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Application for Permanent Residence

Posted: Thu Dec 11, 2014 4:02 pm
by Linor2007
We (my wife as I am a British Citizen) successfully submitted our application for permanent residence (she was originally here on an EEA family member, now divorced and remarried to me), her application shows that treaty rights were being exercised during the duration of the marriage and we pushed the solicitor to ensure that they produced a good quality cover letter providing all the relevant information relating to the application.

We have received correspondence from the solicitor today, which enclosed a letter from the Home Office which was entitled 'Certificate of Application' (our solicitor sent this to us with a cover letter saying please find attached correspondence received and no detailed explanation of what the content of the letter means).

Within the letter it states '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; current valid identity documents for yourself/your sponsor.

My wife is concerned that this potentially means that she is not allowed to work within the UK until a decision has been made (although the letter does not say that).

In your experience is a 'certificate of application' normal procedure? does the statement regarding the right to work likely to create an issue?

I would really appreciate any advice that you can provide me with in relation to this?

Re: Application for Permanent Residence

Posted: Wed Jan 21, 2015 5:35 pm
by herald2839
CoA is normal procedure.

It normally confirms right to work etc pending decision (required to do so under EU law) but they used your failure to supply appropriate documentation as a pretense to question this (hence the wording). I'm afraid your solicitor seems pretty useless if he did not know that you needed to submit original IDs. You should send them the original documents and you will receive a standard CoA if your application has still not been decided.
Linor2007 wrote:We (my wife as I am a British Citizen) successfully submitted our application for permanent residence (she was originally here on an EEA family member, now divorced and remarried to me), her application shows that treaty rights were being exercised during the duration of the marriage and we pushed the solicitor to ensure that they produced a good quality cover letter providing all the relevant information relating to the application.

We have received correspondence from the solicitor today, which enclosed a letter from the Home Office which was entitled 'Certificate of Application' (our solicitor sent this to us with a cover letter saying please find attached correspondence received and no detailed explanation of what the content of the letter means).

Within the letter it states '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; current valid identity documents for yourself/your sponsor.

My wife is concerned that this potentially means that she is not allowed to work within the UK until a decision has been made (although the letter does not say that).

In your experience is a 'certificate of application' normal procedure? does the statement regarding the right to work likely to create an issue?

I would really appreciate any advice that you can provide me with in relation to this?

Re: Application for Permanent Residence

Posted: Sun Mar 15, 2015 9:20 pm
by Linor2007
Hi there. Just to give you an update of my PR application. I applied for PR on November 2014 and received COA on the 8th of December with letter saying that they can't confirm my right to work because I only sent a copy of my ex-EEA husband's passport.
I got a call from my solicitor last week saying that my application for PR is successful. I sent loads of documents and some only copies of the original. HO didn't even ask for further documents. Thank you especially to Obie and Vinny for being so helpful and answering my husband, Linor2007 queries. We're planning now to apply for my naturalisation.

Re: Application for Permanent Residence

Posted: Wed Mar 18, 2015 4:13 pm
by Linor2007
Hi Obie and Vinny. I wonder if you can help me with my query.You would have known already my story with your conversation in this board with my hubby.
As far as I can understand, I am now able to apply for naturalisation now that I am granted PR through retention of rights following Divorced with EEA national and I don't need to wait for a year to apply for it. Can you please confirm if this true based on your great knowledge regarding immigration. Your reply will be very much appreciated. Many thanks.