2 CoA, what can I do? 1, I think with no right to work

[bluecole2]

Hi guys

I was excited to get a letter from ukba today because ive been expecting CoA for a while but was left confused after opening the letter.

There are 2 CoAs in the envelope, the first is mine and the order belongs to a fellow Nigerian called Mr D O Badejo, perhaps he uses this forum I can post it to you.

The problem is both letters are page(s) 1 of 2 and mine seems to be incomplete. I am very worried and disappointed because I really want to get this CoA and get on with my life- it's been a long long journey.

I have typed out the letter below word for word. Please advice on what I can do to get a proper CoA with right to work. I'm going to e-mail MP how can I explain EEA law that ukba is oblidge to issue me CoA with a right to work? Thank in advance!

LETTER 1 (MINE)- Dated- 13 July 2011
CERTIFICATE OF APPLICATION
Thanks your for your application of 22 June 2011 for a Resisdence Card.

We will make a decision on the application as soon as we can and, in any event, within the next 6 months.

Please do not telephone or make enquiries about the progress of the application before you hear from us unless a passport or other document is needed urgently, as this diverts resourses from making decisions. If you need to contact us by telephone please use the number on this letter.

We advise you not to make any non-urgent travel plans until we have decided your application and returned your passport.

Yours sincerely,

KP

Data Proc TM Liverpool 1
General Group Managed Migration Directorate



LETTER 2- Dated- 13 July 2011
CERTIFICATE OF APPLICATION
Thanks your for your application of 22 June 2011 for a Resisdence Card.

We will make a decision on the application as soon as we can and, in any event, within the next 6 months.

Please do not telephone or make enquiries about the progress of the application before you hear from us unless a passport or other document is needed urgently, as this diverts resourses from making decisions. If you need to contact us by telephone please use the number on this letter.

We advise you not to make any non-urgent travel plans until we have decided your application and returned your passport(s).

You are permitted to accept offers of employment in the United Kingdom, or to continue in employment in the United Kingdom, whilst the applicatio is under consideration. Anemployer may ask to see this document as evidence of eligibility to work, and you should therefore keep it in a safe place until the application has been decided.

Note for employers

This document may form part of a statutory defence against liabilty to pay a civil penalty under section 15 of the Immigration, Asylum and Nationality ACt 2006 for employing an illegal migrant worker. However it should only be accepted for this purpose if presented within 6 months of the date of issueand provided you can demonstrate that the document has been verified by the UK Border Agency Employment Checking Service.

The holder must present the original document. You should request verification of the document by calling the Employent Checking Service on 0300 123 4699 and retain a copy of it in your records. Further information about the Employer Checking Service and the responsibilities of employers can be found at http://www.homeoffice.gov.uk/employers/

We expect to decide applications for a Residence Card or Permanent Residence Card withing 6 months from the date of application. After this date the employee should be asked to present his or her Residence Card or Permanent Residence Card as evidence of continuing eligibility to take or continue in employment in the United Kingdom.

[Qman]

Hi, I've not read your other posts so maybe you explained your situation in more detail, but from what I know the UKBA are only obliged to provide a COA with the right to work for married couples or those in civil partnerships. So if this covers you then your MP should be able to help. If you are applying as unmarried, then it's less straightforward and it's at their discretion.

The EU directive (not sure which part) states that COAs must be issued "immediately".... now depending on if you work in the civil service, immediately can have several meanings, none of which mean very fast. From the comments on here, most COAs have been taking 3-4 weeks to be issued, anything outside those time frames and you probably have a good case.

[bluecole2]

Qman thanks for your response

To answer your question, I am married and my wife exercise treaty write as a full time worker.

[Jambo]

I would call the HO for two reasons:

1) To tell them that you got someone else CoA so they can issue one for him (he might be waiting for it to start a job).
2) To ask why they didn't confirm your right to work in the UK as you are allowed to being married to EU national exercising treaty rights.

Seems to be just a big mix up made by HO.