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Certificate of Application right to work

Posted: Sat Jan 23, 2010 1:48 pm
by doctorjungle
I have made an application for Permanent residency using the retention of rights grounds following my divorce from an EEA with whom I married in April 2004. We divorced last year
I was issued a Certificate of Application in May 2009 which did not state that I was allow to work. So my employer contacted the Border Agency Employyer checking office in Sheffield and they have said that I am not allowed to work
So I am at a loss to understand their reasons given that they have not made any decision on my case yet even though I have snet them everything relating to my case. My solicitor think I have the right to work, I spoke to a barrister who thinks the same but I wonder what are other take on this.

Surely if I have to show that I am a worker or having been a worker as requirement for my application, I should be able to continue working

Posted: Sun Jan 24, 2010 8:56 am
by Ben
Please state your timelines.

You were married in April 2004. Divorced in which month in 2009? When did you and your spouse move to the UK? Duration and type of Treaty rights being exercised by your spouse?

Posted: Sun Jan 24, 2010 2:25 pm
by doctorjungle
@Benifa,
The divorce was completed in July 2009.
My ex had been living in the UK since 2002, I re-entered the UK as her spouse in December 2004 and was subsequently issued a permit valid till the end of her residence permit in March 2009
She had been exercising treated right as a worker and when my residence permit was issued in March 2005, I had abpplied on the basis that I was the spouse of a self sufficient EEA national. This was become she was in casual work while I had a permanent work
The marriage lasted till the summer of 2008
Hope that is helpful!

Posted: Sun Jan 24, 2010 2:49 pm
by Ben
Hi doctorjungle.

You acquired Permanent Residence status in December 2009, even though you are divorced since July 2009. I fail to see why the UKBA seem to think otherwise.