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Code 1a Stamp - right to work confirmation

Posted: Sat Oct 12, 2013 9:06 pm
by resident001
As I mentioned in my previous thread, the EEA 2 application for my unmarried partner was refused. We did send a letter of reconsideration, however as my partner is working we needed a confirmation of the right to work. We drove to Calais today and had no issues with French immigration, even so my partner had no Schengen Visa, just an expired Family Permit. On the way back we requested for a Code 1A stamp, and it was issued to my partner after the immigration officer evaluated our documents, and after some discussion.

So I was wondering if there are some documents, we can show to my partners employer, which confirm that a Code 1 A stamp allows employment, or if the employer needs to use the employer check service offered by UKBA?

I checked the comprehensive guide for employers, and the stamp my partner has is pretty much the same as the one on page 40. It reads " Leave to enter the United Kingdom is hereby granted until April 12th 2014" then a serial number in three boxes and another stamp with the date and Calais as port.

Is this enough to show to the employer?

Thank you for your help.

Posted: Sat Oct 12, 2013 9:13 pm
by Jambo
Yes. Point him to page 40. If he wants to call the Employer helpline make sure he asks about the stamp only. Don't mention the refused application as it might confuse the HO staff and result in the negative.

Posted: Sat Oct 12, 2013 9:33 pm
by EUsmileWEallsmile
This thread may interest you.

http://www.immigrationboards.com/viewtopic.php?t=148243

Get whatever the "helpful" helpline says in writing.

If you have the right to work, you have it, irrespective of whatever documentation you possess.

Posted: Sun Oct 13, 2013 9:50 pm
by resident001
Jambo wrote:Yes. Point him to page 40. If he wants to call the Employer helpline make sure he asks about the stamp only. Don't mention the refused application as it might confuse the HO staff and result in the negative.
Thank you for the confirmation. I will post updates on the results early next week.

Posted: Wed Oct 16, 2013 10:12 am
by resident001
resident001 wrote:
Jambo wrote:Yes. Point him to page 40. If he wants to call the Employer helpline make sure he asks about the stamp only. Don't mention the refused application as it might confuse the HO staff and result in the negative.
Thank you for the confirmation. I will post updates on the results early next week.
Just an update. My partner has been put on suspension, as they do not accept the Code 1a Stamp as a prove of her work rights.
They are asking for a UKBA Grant or status letter or a letter from a solicitor. Does someone know if UKBA issues those? Is there a physical office near London where we could go?

Posted: Wed Oct 16, 2013 11:00 am
by Jambo
They can try the Employer helpline or if they got a solicitor they work with, she can contact him to verify her status.

Alternatively, she can contact a solicitor (I can't recommend someone) and get him/her to write a letter to the employer confirming her right to work.

Posted: Wed Oct 16, 2013 9:06 pm
by EUsmileWEallsmile
From your previous post, is it still correct that your application was declined? If so, it is not likely that employer helpline will be helpful.

The non-EU national family member can work provided they are a direct family member and that that the EU national is exercising treaty rights. Any means of proof of these facts, should be in principle accepted.

Posted: Fri Oct 18, 2013 9:32 pm
by resident001
EUsmileWEallsmile wrote:From your previous post, is it still correct that your application was declined? If so, it is not likely that employer helpline will be helpful.

The non-EU national family member can work provided they are a direct family member and that that the EU national is exercising treaty rights. Any means of proof of these facts, should be in principle accepted.
Thank you all. The suspension has been lifted. My partner's employer got confirmation of her right to work from UKBA.

Posted: Sat Oct 19, 2013 9:25 am
by EUsmileWEallsmile
Great.