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I'm an unmarried partner of a European. We've recently settled in the UK. I entered with a FP that expires in March. We filed the paperwork for EEA QP + EEA 2 within two weeks of entry. I requested my passport back a few days after being charged as I will need to travel in the next month. Today, about a week or so after filing, I received my COA and biometric enrolment form. The COA states that:

"At this stage we are unable to confirm your right to work in the UK. This will depend on the outcome of your application. This is because you have not provide doriginal documentation for all of the folllowing: Extended family member"

No mention of anything that's missing and they state they will not change the terms of the COA over the 6 month decision period. However, on the next page, a Q&A page, it states that they are unable to confirm right to work if the applicant is an unmarried partner and unless you have a residence document certifying you are an extended family member you will not be able to work. Is the FP such a document? (I would assume yes)

I have just received a job offer and am scheduled to start next week. They accepted my FP no problem but I'm sure they will be asking for additional documentation as the expiration date approaches. Am I right to assume that I still have the right to work under the FP regardless of the COA? Does the FP count as a "residence document" certifying extended family status as mentioned above? Additionally my FP will expire about a month and a half before the six month deadline for the RC decision.

Does anyone have advice on how to handle this?

If you included evidence that the European national was a qualified person or has permanent right of residence, then the COA should confirm your rights to work.

I know...that's what I was expecting and I'm surprised and worried by this development. I'm confused about whether something was missing (I have no idea what) or if this is routine for extended family members/unmarried partners. The Q&A page included with my COA made it seem like if you're an EFM/UP then they can take the whole 6 months to decide if the relationship is valid - this is what is written in my letter:

We are unable to confirm eligibility to take or continue in employment in the UK where -

- The applicant is the unmarried partner or an extended family member of an EU citizen who is exercising European free movement rights in the UK

In these circumstanes there is no automatic right or entitlement to live in the UK with the EU citizen sponsor. The Home Secretary must consider whether, in all the circumstances of the case, it would be right to issue a Residence Card on this basis. 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. Any right to work in the meanwhile will depend on your having some alternative basis of stay in the UK which does not prohibit access to employment or self - employment.

- The applicant has not provided satisfactory evidence of his or her identity or of his or her relationship to an EU citizen. We will consider your application but may need to contact you for some additional or alternative evidence.

So, I'm hoping given that they already issued me a FP on the basis of our relationship that I retain the right to work. Any thoughts?

The same thing happened to me: applied for EEA2 with FP and received COA stating they can't confirm right to work.

From my understanding and what I've read, this seems to be standard when applying as unmarried partner, unfortunately.

And I might be wrong here, but my understanding is that you are in fact allowed to work while waiting for RC, even after FP expires, but it will just be hard to prove to employers that you do in fact have right to work.

Hope this helps.

canuckUK wrote:The same thing happened to me: applied for EEA2 with FP and received COA stating they can't confirm right to work.

From my understanding and what I've read, this seems to be standard when applying as unmarried partner, unfortunately.

No. The correct standard for applicants with a valid EEA Family permit and evidence of the EEA national exercising treaty rights is set in Regulation 7(3).

Basically when you hold Family Permit. you have right to work whilst that permit is valid.

https://www.whatdotheyknow.com/request/ ... _enterin_2

I printout the link above to confirm with employer that i have right to work.

My Family Permit will expire on 1 January 2016 therefore I will use COA WITH RIGHT TO WORK that valid 6 months from dated of COA to cover after my Family Permit expired until i receive residence card.

https://www.gov.uk/government/uploads/s ... _0.pdfPage 7
Rights of an extended family member
Extended family members do not have automatic rights to enter and reside in the UK. Under regulation 7(3) of the regulations, an extended family member has the same rights as a direct family member, providing they continue to satisfy the conditions of regulation 8 and they have been issued with:
 an EEA family permit
 a registration certificate, or
 a residence card.
The above documents must remain valid and not have been revoked.

https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Link above is Processes and Procedures for EEA documents

Certificates of application: timescales
Residence cards
In line with regulation 17(3) of the regulations, on receipt of an application for a residence card and the documents that that are required to accompany that application, a COA must be issued ‘immediately’.

Certificates of application: direct family members
Applications for a residence card
To be issued with a ‘long’ COA confirming a right to take employment while their application is under consideration, the applicant must have submitted:
 a valid passport
 a valid EEA identity (ID) card or EEA passport for the EEA national
 evidence of relationship to their EEA national (for example, marriage or birth
certificates) and either:
o evidence the EEA national has exercised free movement rights in the UK as a
jobseeker, worker, self-employed person, self-sufficient person or student o evidence the EEA national has permanent residence in the UK

If they have not submitted all of the evidence listed above, you must issue a ‘short’ COA, which does not confirm a right to take employment.

Anyone issued with a ‘short’ COA due to their failure to submit the required evidence cannot later be issued with a ‘long’ COA if they submit this evidence.

Certificates of application: extended family members
Extended family members, including durable partners, of EEA nationals do not enjoy an automatic right of residence in the UK until they have been issued with a document by the Home Office confirming such a right.

You must issue a ‘short’ COA to extended family members who have submitted an application for a residence card regardless of the level of evidence submitted with their application.

