EEA4 application

[Paolo]

Hi, I am Brazilian and my wife is French. I had lived in the UK by having a 5 years residence card. We divorced about 3 threes year ago since when I retained my right to stay in this country as a divorced person. In the beginning of April my residence card expired and I submitted an EEA4 application for permanent residency. I have been working for past over 5 years, but my employer dismissed me in late April after I submitted my application because I did not get the UKBA's certificate of application on time which proves my right t work while my application is being considered. . My employer said that they could not see any evidence proving my right to work after my residence card expired and before I got the certificate of application.

I have been looking for a new job and applied for job seeker allowance. I was told that I am qualified for contribution based job seeker allowance because I had worked in the past years. Would my application to this benefit and entitlement to it impact my application which is being considered? It looks like I am going to start a new in two weeks time anyway.

I would appreciate if I could have your advices.
Thanks
Paolo

[EUsmileWEallsmile]

I have been working for past over 5 years, but my employer dismissed me in late April after I submitted my application because I did not get the UKBA's certificate of application on time which proves my right t work while my application is being considered. . My employer said that they could not see any evidence proving my right to work after my residence card expired and before I got the certificate of application.

Seek legal advice, you may have a case against your employer for breach or contract and / or unfair dismissal.

[EUsmileWEallsmile]

I have been looking for a new job and applied for job seeker allowance. I was told that I am qualified for contribution based job seeker allowance because I had worked in the past years. Would my application to this benefit and entitlement to it impact my application which is being considered? It looks like I am going to start a new in two weeks time anyway.

This would not affect the application. I take it that you had achieved PR by the time you made the application to the UKBA.

[Paolo]

Many thanks, Guru. I have made an unfair dismissal claim to the employment tribunal. I am waiting to hear from the tribunal.

Yes, by the beginning of April when I submitted the application I had been living and working on a full time basis in the UK for over 5 years. My dismissal took place nearly the end of April because I did not get my certificate of application in the beginning of May. Like you said I am on contribution based job seeker allowance after May should not have any negative impact on my application as by the beginning of April I had been in the UK for over 5 years.

It looks like that I might be qualified for housing benefit as well. In this case I shall go ahead to apply for it while I am looking for jobs. It should not have any negative impact on my application, either?　Ｄｏ　ｙｏｕ　ｔｈｉｎｋ　ｔｈｅ　ＵＫＢＡ　ｗｏｕｌｄ　ｃｏｎｔａｃｔ　ｔｈｅ　ｂｅｎｅｆｉｔ　ｏｆｆｉｃｅ　ｔｏ　ｆｉｎｄ　ｏｕｔ　ｉｆ　Ｉ　ｈａｖｅ　ｃｌａｉｍｅｄ　ｆｏｒ　ａｎｙ　ｂｅｎｅｆｉｔ　ａｆｔｅｒ　ｓｕｂｍｉｔｔｉｎｇ　ｍｙ　ａｐｐｌｉｃａｔｉｏｎ？　

Ｉｆ　ｍｙ　ＰＲ　ｉｓ　ａｌｌｏｗｅｄ，　Ｉ　ｓｈａｌｌ　ｂｅ　ａｂｌｅ　ｔｏ　ａｐｐｌｙ　ｆｏｒ　ｎａｔｉｏｎａｌｉｔｙ　ｉｎ　ｏｎｅ　ｙｅａｒ．　Ｗｏｕｌｄ　ｍｙ　ｂｅｉｎｇ　ｏｎ　ｂｅｎｅｆｉｔ　ｆｏｒ　ａ　ｓｈｏｒｔ　ｗｈｉｌｅ　ｈａｓ　ａｎｙ　ｎｅｇａｔｉｖｅ　ｉｍｐａｃｔ　ｏｎ　ｔｈｅ　ａｐｐｌｉｃａｔｉｏｎ？　

Ｔｈａｎｋｓ　ａｇａｉｎ　ｆｏｒ　ｙｏｕ　ａｄｖｉｃｅｓ　ｉｎ　ａｄｖａｎｃｅ．　Ｐａｏｌｏ．　

[Jambo]

* PR is obtained automatically after 5 continuous years of residence under the regulations.
* Holding PR entitles you to same benefits as a British citizen.
* Benefits have no impact on naturalisation application.

