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COA with no right to work

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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vinsku
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Joined: Fri Sep 04, 2015 3:17 pm

COA with no right to work

Post by vinsku » Fri Sep 04, 2015 3:30 pm

Hi Everyone,

I had applied for EEA residence card on August 16 and received the CoA last Friday stating that the HO is unable to confirm my right to work in the UK due to lack of sufficient evidence that my sponsor is exercising Treaty Rights.

To provide a brief overview, I am a Non-EU citizen married to a Finnish (EU) national for the last 10 years, We have two kids together and both of them have Finnish citizenship as well. I have a Finnish permanent residence card. I had supplied with my application my passport, my wife's national identity cards, our children birth certificates, original marriage certificate, and also a very recent marriage certificate notarised by the Finnish magistrate.

The point is that my EEA family permit expires on September 09. I have been working since April here but my employer is now going to terminate my employment contract as my CoA says that the HO cannot confirm my right to work in the UK due to lack of sufficient evidence to show that my wife is exercising Treaty Rights. My employer is not willing to wait for 6 months for the outcome of my decision.

Is there anything I can do? Can I ask them to correct my CoA with right to work so that my employment is not terminated? If so, how can I contact them and will it have any adverse impact on my application?
Please advise.

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: COA with no right to work

Post by vinny » Fri Sep 04, 2015 4:17 pm

How is your wife exercising treaty rights as a qualified person?

Why didn't you supply sufficient evidence that she is a qualified person or has attained PR?

See also Sponsors, paranoia and unfair dismissal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: COA with no right to work

Post by Obie » Fri Sep 04, 2015 4:43 pm

vinny wrote:How is your wife exercising treaty rights as a qualified person?

Why didn't you supply sufficient evidence that she is a qualified person or has attained PR?

See also Sponsors, paranoia and unfair dismissal.
The problem is they sometimes do this even though a person might have already produced the documents they required.

I have seen of late they are acting in this way.

I think writing them, informing them that you face a prospect of being sacked because of their action and will claim damages if you are, might help.
Smooth seas do not make skilful sailors

vinsku
Newly Registered
Posts: 2
Joined: Fri Sep 04, 2015 3:17 pm

Re: COA with no right to work

Post by vinsku » Tue Sep 08, 2015 1:31 pm

Thanks Vinny and Obie for your responses.
Does anyone know the email address where I can write to the Home Office to revise my CoA. Any help is much appreciated.

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