COA - no right to work for for unmarried partner

[Stepha]

Hello, I'm looking to get advice on our situation right now. My unmarried partner is a Filipino citizen and he received his eea family permit as an extended family member in July 2019 and came to Scotland in August 2019. His visa expires in January so we applied to a residence card in the beginning of this month. A little over a week later he gets a letter for his biometrics as well as a certificate of application which stated that they are unable to confirm his right to work because he has not provided the original documents of all of the following:
the applicant is an unmarried partner of an EU citizen who is exercising European free movement rights in the United Kingdom.
these circumstances there is no automatic right or entitlement to live in the United Kingdom with an EU citizen sponsor. the home secretary must consider whether all the circumstances of the case, it would be right to issue a residence card on this basis.

On a q&a paper it also says we did not provide sufficient evidence of our relationship. But we have no idea what other original documents they need for evidence.

Now we are worried because it doesn't sound good and it would mean that he has to stop working after his visa expires and just wait for the result.

We have been in a relationship for almost 9 years now and 8 of those years are long distance. The requirements clearly stated that we need to provide evidence of living together for 2 years BUT if we have not lived together for 2 years we have to explain on a separate paper why this is the case and provide any other relevant documents. We both provided explanation, it's because I was studying but now working (a qualified person) in the uk and he stayed in the Philippines. Since he has arrived though, we have been living together and even have a flat in both our names, which we provided evidence for among other things to prove our 9 year relationship.

What I don't understand is that regulations state that extended family members have THE SAME RIGHTS as directed family members which means he has the right to work as direct family members do so long as the eea permit is valid. He also has a valid eea family permit in his passport which should prove that we are in a durable relationship.

I read in a forum from 2015 with the same situation and she was advised to send an email to NWEUROCOAREQUESTS@HOMEOFFICE.GSI.GOVE.UK, and she got a another COA and received the right to work. The COA states that they will not revisit the COA during consideration of the case but I can't help but think that the case worker made a mistake. Is it still worth emailing?

Thanks so much and sorry for the long post.

[kamoe]

A little over a week later he gets a letter for his biometrics as well as a certificate of application which stated that they are unable to confirm his right to work because he has not provided the original documents of all of the following:
the applicant is an unmarried partner of an EU citizen who is exercising European free movement rights in the United Kingdom.
these circumstances there is no automatic right or entitlement to live in the United Kingdom with an EU citizen sponsor. the home secretary must consider whether all the circumstances of the case, it would be right to issue a residence card on this basis.

The above does not list any missing documents. It only explains that unmarried partners do not have automatic rights, which is true. Did you intend to write or paste anything additional on your post, or is this exactly how the letter is worded?

On a q&a paper it also says we did not provide sufficient evidence of our relationship. But we have no idea what other original documents they need for evidence.

Is this a letter written and addressed directly to you, specifically saying the reason they cannot confirm right to work at the moment, or is this a separate piece of paper that could be interpreted as a standard notice?

The first thing to do is to establish if the Home Office is indeed telling you personally that you did not supply documents, or if you are misinterpreting a standard piece of communication that is sent to everybody.

[secret.simon]

The short COA (without the right to work) is inline with Home Office guidance to the EEA Route caseworkers.

(Page 32)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.

Even if your partner was issued an EEA Family permit, the relationship of an EFM to the EEA citizen will be re-assessed anew when s/he makes the Residence Card and any subsequent EEA route application.

(3) A person (“B”) who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card must be treated as a family member of A, provided—
(a)B continues to satisfy the conditions in regulation 8(2), (3), (4) or (5); and
(b)the EEA family permit, registration certificate or residence card remains in force.

(Regulation 8 )
(5) The condition in this paragraph is that the person is the partner (other than a civil partner) of, and in a durable relationship with, an EEA national, and is able to prove this to the decision maker.