that without formal permision from HO.
You don't need permission to do something you're entitled to do.
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Mwalimu
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Post by Mwalimu » Fri Aug 06, 2010 11:31 am

I have been searching for a job now for the last 12 weeks and it is very frustrating as most if not all recruitment agencies do not accept COA as a form of right to work documentation. I have been to and spoken to numerous agencies all of whom have out right rejected or refused to put forward my resume/CV to employers on the basis of insufficient prove of rights to work. I have reached a point where I now have to seek advice on whether such agencies have acted unlawfully.

My COA states explicitly that as a family member of a EEA residence, I have the right to live and take employment. It further gives guideline to employers on what they need to do confirm employment eligibility. Despite this, the agencies are not at all bothered and this has therefore meant, I have been unable to secure a job. Having said, employers have full knowledge of the COA and those I have had a benefit to interview with have COA details on their list of documentation required, unlike these agencies.

Is there anyone out there who has found themselves a similar circumstance and if yes, what cause of action have you taken?

ld10
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Post by ld10 » Fri Aug 06, 2010 11:51 am

Ben wrote:
ld10 wrote:
Directive/2004/38/EC wrote:I would suggest you take a copy of your application and your COA and go and apply for a National Insurance Number.
Not sure if i can do that without formal permision from HO.
You don't need permission to do something you're entitled to do.
Yes but how to prove it,no one will belive the story without formal permision.

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Post by Ben » Fri Aug 06, 2010 11:59 am

ld10 wrote:
Ben wrote:
ld10 wrote:
Directive/2004/38/EC wrote:I would suggest you take a copy of your application and your COA and go and apply for a National Insurance Number.
Not sure if i can do that without formal permision from HO.
You don't need permission to do something you're entitled to do.
Yes but how to prove it,no one will belive the story without formal permision.
Passport, spouse's passport or ID card plus your marriage cert. Employers can also contact the UKBA's employer checking service on 0300 123 4699 or Employerchecking@ukba.gsi.gov.uk.
I am no longer posting publicly on this website - PM me if needed.

ld10
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Post by ld10 » Fri Aug 06, 2010 1:20 pm

Ben wrote:
ld10 wrote:
Ben wrote:
ld10 wrote:
Not sure if i can do that without formal permision from HO.
You don't need permission to do something you're entitled to do.
Yes but how to prove it,no one will belive the story without formal permision.
Passport, spouse's passport or ID card plus your marriage cert. Employers can also contact the UKBA's employer checking service on 0300 123 4699 or Employerchecking@ukba.gsi.gov.uk.
All this documents at HO,only copies i got,its seems to be a difficultone to convince somebody.And at HO they might say if its not written in COA thats the way it is.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri Aug 06, 2010 1:53 pm

I think you have some choices.

First of all, you need to move past your frustration. It will not make you happy.

You can either:
(1) Wait until you have your Residence Card
(2) Leave the UK with your spouse and apply for a EEA family permit, before returning
(3) Do something about fixing the way they organize things

In any case, I would strongly suggest you ask for your passports and marriage certificate back from UKBA. They do not need them to process your application, and asking for them back will not slow down your application. See "How to ask us to return your passport" at http://www.ukba.homeoffice.gov.uk/eucit ... plication/

I do not think anyone will hire you based on the COA without seeing your passport.

turron
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Post by turron » Fri Aug 06, 2010 4:38 pm

hi everyone,

I'm in the same situation as ld10.

EEA2 applied 05.July.2010
CoA received 06.August.2010, today.

my CoA didn't say any right to work nether live.
so I called HO just today to ask if I could work.
a very polite man asked me if I had sent my certificate of marriage. but I didn't send it....
EEA2 application (April.2010 version )didn't say I had to send it, so I didn't...
he told me I had to send it now and I think he told me I could work now as well.(it was very difficult for me to understand his English...)
before sending my EEA2, I understood that the people who is unmarriaged with EEA person would receive the CoA that doesn't say any right.
now I think that I didn't send my certificate of marriage, so I have this type of CoA.
did ld10 send your certificate of marriage?

about National Insurance Number, I got it after sending my passport to HO and before getting my CoA.
I just showed a copy of my passport, that is the page of the photo and family parmit although it expired...

