John2 wrote:I was married to Dutch national for 7 years, we in the process of divorce, we both excercised treaty rights. I obtained a 5yrs RC which expired on 29th Nov 2011. i submitted my application via a solicitor on 10th Nove with all the necessary documents except with a decree nisi, awaiting obsolute after 15th Dec. HO sent me a letter on 29th nov, which they have told me on the phone, not yet recieved the letter, which i understand invalidate my application. i am assuming due to not providing the decree absolute.
my employer told me on friday that they had enquired and recieved a letter from employment help line stating that i am not entitled to work, hence they have terminated my contract, henceforth. my employer have insisted they will go by this letter.
I have rang HO (call centre) who have said I am entitled to work, but they cannot send me a COA.
I got a mortagage and a 3 months old/wife off work, all needing support.
Just wondering whether anyone can advice on the way forward or know a good solicitor that can assist?
Should i be considering a judicial review on the employment line decision?
You should ask for a copy of the letter that your employer has received.
Note that the only person whose work counts for "exercising treaty rights" is the EU citizen.
You say you submitted your application through a solicitor. What does he/she say? Why are you looking for a new solicitor?
Note that your 5 years of continuous residence would have started before the issue date of the residence Card. It was likely 6 to 9 months before then, and often on the date you arrived in the UK (assuming your EU spouse started working in the first three months).
Your divorce should not generally be relevant since it is not over. When did you start divorce proceedings?
