Immigrationboards.com

Good afternoon and thank you very much to everyone in advance for any advice they can offer!

My post is divided into two parts:

i) Query regarding the Certificate of Application (CoA) and whether what we received today by post is a CoA or some sort of acknowledgement letter, preceding the CoA (or not); and
ii) Query regarding my EEA National partner's employment situation changing post-application submission.

I am an Australian National.
My partner is an EEA National (French).
I received an EEA Family Permit mid-2014, on the basis of being in an unmarried, durable relationship (we have been living together since May 2012).

The EEA Family Permit expires on 9 December 2014 (for those interested: we would have applied earlier however I had to visit Australia intermittently until mid-October so needed my passport).

i)
We applied for my EEA Residence Card on Thursday 27 November 2014.
Today (Friday 5 December: 8 days later), I received a letter acknowledging receipt of my application.

I am still unsure whether this is the same thing as a "Certificate of Application" (it is not titled, "Certificate of Application"), given it does not stipulate whether I do/not have the right to continue to work or not. It merely states that my application has been received and about the service standards of completion, etc.
I am aware of my rights to continue working as an unmarried partner, given I am resident here at present with an EEA Family Permit. However employers that I have had interviews with seem to require this 'right to continue working whilst RC application is pending' clarification in this Certificate (given I thought it would be clarified in the CoA and advised them as such).
Is anyone able to please advise whether this letter is an earlier acknowledgement letter sent at the time that they process the payment (for example), or whether it is in fact the CoA and they have just failed to clarify my right to continue working whilst my RC app is pending??
(The reason why I am unfortunately thinking that they might be two separate documents that applicants get sent, is because of the research I have done thus far via forums like these).

ii)
We relocated to the UK specifically for an offer of employment for my partner.
Unfortunately yesterday - Thursday 4 December - my partner was advised by his employer that he will not be employed beyond the probation period (almost six months) and that he was to finish working yesterday also.
My EEA RC application sent by post last week, was based partly on the fact that my partner was exercising his Treaty Rights as an employed individual.
Given he is currently no longer employed: what should I/we do?
Do we need to write immediately to the Home Office advising them that this is the case?
Given that this only happened yesterday, what window to move do we have?
He has a good amount of savings so could remain self-sufficient, however, for the sake of my EEA RC application, might it be more straight-forward to advise that he has gone from being employed to involuntarily unemployed but someone who has just started seeking work?
If so, should he register as unemployed with a JobCentre though he does not need to receive the benefits? Will this reflect poorly on him in any way in future?
Or could he just register with an employment agency, for example, and send this letter through as partial evidence reflecting the change in how he is presently exercising his Treaty Rights?

We are thinking of potentially seeking legal advice regarding this second question if we are unable to receive the clarity we require through our own research.

Thank you so much in advance for taking the time to reply.
This forum has been a blessing to us thus far... Thanks again

To anyone that has read or will read this post:

I have since spoken with the European Contact Centre at the Home Office (0300-123-2253) and found out that as soon as I am registered in their system I can notify them of the change (initially via telephone) in my partner's working circumstances followed by any supporting paperwork (e.g. JobCentre registration, employment agencies registration, job applications, etc.).

I will phone them every day or so to check whether my application has been uploaded into the system in order to notify them as soon as possible of the change in our material circumstances in order that, were they to start enquiring into the details of our application, the application would not be rendered false given the Home Office has been advised of the change.

Secondly, and regarding my pending CoA (Certificate of Application (which for those reading this who are unaware, is different to the acknowledgement letter received soon after applying)): I should receive a CoA that advises me of my right to work, given I entered the UK on an EEA Family Permit.

I hope that this helps someone one day in the ether.

Best and good luck,

Hi there,

I am responding (again) to my own original post here in case this helps anyone in a similar situation...

I arrived in the UK on my EEA Family Permit with my (unmarried) partner in June 2014.
I applied for an EEA2 Residence Card on 27th November and received my CoA (Certificate of Application) with the right to work on 16th December (dated 12th December) 2014.

