Short COA - can employer change it?

Hi all

I applied for EEA EFM unmarried partner and received a short COA saying I can't work as we are unmarried and I have not provided evidence of relationship. Which I expected.

My employer is upset and called the HO today who told them to complete an "ECS" Employer checking service online. My manager was told the HO will respond in five days and she seems confident that this will allow me the right to work. Does anyone have any experience on this? Can an employer sway a COA to have working rights? If it's any help, I'm an accountant.

Thanks

Just to add on - I'm not too bothered about not working for a while, my employer is the one pushing the COA to change

I don't think your employer can change anything unless he sponsors you instead of your partner !

geeb33 wrote:My employer is upset and called the HO today who told them to complete an "ECS" Employer checking service online. My manager was told the HO will respond in five days and she seems confident that this will allow me the right to work.

Signing up for the ECS does not speed up the process of getting the right to work as an EEA EFM.

What registration with the Employer Checking Service will do is it will give her the ability to be aware of your immigration status and she can rehire you when you are free to work again.

Remember that she cannot employ you while you have no right to work as she will be subject to heavy fines if she did.

As an aside, compliments on the research that you have done. It seems that you were prepared for the scenario and have accepted it.

If you're married it could have been perfect to get employment right straight away. That's EU LAW for you.

That's what I thought - that it's a service to check IF I can work, not argue for be being able to work. I'm not sure why the HO employer phone team told her otherwise.

Anyway thanks! I've read this forum inside out, the legislation inside out and all the HO guidance and have become an expert on this damn residence card.

Now to kick my feet up for four months and watch the whole of netflix

Hi All,

So my situation: I have a youth mobility visa which expires 22 May 2016.
Have applied for EEA EFM.
I received a COA with no right to work.

My employer did an "online employer checking service" form. It's just come back saying the following:

2 Outcome of our check: This person has the right to work subject to the restrictions in section 4

3 Expiry date of our check: The result of this check is valid for 6 months. It expires on 6 October 2016. You should carry out a follow-up right to work check on this person on or before this date.

4 Work restrictions: Tier 5 (Youth Mobility Scheme) - No work as Doctor/Dentist in training or sports person.

5 What this means: This Positive Verification Notice will provide you with a time-limited statutory excuse against liability for a civil penalty in respect of this person. You must retain this Notice. If this person has provided you with an Application Registration Card or a Certificate of Application, you should retain a copy.

6 Ensure your compliance: You should note that your time-limited statutory excuse will not apply if at any time you become aware that this person no longer has the right to do the work in question and you may also be prosecuted for knowingly employing an illegal worker which means you may face an unlimited fine and/or imprisonment.

Does this mean I can continue working even when my youth mobility visa expires?

Thanks in advance!

geeb33 wrote:Hi All,

So my situation: I have a youth mobility visa which expires 22 May 2016.
Have applied for EEA EFM.
I received a COA with no right to work.

My employer did an "online employer checking service" form. It's just come back saying the following:

2 Outcome of our check: This person has the right to work subject to the restrictions in section 4

3 Expiry date of our check: The result of this check is valid for 6 months. It expires on 6 October 2016. You should carry out a follow-up right to work check on this person on or before this date.

4 Work restrictions: Tier 5 (Youth Mobility Scheme) - No work as Doctor/Dentist in training or sports person.

5 What this means: This Positive Verification Notice will provide you with a time-limited statutory excuse against liability for a civil penalty in respect of this person. You must retain this Notice. If this person has provided you with an Application Registration Card or a Certificate of Application, you should retain a copy.

6 Ensure your compliance: You should note that your time-limited statutory excuse will not apply if at any time you become aware that this person no longer has the right to do the work in question and you may also be prosecuted for knowingly employing an illegal worker which means you may face an unlimited fine and/or imprisonment.

Does this mean I can continue working even when my youth mobility visa expires?

Thanks in advance!

This is interesting. Further to your questions, would this apply to other Tier visas?