EEA WIFE (self-sufficient) + NON-EEA HUSBAND...

[songlili]

(Sorry about the long post, but I'm panicking...) We arrived in UK in September, I am EEA and my husband, non-EEA, had a Family Permit. He started working right away. We applied for his RC on Jan/25 and, at the same time (thinking it'd somehow help/speed up his case) we requested my registration certificate as self-sufficient. We included (all originals):
- his passport
- my national ID
- marriage cert
- 3 months bank statements (his)
- 6 different proofs that we live together
- CSI
- letter stating that I have access to his funds
- form and pics

I received a generic email stating they received and are processing my application. Days later he got a CoA saying we haven't "provided original documentation for all of the following: sufficient evidence of your sponsor exercising Treaty rights". so they aren't able to confirm his right to work in the UK.

On the back of the page, there's a Q&A section that states "the applicant is the unmarried partner or an extended family member of an EU citizen who is exercising free movement rights in the UK. In these circumstances there's no automatic right or entitlement to live in the UK with the EU citizen sponsor (...) This means that until we have determined that you qualify as an unmarried partner or as an extended family member by issuing a Residence Document, you are not able to work on the basis of your relationship to your EU citizen sponsor"

To make things more difficult, my husband's Family Permit expires tomorrow and his employer has been asking for the CoA (we are trying to delay this a few days, but will have to show it soon)

We sent a letter requesting a new CoA, based on the mistakes, but also including aditional proof of funds that we obtained prior to coming to the UK + further proof of CSI (just in case). We also reached them by email (haven't replied)

Solvit says they can't help until the card is actually rejected...

Are we royally screwed? Do they ever change CoA? Can we stay if they decide I'm not a QP?

[noajthan]

(Sorry about the long post, but I'm panicking...) We arrived in UK in September, I am EEA and my husband, non-EEA, had a Family Permit. He started working right away. We applied for his RC on Jan/25 and, at the same time (thinking it'd somehow help/speed up his case) we requested my registration certificate as self-sufficient. We included (all originals):
...
...

I received a generic email stating they received and are processing my application. Days later he got a CoA saying we haven't "provided original documentation for all of the following: sufficient evidence of your sponsor exercising Treaty rights". so they aren't able to confirm his right to work in the UK.

...

To make things more difficult, my husband's Family Permit expires tomorrow and his employer has been asking for the CoA (we are trying to delay this a few days, but will have to show it soon)

We sent a letter requesting a new CoA, based on the mistakes, but also including aditional proof of funds that we obtained prior to coming to the UK + further proof of CSI (just in case). We also reached them by email (haven't replied)

Solvit says they can't help until the card is actually rejected...

Are we royally screwed? Do they ever change CoA? Can we stay if they decide I'm not a QP?

Relax.
You are married so spouse is direct family member.

You both have 3 months initial grace period in UK to get your show on the road.
No need to exercise treaty rights during this 'honeymoon' period in UK (although you can if you wish).

As soon as you start exercising treaty rights (properly) your spouse has the right to reside, work (even study) in UK.

You may be hampered by the COA you have been granted due to lack of initial evidence.
You should get a RC in the end.
If not collate & provide unimpeachable documentary supporting evidence & apply again.

Don't forget a RC is optional (although it is understood that hubby may have trouble convincing employers of right to work if he doesn't have one).
At end of the day it is a purely confirmatory document - it doesn't grant any rights.

Have a look at HO guidance to help you get into mind of caseworker assessing your case:
https://www.gov.uk/government/uploads/s ... _clean.pdf

[songlili]

Thanks for your reply and your encouragement, noajthan. It's my general understanding that we would eventually get his RC. The thing is RC can take many months and, what we have at the moment is a CoA that says he can't work here... the company he works for has a large HR dept and a bunch of lawyers... I suppose his losing his job or not will depend on them being knowledgeable about the EEA family member route.

I just read this in the link you posted...
They could also qualify as self-sufficient based on the income of their family member if this
money is available to them. For example, their non-EEA spouse may have permission to
work in the UK under the Immigration Rules and be providing financial support to the EEA
national from their income alone.
But I've also read of people being rejected because they didn't have their own money. Should they take into account the salary he earned in the UK working with his Family Permit or is there any chance those funds are considered illegal (given that he's been served a CoA saying he's not allowed to work)... maybe I'm thinking too much!

[noajthan]

Thanks for your reply and your encouragement, noajthan. It's my general understanding that we would eventually get his RC. The thing is RC can take many months and, what we have at the moment is a CoA that says he can't work here... the company he works for has a large HR dept and a bunch of lawyers... I suppose his losing his job or not will depend on them being knowledgeable about the EEA family member route.

...

But I've also read of people being rejected because they didn't have their own money. Should they take into account the salary he earned in the UK working with his Family Permit or is there any chance those funds are considered illegal (given that he's been served a CoA saying he's not allowed to work)... maybe I'm thinking too much!

Not sure what your plans were but if you have no real source of funds or income for self-sufficiency it can't be that you planned to rely on being self-sufficient.
Your best bet is probably to become a qualified person by working or self-employment (asap).

Despite a bunch of lawyers companies may be wary as they are forced to operate as proxy-immigration officials.
See https://www.freemovement.org.uk/sponsor ... dismissal/