I hope we can get RC as soon as possible!!!

ld10
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Post by ld10 » Fri Aug 06, 2010 5:01 pm

turron wrote:hi everyone,

I'm in the same situation as ld10.

EEA2 applied 05.July.2010
CoA received 06.August.2010, today.

my CoA didn't say any right to work nether live.
so I called HO just today to ask if I could work.
a very polite man asked me if I had sent my certificate of marriage. but I didn't send it....
EEA2 application (April.2010 version )didn't say I had to send it, so I didn't...
he told me I had to send it now and I think he told me I could work now as well.(it was very difficult for me to understand his English...)
before sending my EEA2, I understood that the people who is unmarriaged with EEA person would receive the CoA that doesn't say any right.
now I think that I didn't send my certificate of marriage, so I have this type of CoA.
did ld10 send your certificate of marriage?

about National Insurance Number, I got it after sending my passport to HO and before getting my CoA.
I just showed a copy of my passport, that is the page of the photo and family parmit although it expired...

I hope we can get RC as soon as possible!!!
Oo yes i have send them about 1kg of documents,all they require from me, even more.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri Aug 06, 2010 5:08 pm

turron wrote:a very polite man asked me if I had sent my certificate of marriage. but I didn't send it....
EEA2 application (April.2010 version )didn't say I had to send it, so I didn't...
Very interesting. They do not ask for the marriage certificate at all in form EEA2.

Weird that UKBA would want it from you.

ld10
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Post by ld10 » Fri Aug 06, 2010 5:20 pm

Directive/2004/38/EC wrote:
turron wrote:a very polite man asked me if I had sent my certificate of marriage. but I didn't send it....
EEA2 application (April.2010 version )didn't say I had to send it, so I didn't...
Very interesting. They do not ask for the marriage certificate at all in form EEA2.

Weird that UKBA would want it from you.
On application form on page 7 , p. 3.12
Evidence of relationship : birth sertificate/marriage certificate/civil partnership (please circle to indicate)

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri Aug 06, 2010 5:34 pm

Interesting. It is not on the checklists of Section 9 or Section 10.

ld10
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Post by ld10 » Fri Aug 06, 2010 5:47 pm

Directive/2004/38/EC wrote:Interesting. It is not on the checklists of Section 9 or Section 10.
No its not on checklist,but its obvious that you have to send it.

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Post by Directive/2004/38/EC » Fri Aug 06, 2010 5:49 pm

"obvious" it is not.

You will note that a previous poster did not send it!

turron
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Post by turron » Fri Aug 06, 2010 9:26 pm

I read On application form on page 7 , p. 3.12 , it was the section for sponsor, my husband is employment (section 4).
as the check list didn't say anything about the certificate, I prepared just they wanted,,,

now I don't know why they sent me CoA that doesn't say about the right to work,,,

ld10
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Post by ld10 » Fri Aug 06, 2010 10:45 pm

turron wrote:I read On application form on page 7 , p. 3.12 , it was the section for sponsor, my husband is employment (section 4).
as the check list didn't say anything about the certificate, I prepared just they wanted,,,

now I don't know why they sent me CoA that doesn't say about the right to work,,,
He is your sponsor,i hope you filled that page with his personal details.

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Post by turron » Fri Aug 06, 2010 11:05 pm

oh my god....................!!!!
I didn't fill section 3 for the sponsor,,,,,
I thought it was for just "sponsor"....
I'll send it to HO with the certificate of marriage as soon as possible....
I hope I don't have any problem for that,,,,

thanks for telling me!!!

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