If one applies for an EEA2 Residence Card whilst on an EEA Family Permit, then the Certificate of Application issued to you will stipulate the right to work (or continue to work whilst your application is being considered) also, as long as you have supplied all of the requisite documentation verifying the basis of your relationship and how your EEA National partner is exercising their Treaty Rights

Best wishes to everybody else!

Hi! just a question for you,
you say: "If one applies for an EEA2 Residence Card whilst on an EEA Family Permit, then the Certificate of Application issued to you will stipulate the right to work "

Do they mean that applying to an EEA2 residence card in any other case, the certificate of application will not state your right to work?

Thanks!

I don't think so. My spouse applied on form EEA2 and she didn't have a family permit. Received CoA with the same stipulation.

manu_uk wrote:Hi! just a question for you,
you say: "If one applies for an EEA2 Residence Card whilst on an EEA Family Permit, then the Certificate of Application issued to you will stipulate the right to work "

Do they mean that applying to an EEA2 residence card in any other case, the certificate of application will not state your right to work?

Thanks!

wingsatmyfeet, it's a pity no one answered your questions despite the unusually clear language and fairly clear-cut issue...

Just out of curiosity, how did the EEA2 application turn out and how are you approaching the issue of your partner having lost her status as a qualified person (worker)? It would seem to me that if you are planning to stay in the UK, depending on your opportunity set, your partner should take steps to become either a job-seeker, self-employed or self-sufficient until she finds a new job.

wingsatmyfeet wrote:To anyone that has read or will read this post:

I have since spoken with the European Contact Centre at the Home Office (0300-123-2253) and found out that as soon as I am registered in their system I can notify them of the change (initially via telephone) in my partner's working circumstances followed by any supporting paperwork (e.g. JobCentre registration, employment agencies registration, job applications, etc.).

I will phone them every day or so to check whether my application has been uploaded into the system in order to notify them as soon as possible of the change in our material circumstances in order that, were they to start enquiring into the details of our application, the application would not be rendered false given the Home Office has been advised of the change.

Secondly, and regarding my pending CoA (Certificate of Application (which for those reading this who are unaware, is different to the acknowledgement letter received soon after applying)): I should receive a CoA that advises me of my right to work, given I entered the UK on an EEA Family Permit.

I hope that this helps someone one day in the ether.

Best and good luck,

Hi herald2839 and apologies for my delayed reply!

I haven't checked this forum in ages...

In answers to your question: the EEA2 Residence Card application is still pending (though it has been just over three months so far).

My partner has not lost their status as a “qualified” person given they have been exercising their Treaty Rights through their job-seeker status and resultant actions, which the Home Office has been notified and updated about in writing by us over the past couple of months.

My partner does not qualify for (nor need) the Job-Seeker’s Allowance due to a number of reasons.

He is self-sufficient (great savings in a non-UK bank account), however we are not moving down this route given we do not want to pay for private health insurance when we can apply via the job-seeker route readily.

Thank you so much for taking the time to respond to my query!

You may know from experience how much it can help applicants like myself in the process…

Warm regards,
wingsatmyfeet

Hello to all that find themselves at this thread!

I am going to write a separate post to this given it warrants a different topic I feel, however I am very happy to report that I received my Residence Card on Thursday (19 March) in the post (returned in the self-paid, sign-upon-delivery envelope I included with my application, along with all of the supporting documents also)!!!!

WE FEEL AS THOUGH WE HAVE WON THE LOTTERY!!!

This is seriously the best feeling ever...

Anyway, as mentioned I will post a separate thread about my timeline within the EEA Route thread also.

I send all of you my best wishes with this and similar processes!
wingsatmyfeet

Hi ,

I am also right now in the same situation , have applied for my family eea2 and lost job , can you please contact me soon , I need advice.

linzeydias wrote:Hi ,

I am also right now in the same situation , have applied for my family eea2 and lost job , can you please contact me soon , I need advice.

Please start your own topic with your circumstances rather than digging up a topic from 2014/15.