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Received COA today for PR, after naturalisation refused

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

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omaral
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Posts: 39
Joined: Thu Dec 25, 2014 1:00 pm
Mood:
Netherlands

Received COA today for PR, after naturalisation refused

Post by omaral » Sun May 08, 2016 1:21 am

Hello everyone and I hope to get some help,

I am Dutch, been in the Uk since 2005, my wife non-EEA national who arrived in the UK in 2008

She applied back in 2008 for Residence Card and was granted in 2009

The Residence Card expired in 2014

She applied in Feb. 2015 for naturalisation but was refused on the basis we had not provided enough evidence of me exercising Treating rights for a continuous period of five years. And we lost a lot of money paying a solicitor who was too lazy and did not help much at all.

So we decided to go the PR route and applied on the first week of April-2016, we received today the Certificate of Application

Which states the following:-
Thank you for your application for a Permanent Residence Card, We will make a decision on the application as soon as we can and, in any event, within the next 6 months.

Please do not telephone or make enquires about the progress of the application before you hear from us unless a passport or other document is needed urgently, as this diverts resources from making decisions.

We generally advise that you should not make any travel plans until we have returned your passport. If you need your passport because you have to travel urgently and unexpectedly, use the return of the document request form at https://www.gov.uk/visa-documents-returned.

We advise you not to make any non-urgent travel plans until we have decided your application and returned your passport(s) or travel document(s).

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 is because you have not provided original documentation for all of the following:

* Sufficient evidence of your sponsor exercising Treaty rights.

We will not revisit the terms of your Certificate of Application during the consideration of your case. This means we will not confirm your right to work until your application is decided. This includes the period of time during which you exercise any right to of appeal should your application be refused and is irrespective of any information or documentation you may provide during the consideration stage.

The enclosed Questions and Answers sheet provides more information about the employment rights.

Yours sincerely,




Questions and Answers

Why are you unable to confirm my right to work in the United Kingdom whilst my application is being considered?
We are unable to confirm eligibility to take or continue in employment in the United Kingdon where-

- The application is the unmarried partner or an extended family member (for example, the brother or sister) of an EU citizen who is exercising European free movement rights in the United Kingdom.

- The applicant has not provided satisfactory evidence of his or her identity or of his or her relationship to an EU Citizen.

Should we worry about any of the above? or is it to early to say?

Also they have not asked us yet to provide biometric finger prints?

member
Member of Standing
Posts: 297
Joined: Thu Sep 29, 2011 6:23 am

Re: Received COA today for PR, after naturalisation refused

Post by member » Sun May 08, 2016 2:53 am

omaral wrote:Hello everyone and I hope to get some help,

I am Dutch, been in the Uk since 2005, my wife non-EEA national who arrived in the UK in 2008

She applied back in 2008 for Residence Card and was granted in 2009

The Residence Card expired in 2014

She applied in Feb. 2015 for naturalisation but was refused on the basis we had not provided enough evidence of me exercising Treating rights for a continuous period of five years. And we lost a lot of money paying a solicitor who was too lazy and did not help much at all.

So we decided to go the PR route and applied on the first week of April-2016, we received today the Certificate of Application

Which states the following:-
Thank you for your application for a Permanent Residence Card, We will make a decision on the application as soon as we can and, in any event, within the next 6 months.

Please do not telephone or make enquires about the progress of the application before you hear from us unless a passport or other document is needed urgently, as this diverts resources from making decisions.

We generally advise that you should not make any travel plans until we have returned your passport. If you need your passport because you have to travel urgently and unexpectedly, use the return of the document request form at https://www.gov.uk/visa-documents-returned.

We advise you not to make any non-urgent travel plans until we have decided your application and returned your passport(s) or travel document(s).

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 is because you have not provided original documentation for all of the following:

* Sufficient evidence of your sponsor exercising Treaty rights.

We will not revisit the terms of your Certificate of Application during the consideration of your case. This means we will not confirm your right to work until your application is decided. This includes the period of time during which you exercise any right to of appeal should your application be refused and is irrespective of any information or documentation you may provide during the consideration stage.

The enclosed Questions and Answers sheet provides more information about the employment rights.

Yours sincerely,




Questions and Answers

Why are you unable to confirm my right to work in the United Kingdom whilst my application is being considered?
We are unable to confirm eligibility to take or continue in employment in the United Kingdon where-

- The application is the unmarried partner or an extended family member (for example, the brother or sister) of an EU citizen who is exercising European free movement rights in the United Kingdom.

- The applicant has not provided satisfactory evidence of his or her identity or of his or her relationship to an EU Citizen.

Should we worry about any of the above? or is it to early to say?

Also they have not asked us yet to provide biometric finger prints?
Are you able to provide enough evidence of exercising Treaty rights for the requested period this time?

omaral
Newbie
Posts: 39
Joined: Thu Dec 25, 2014 1:00 pm
Mood:
Netherlands

Re: Received COA today for PR, after naturalisation refused

Post by omaral » Sun May 08, 2016 7:25 am

Are you able to provide enough evidence of exercising Treaty rights for the requested period this time?
We have always, but the Home Office never been clear about what exactly is missing or not provided.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Received COA today for PR, after naturalisation refused

Post by noajthan » Sun May 08, 2016 9:14 am

omaral wrote:...

So we decided to go the PR route and applied on the first week of April-2016, we received today the Certificate of Application

Which states the following:-
...

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 is because you have not provided original documentation for all of the following:

* Sufficient evidence of your sponsor exercising Treaty rights.

We will not revisit the terms of your Certificate of Application during the consideration of your case. This means we will not confirm your right to work until your application is decided. This includes the period of time during which you exercise any right to of appeal should your application be refused and is irrespective of any information or documentation you may provide during the consideration stage.

The enclosed Questions and Answers sheet provides more information about the employment rights.

Yours sincerely,




Questions and Answers

Why are you unable to confirm my right to work in the United Kingdom whilst my application is being considered?
We are unable to confirm eligibility to take or continue in employment in the United Kingdon where-

- The application is the unmarried partner or an extended family member (for example, the brother or sister) of an EU citizen who is exercising European free movement rights in the United Kingdom.

- The applicant has not provided satisfactory evidence of his or her identity or of his or her relationship to an EU Citizen.
Should we worry about any of the above? or is it to early to say?

Also they have not asked us yet to provide biometric finger prints?
A fairly boilerplate response. Not too much to worry about at this stage in the game.

Biometrics invite will come in its own time. Patience is a virtue when dealing with HO for such immigration matters.

Presumably you were exercising treaty rights continuously for some 5-year period ?
- and have submitted good (if not unimpeachable) documentary supporting evidence?.

Here is guidance that will help you get into the head of caseworker weighing up & assessing your case:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see refs to COA, pages 25-28++
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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