For further information on extended family members, see related links: Extended family members of EEA nationals.

Extended family member in this section does not have Family Permit.

When Extended family member has Family Permit and must has the same right with Direct family.

If you are very sure that you has submitted required documents. Then your caseworker made a mistake therefore you can request new COA WITH RIGHT TO WORK
e. You mast make sure that you send all required document and must be original not copy. Then you can send email to nweurocoarequests@homeoffice.gsi.gov.uk with all your details, name, DOB, passport number, case reference and request new COA with right to work and refer to the Home office process and procedure above that you have Family Permit and must treat you as Direct Family which entitles to have COA WITH RIGHT TO WORK.

Hope it help

Thanks so much everyone for your help!

I did send an email today. I can't imagine what was missing from my file so I'm hoping to at least have some answers. I'll post back when/if I get a response.

Update - just to help out others in the same situation:

I've received an updated COA with right to work.

I inititally emailed as advised in October describing the issue but did not receive a response. Two weeks ago (so 4 months after receiving my original problematic COA) I decided to send the same email one more time to the address NWEUROCOARequests@homeoffice.gsi.gov.uk
and this time I received two automated responses (copy and pasted below) neither of which gave me much hope of having an updated COA as it stated that a COA issued without the right to work would not be altered. However, two weeks later lo and behold I recieved a COA, this time with the right to work.

My advice to others in this situation is not to wait and email straight away...they DO issue revised COAs if a mistake has been made.

Email 1:
Thank you for you e-mail

Please note this in-box is only for applications made under the Immigration (European Economic Area) Regulations.

EEA residence card applications - Certificates of Application
If you are a non-EEA national and you have made an application for an EEA residence card on or after 6th April 2015, you are required to enrol your biometric information in order for your application to be accepted as valid. If your application is successful, you will be issued with a residence card in the biometric format.

When to expect your certificate of application
A certificate of application will be issued following receipt of a valid application for an EEA residence card. An application for a residence card is valid where:

- you have paid the appropriate fee for your application, and
- you have successfully enrolled your biometric information in relation to the application.
If eligible you will receive your certificate of application shortly after successful enrolment of your biometric information. If you enrolled your biometric information less than 21 days ago, please do not contact us regarding your certificate of application.

If you do not pay the appropriate fee, or do not enrol your biometric information, your application will not be considered valid and will be rejected.

For more information on applying for a residence card, please see link: https://www.gov.uk/apply-for-a-uk-residence-card


Email 2:


Thank you for you e-mail requesting a duplicate Certificate of Application (CoA).

Please note this in-box is only for applications made under the Immigration (European Economic Area) Regulations.

Duplicate CoAs will be issued where either;

• your CoA has expired and your application is still outstanding
or
• your application has been refused but you are pursuing an appeal against that refusal decision.

If appropriate a duplicate CoA will be issued with a refreshed date, but, if the original CoA did not state that you have a right to work, the replacement will take the same approach

Duplicate CoAs will be sent by post within 3 working days of the receipt of your e-mail and you will not receive a further electronic notification other than this acknowledgement.

E-mails and other general enquiries will not be responded. Further information can be found on the website: http://www.gov.uk/uk-visas-immigration or by telephoning the customer contact centre on 0300 123 2241

knm812 wrote:Update - just to help out others in the same situation:

I've received an updated COA with right to work.

1[/i]

Hello I saw your case and it is exactly like mine....

I am a non-EU (brazilian national) and unmarried partner with an EU citizen (german). I had a previous right to work in Ireland where we lived before for 6 years.
I applied on the 14/8/2015, and I received a letter with the certificate of application requesting the biometrics, and together a letter informing that I am no intitled to work. The letter I received is exactly like yours!!

Within 2 days it will be 6 months waiting for a reply, I didn't get the COA... do you think it is worth to request it??

As unmarried partner did you receive any feedback about your application?
Thank you!

lguimaraes wrote:

knm812 wrote:Update - just to help out others in the same situation:

I've received an updated COA with right to work.

1[/i]

Hello I saw your case and it is exactly like mine....

I am a non-EU (brazilian national) and unmarried partner with an EU citizen (german). I had a previous right to work in Ireland where we lived before for 6 years.
I applied on the 14/8/2015, and I received a letter with the certificate of application requesting the biometrics, and together a letter informing that I am no intitled to work. The letter I received is exactly like yours!!

Within 2 days it will be 6 months waiting for a reply, I didn't get the COA... do you think it is worth to request it??

As unmarried partner did you receive any feedback about your application?
Thank you!

replied via PM

As I received my RC, I'm updating my posts with my timeline just in case others search and encounter the same issues that I had.

My timeline:

Applied: October 15th
Payment deducted: October 22nd
Requested passport back for travel: October 29th
COA + biometric enrollment letter: without right to work October 26th
Biometric Enrollment: October 31st
**I appealed my COA decision via email in November as I arrived in the UK with a Family Permit which normally entitles one to work and had no response. I re-sent the same email in late March when my Family Permit was due to expire**
Updated COA with right to work: February 2nd 2016
RC issued: March 22nd
RC received: April 5th (first delivery attempt April 1st)