Letter received from Home Office

runie80 · Post by **runie80** » Sun Jan 06, 2008 7:27 pm

Hi Everyone,

I have just received the following letter from home office.

Just posting it here (after editing my details)

is there any thing I should be worried about ?

Or is this the standard letter that goes out to everyone ?

Much appreciate your comments.

They say in letter "don't call or email us " is that normal ?

or have they changed the procedures.

archigabe · Post by **archigabe** » Sun Jan 06, 2008 7:34 pm

looks more like an acknowledgement of your application and confirms you can start working without any other authorisation.congratulations!

runie80 · Post by **runie80** » Sun Jan 06, 2008 7:41 pm

Thanks Archigabe

Yes i thought so as well but the other legal jargon on the pages was not making much sense to me .

Congratulations to you for standing firm in IRE in the face of DOJ

full credit to you for not backing down.

we had to take the UK option as we cannot waste 3 years of our lives there waiting for something which is very simple and basic to understand.

But u deserve full credit.

eufreemovement · Post by **eufreemovement** » Sun Jan 06, 2008 9:52 pm

runie80 wrote:Thanks Archigabe

Yes i thought so as well but the other legal jargon on the pages was not making much sense to me .

Congratulations to you for standing firm in IRE in the face of DOJ

full credit to you for not backing down.

we had to take the UK option as we cannot waste 3 years of our lives there waiting for something which is very simple and basic to understand.

But u deserve full credit.

Like Ireland in Archigabe, there will be a change in UK for the 'Prior Residence issue that believed to be incompatible with directive 2004/38 of the UK (8 and 12) Regulation 2006'. Hoping to expect soon.

yankeegirl · Post by **yankeegirl** » Sun Jan 06, 2008 11:33 pm

No need to worry Runie. That's the standard acknowledgment letter. The only difference in the letter I got was that it didn't have the section about third country nationals. They probably add/subtract that based on the nationality of the applicant.

runie80 · Post by **runie80** » Mon Jan 07, 2008 9:23 am

Thanks folks for explanation.

My wife received the same letter too

she is an EU national Polish

I think they have amended the standard letter.

yankeegirl · Post by **yankeegirl** » Mon Jan 07, 2008 11:13 am

I think they have amended the standard letter.

That could very well be! I got mine back in September.

bamarek · Post by **bamarek** » Sat Jan 12, 2008 12:25 am

What??? I called Home office 10 times and they all said my Australian partner has a right to work while our EEA2 application will be dealt with. From what you posted (big thanks for the scan) it seems it is impossible.

Can anyone explain it please....?

Also, is there any initial check done by HO before granting the certificate of application to make sure the proof of living together for 2 years is provided???

Thanks!

eufreemovement · Post by **eufreemovement** » Sat Jan 12, 2008 10:09 pm

bamarek wrote:What??? I called Home office 10 times and they all said my Australian partner has a right to work while our EEA2 application will be dealt with. From what you posted (big thanks for the scan) it seems it is impossible.

Can anyone explain it please....?

Also, is there any initial check done by HO before granting the certificate of application to make sure the proof of living together for 2 years is provided???

Thanks!

Hi Bamarek

If you applied based on article 3(2) of directive 2004/38 for your partner, then the home office asked your partner not to work until they decided your partner application.

The above posted HO documents says that : "European legislation allows member states to determine the terms of residence for such persons ....accordance .......their domestic legislation"

Remember, Although the treaty leaves member states free to choose the ways and means of ensuring that the directive is implemented , that freedom does not affect the obligation , imposed on all the member states to which the directive is addressed , to adopt , within the framework of their national legal systems , all the measures necessary to ensure that the directive is fully effective , in accordance with the objective which it pursues.

There are few judgements reported by Tribunal which support the UK implementation. But I believe that few cases may be pending before the Higher Court for these issues. Hope it may sort it.

bamarek · Post by **bamarek** » Sun Jan 13, 2008 1:54 pm

Thanks for that. I understand that the UK does not have any obligation to implement the EU rules in accordance to the way how an evidence of a "durable relationship" is accepted but freedom to work while the application is being dealt with is a bit different matter.

Surely there should be some consistency in what HO tell you. And as I said they told me a few times that my partner will be able to work straight after we lodge the EEA2 application for unmarried partner. The letter posted at the beginning of this topic says otherwise. It is a big punch in the face for us as we made all our plans to apply for the visa in next 2 weeks so that she is able to work straight away.

Does anyone know what to do to ensure a person applying for unmarried partner visa can work while the application is being processed???

runie80 · Post by **runie80** » Sun Jan 13, 2008 2:01 pm

the first page of the letter is not being displayed for some reason.

Let me know if anyone wants it I will rehost it

I think they have changed the letter as Yankeegirl mentioned that the letter she received was different.

I am married and i applied on the basis of my marriage.So i believe i can work.I also asked them for confirmation of this and they confirmed to me over the phone that i can work.

