EEA Residence Card for non-EEA extended family member - HELP

Good-evening All, I am new to this site.
I was previously in Tier 2 Visa, I lost my job. I have my nephew leaving with me(EU national) for over six moths and in a full time education.
I applied for residence card with EEA EFM form. I indicated that I am the Uncle to the EEA national sponsor. I am from non EEA country.

Furthermore, I received my COA with the following statement;
At this stage we are unable to confirm your right to work in the United Kingdom. This will depend on the outcome of the application. This because you have not provided original documentation for all of the following:
• Evidence of relationship with your EEA national sponsor;
• The applicant is the unmarried partner or extended family member (for example, the brother or sister) of an EU citizen who is exercising European free movement rights in the United Kingdom

I submitted originals of every document.

Please, what do I have to do ?
I need your replies urgently

It is unfortunately Home Office practice to issue COA without right to work for extended family members. However, sorry to say but you won't get a residence card unless you were dependent on your nephew before you arrived in the UK, and from your description it doesn't sound like it. The thread that you posted on already had the answer to this issue.

Thanks for the time you have taken to provide your reply.
I have been reading the immigration legislation since I made that post and I don't think you are right and as such I will not believe that.
My opinion is that the Case Worker is finding it difficult with the document I have provided to establish if we are related and upon confirmation of that I may not have the right to work since I am a non EEA extended family member, until a decision is made.

Read Regulation 8(2) carefully. First of all, you arrived in the UK before your nephew. The condition is that you must be "joining" or "accompanying" him to the UK, so he must have arrived before you or you are coming together to the UK. Second of all, dependency on your nephew must have arisen before your entry into the UK. It cannot arise after your entry into the UK. I'm afraid you are very unlikely to succeed with this application no matter what you wish to believe. Also check out page 16 of this Home Office guidance for confirmation.

The Home Office will only issue a 'short' COA to an extended family member, meaning a COA with no right to work. Page 30 of this Home Office guidance clearly states that it is Home Office practice:

Extended family members, including durable partners, of EEA nationals do not enjoy an automatic right of residence in the UK until they have been issued with a document by the Home Office confirming such a right. You must issue a ‘short’ COA to extended family members who have submitted an application for a residence card or a permanent residence card, regardless of the level of evidence submitted with their application.

Forgot to mention that if you wish to make a claim based on being a member of his household rather than based on dependency, you must have been a recent member of your nephew's household before his arrival in the UK, in other words not in the UK. Your nephew must also have had the primary right of residence in that household.

@Rosebead, I agree with your last comment below:

"Forgot to mention that if you wish to make a claim based on being a member of his household rather than based on dependency, you must have been a recent member of your nephew's household before his arrival in the UK, in other words not in the UK. Your nephew must also have had the primary right of residence in that household"

Furthermore, the situation is that if I leave the UK, my nephew will be deprived or loose his EU free movement right; that is to say that he has no where to stay and can not be on His own and this might jeopardise is education.

Rosebead, does it mean that some of those concessions mentioned in the EEA EFM guidance document and other immigration legislation will not count in make decision of my application ?

This application is made based on household member and I fully integrated in the UK, considering that I have lived here for 8 years

Is your nephew an adult? Unless your nephew is a self-sufficient minor under 18, or a child in education with an EU parent that is/was an EU worker in the UK and who lived in the UK at the same time as the child at some point, and you are your nephew's primary carer, you have zero chance of obtaining a derivative right of residence. Somehow I very much doubt that you fall into those categories.

Also note, if you are applying on the basis of being an extended family member, you must have been a recent member of the household of your nephew in the country from which he came from and before he arrived in the UK. He must also have had the primary right of residence in that household.

I'm sorry but I can't see how you can qualify under the EEA Regulations, either as an extended family member, or for a derivative right of residence as a primary carer. Good luck trying though.

Rosebead i am not sure your view of regulation 8 is wholly consistent with Aladeselu.

That view was also endorsed by the Court of Appeal. when the Secretary of State Appealed.

I am just going by the wording in Regulation 8(2) and the Home Office guidance on extended family members, which still very much stresses the condition of joining or accompanying, and especially so in the Home Office guidance. In contrast, there is no such mention of joining or accompanying for direct family members in Regulation 7. I agree from reading Aladeselu that there isn't a strict literal interpretation of the words "joining" or "accompanying" for extended family members but I had not been aware of that case law. Neither Regulation 8(2) nor Home Office guidance seems have removed the words joining or accompanying, which is in contrast to Regulation 7 which has no such wording. The Home Office in its guidance does very much make it sound like the extended family member must not have been in the UK before the sponsor.

However, the fact remains that an extended family member, whether he arrived before or after his sponsor, he must in the country from which he came from, have been either a dependant or a member of the household of his EU sponsor and must continue to be a dependant or a member of his household in the UK.

I must say I find it curious that CJEU Rahman states, "On the other hand, the situation of dependence must exist, in the country from which the family member concerned comes, at the time when he applies to join the Union citizen on whom he is dependent", which might suggest that the extended family member must arrive in the host State at about the same time as the sponsor and not months before, yet the judges in Aladeselu reason with a teleogical interpretation of the Directive that this does not apply when the extended family member is already in the UK before the sponsor.

But the judge stated that the CJEU was dealing with the particular fact of Rahman's case, rather than setting a rule of general application.

Counsel for the Secretary of State, sought to advance that submission, but it was not accepted.

I have no difficulty in accepting that the OP will have difficulty in succeeding, the difference between us, is the reason why he will not succeed.