Long CoA delay - Settlement of non EEA Spouse - Right to stay and work under threat

Hello,

I am writing this post because I could really use some advice. I am a EU citizen that's been living in the UK for two years, and I got my pre-settled status swiftly and with no issues. I've recently gotten married to a non-EEA wife (S. Korea). She applied for the EU Settlement Scheme on the 18th of March, and got her biometrics taken on the 20th of March.

Things haven't really moved since then. She has contacted the EU Settlement Scheme Resolution Centre by e-mail, and they have confirmed that they have received her biometric data and asked her to wait to be contracted by the relevant case worker. The problem is that she is currently on a Tier 5 visa due to expire on the 8th of July, and we have a few questions no one has been able to assist us with so far:

- What happens if the 8th of July comes around and we still haven't received the CoA? Would she have to leave the country / be considered as a visa overstayer if she did not?

- Her current employer keeps asking for the status of her application, and saying that they will be forced to start hiring a replacement if she does not provide some type of proof of her status soon. Will her CoA even entitle her to keep working once she receives it?

We already got in touch with the EU Settlement Resolution Centre, but all we got in response is a generic message telling us to wait until the relevant case worker gets in touch... For crying out loud. We fear we are about be separated and she's about to lose her job, and all they give us is a generic copy paste message, no humanity in this system at all. I would greatly appreciate if any of you could help me out with my questions. Or, if anyone else is stuck in the same position, just share your experience... Thank you so much!!

If you are a non-British EEA citizen and she is married to you (in a marriage that is recognised in the UK), then her right to reside in the UK flows from that marriage. So she can reside in the UK based on that marriage.

She also has the right to work in the UK, but there is no way to prove the right to work without the CoA or the pre-settled status BRP.

Keep in mind that Home Office staff will have other priorities at the moment and that some of them may even be diverted to other government departments (passport office staff are assisting at the DWP, for example). So be patient.

secret.simon wrote: ↑

Sun May 03, 2020 1:14 pm

If you are a non-British EEA citizen and she is married to you (in a marriage that is recognised in the UK), then her right to reside in the UK flows from that marriage. So she can reside in the UK based on that marriage.

She also has the right to work in the UK, but there is no way to prove the right to work without the CoA or the pre-settled status BRP.

Keep in mind that Home Office staff will have other priorities at the moment and that some of them may even be diverted to other government departments (passport office staff are assisting at the DWP, for example). So be patient.

Thank you very much, I did not realise she would be able to stay, so that is already pretty reassuring, really appreciate that!

Would you happen to know what her rights will be without the CoA though? Would she be able to travel abroad (e.g. because of a family emergency) and be allowed back in? How about using the NHS? Asking because those are pretty tangible concerns at the moment due to COVID.

Mooked wrote: ↑

Sun May 03, 2020 1:31 pm

Would she be able to travel abroad (e.g. because of a family emergency) and be allowed back in?

Could get complicated. I would advise against all foreign travel until her biometric card comes through (CoA is not a travel document). For starters, airlines may refuse her permission to board without proof (in the form of a biometric card or a visa in her passport).

Mooked wrote: ↑

Sun May 03, 2020 1:31 pm

How about using the NHS?

Again, like work, she can use the NHS, but it would be difficult to prove in the absence of a CoA or a biometric card.

secret.simon wrote: ↑

Sun May 03, 2020 2:52 pm

Mooked wrote: ↑

Sun May 03, 2020 1:31 pm

Would she be able to travel abroad (e.g. because of a family emergency) and be allowed back in?

Could get complicated. I would advise against all foreign travel until her biometric card comes through (CoA is not a travel document). For starters, airlines may refuse her permission to board without proof (in the form of a biometric card or a visa in her passport).

Mooked wrote: ↑

Sun May 03, 2020 1:31 pm

How about using the NHS?

Again, like work, she can use the NHS, but it would be difficult to prove in the absence of a CoA or a biometric card.

Thank you, really appreciate you taking the time to respond. I am pretty happy to hear that at least we are not at risk of being split up, so I suppose we can always improvise from there. Fingers crossed the CoA just comes through ASAP...

secret.simon wrote: ↑

Sun May 03, 2020 2:52 pm

Mooked wrote: ↑

Sun May 03, 2020 1:31 pm

Would she be able to travel abroad (e.g. because of a family emergency) and be allowed back in?

Could get complicated. I would advise against all foreign travel until her biometric card comes through (CoA is not a travel document). For starters, airlines may refuse her permission to board without proof (in the form of a biometric card or a visa in her passport).

Mooked wrote: ↑

Sun May 03, 2020 1:31 pm

How about using the NHS?

Again, like work, she can use the NHS, but it would be difficult to prove in the absence of a CoA or a biometric card.

Hello, I just thought I'd let you know that we got the CoA on the 13/05, after having applied on the 17/03! Not too bad to be honest!!

I want to use this opportunity again to thank you for your time. Your words have honestly helped me be at ease over the last few weeks, and I feel so relieved now that the immediate threat of joblessness has been averted!

It's not often that people go out of their way to help, so I want to send a big thank you your way! It is truly appreciated!