*Sorry if i have brought a bad news to anyone by posting this here as you can understand that was clearly not my intention

bamarek · Post by **bamarek** » Sun Jan 13, 2008 3:16 pm

Runie, don't feel sorry. It is actually great that you posted this letter. It may open people's eyes and make them realise that what HO tells you over the phone is often cr@p. I would still want to know where I'm standing though...

eufreemovement · Post by **eufreemovement** » Sun Jan 13, 2008 7:05 pm

bamarek wrote:Thanks for that. I understand that the UK does not have any obligation to implement the EU rules in accordance to the way how an evidence of a "durable relationship" --

You may understand wrongly my comments. UK does have an obligation for that article 3(2). The discretion should be based on EU general principles not like UK stingent rules.

bamarek · Post by **bamarek** » Sun Jan 13, 2008 8:47 pm

You're right but HO tries to show you that they have a right to define this rule as they want and I would have to take British government to the EU Tribunal to question the rule of 2 years of cohabitation.

Do you know what EU regulation says about the right to work once you lodge the application?

eufreemovement · Post by **eufreemovement** » Mon Jan 14, 2008 4:06 pm

bamarek wrote:You're right but HO tries to show you that they have a right to define this rule as they want and I would have to take British government to the EU Tribunal to question the rule of 2 years of cohabitation.

Do you know what EU regulation says about the right to work once you lodge the application?

If you think that your right to move and reside freely has been violated, you should seek redress before the competent national courts or administrative bodies.

If you feel that the tribunal misinterpret the community law, you can ask them to refer it to ECJ.

If your problem was caused by the misapplication of Community law by national public authorities, you can use the SOLVIT system, an on-line problem solving network in which Member States work together to solve problems without legal proceedings.

You can lodge a complaint with the European Commission at http://ec.europa.eu/community_law/complaints/form.

If you want to lodge a petition with the European Parliament, please go to

http://www.europarl.europa.eu/parliamen ... anguage=EN

VictoriaS · Post by **VictoriaS** » Tue Jan 15, 2008 1:10 am

Bamarek, I am confused. This letter shows there is a right to work. IS your letter different?

Victoria

thirdwave · Post by **thirdwave** » Tue Jan 15, 2008 1:16 am

VictoriaS wrote:Bamarek, I am confused. This letter shows there is a right to work. IS your letter different?

Victoria

Burning the midnight oil,eh?

eufreemovement · Post by **eufreemovement** » Tue Jan 15, 2008 11:09 am

VictoriaS wrote:Bamarek, I am confused. This letter shows there is a right to work. IS your letter different?

Victoria

Hi Victoria

Please see the HO letter wording regarding article 3(2) of directive 2004/38, which is posted on the above.

Extended Family members (including unmarried partners) of EEA Nationals........to determine the terms of residence for such persons in accordance with their own domestic legislation. As a result, until the Home Office has determined that you qualify as an extended family member by issuing you a Residence Document, you will not be able to work on the basis of your relationship to your EEA National sponsor.......

runie80 · Post by **runie80** » Tue Jan 15, 2008 2:20 pm

Yes it clearly mentions a different set of rules for NON married

EEA + NON EEA couple

bamarek · Post by **bamarek** » Tue Jan 15, 2008 2:56 pm

VictoriaS wrote:Bamarek, I am confused. This letter shows there is a right to work. IS your letter different?

Victoria

Victoria, I am confused too. Just few minutes ago I called HO and again a person on the other side confirmed a non-EEA partner of EEA citizen has a right to work while the application is being processed.

So why did this letter say No?

VictoriaS · Post by **VictoriaS** » Wed Jan 16, 2008 7:29 pm

Hmmm. Interesting. It looks as though they are now specifically saying that a UP isn;t a family member until they say so. I haven't seen this letter before, and I have had conflicting advise too.

Victoria

eufreemovement · Post by **eufreemovement** » Thu Jan 17, 2008 12:21 pm

Victoria, I am confused too. Just few minutes ago I called HO and again a person on the other side confirmed a non-EEA partner of EEA citizen has a right to work while the application is being processed.

So why did this letter say No?

Hi bamarek

Do not confused yourself. Make yourself strong to attain your rights. In my view, the stingent rules which UK apply for the UP is not at all compatible with EU general principles.

The court of justice clearly mentioned that the free movement of workers cannot be interpreted restrictively in many times. See Diatta para 17

http://eur-lex.europa.eu/smartapi/cgi/s ... 61983J0267

Further that was codified even in the recent ECJ judgement C-291/05 EIND.

You can rely directly on the EU provision namely the directive 2004/38/EC in the wording and purpose of the directive.

Read these judgement to make yourself strong. Possibility For Individuals To Rely On The Corresponding Provisions - Breach Of The Obligation - Case C-194/94.

Further in Diatta, under para 11 .......to protect migrant workers and to guarantee their mobility by enabling them to maintain their family ties.....families where that right is not derived from the fact that they live together . as for..... , that provision establishes not a right of residence but solely a right to work'

Happy Peep · Post by **Happy Peep** » Thu Jan 17, 2008 6:00 pm

good luck runie80 just sent my application today and i wish you the best of luck.

Hi bamarek i can only offer hope and ask you to pray as there is nothing stronger than prayer and positive thoughts for a positive outcome.. good luck too

happy

runie80 · Post by **runie80** » Fri Jan 18, 2008 10:46 am

Thanks "Happy Peep"

Good luck to you too.

We applied in December and so far no news from them apart from this letter which i posted.

Lets see what happens.

lailalaila22 · Post by **lailalaila22** » Fri Mar 07, 2008 3:21 pm

I guess every one who is married to an eea national gets this lettter as a conformation that they recieve ur application and that you can work while they make a decision.

My friend got it as well.

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Letter received from Home Office

Letter received from Home Office

Good luck