[thsths]

* PR is obtained automatically after 5 continuous years of residence under the regulations.
* Holding PR entitles you to same benefits as a British citizen.
* Benefits have no impact on naturalisation application.

Agreed. The UKBA may contact the local council, they may check for benefits, they may even through a hissy fit, but the law is on your side.

I hope you can sort everything out, and I hope you win some nice compensation for the unfair dismissal.

Although you should also consider suing the UKBA, because they have a long standing policy of issuing the CoA only after a month or two, when the law clearly says it has to be "immediately". To add insult to injury, they even mail it second class or even bulk rate. At the very least you should make a complaint to the European commission - they are already upset about some of the details going on, and they are looking for evidence of this hurting the free labour market.

[EUsmileWEallsmile]

Are we sure that UKBA issue certificates of application for PR applications? Neither the regulations nor the directive appear to mention them.

[Paolo]

Thanks very much, both. The UKBA website says contribution based job seeker allowance does not belong to public funds. http://www.ukba.homeoffice.gov.uk/visas ... ublicfunds
There is information saying that foreigners staying in this country who are entitled to work are able to claim contribution based job seeker allowance. http://www.inbrief.co.uk/employees/Brit ... igners.htm
I am here legally and my Certificate of Application (COA) proves my right to work while my application is being considered.

Like Sage said the UKBA might contact the local authority if I have claimed any benefit after application submission, but no matter from the EEA regulation itself or the above legal points, I shall be safe, I think.

Sage, how can I sue the UKBA for having not produced the COA in time，　ｗｈｉｃｈ　ｉｓ　ｄｉｆｆｅｒｅｎｔ　ｆｒｏｍ　ｔｈｅ　ｕｎｆａｉｒ　ｄｉｓｍｉｓｓａｌ　ｃｌａｉｍ　ｓｕｂｍｉｔｔｅｄ　ｔｏ　ｔｈｅ　ｅｍｐｌｏｙｍｅｎｔ　ｔｒｉｂｕｎａｌ？　

Ｉ　ｍａｄｅ　ｔｈｅ　ｕｎｆａｉｒ　ｄｉｓｍｉｓｓａｌ　ｃｌａｉｍ　ｍｙｓｅｌｆ，　ｉｎ　ｗｈｉｃｈ　Ｉ　ｍｅｎｔｉｏｎｅｄ　ｔｈｅ　ｆａｃｔ　ｔｈａｔ　Ｉ　ｉｎｓｔｒｕｃｔｅｄ　ｍｙ　ｅｍｐｌｏｙｅｒ　ｔｏ　ｆｉｌｌ　ｉｎ　ｔｈｅ　Ｅｍｐｌｏｙｅｒ　Ｃｈｅｃｋｉｎｇ　Ｓｅｒｖｉｃｅｓ　ｆｏｒｍ（ＥＣＳ）　
http://www.ukba.homeoffice.gov.uk/sitec ... stform.pdf
ｔｏ　ｖｅｒｉｆｙ　ｍｙ　ｒｉｇｈｔ　ｔｏ　ｗｏｒｋ　ａｆｔｅｒ　ｍｙ　ａｐｐｌｉｃａｔｉｎ　ｗａｓ　ｒｅｃｅｉｖｅｄ　ｂｙ　ｔｈｅ　ＵＫＢＡ　ａｎｄ　ｂｅｆｏｒｅ　Ｉ　ｒｅｃｅｉｖｅｄ　ｔｈｅ　ＣＯＡ．　Ｉｔ　ｎｏｒｍａｌｌｙ　ｔａｋｅｓ　ａｂｏｕｔ　４　ｔｏ　６　ｗｅｅｋｓ　ｆｏｒ　ｔｈｅ　ＵＫＢＡ　ｔｏ　ｐｒｏｄｕｃｅ　ｉｔ，　ｂｕｔ　ｉｔ　ｔａｋｅｓ　ａｂｏｕｔ　５　ｗｏｒｋｉｎｇ　ｄａｙｓ　ｔｏ　ｇｅｔ　ａ　ｒｅｐｌｙ　ｆｒｏｍ　ｔｈｅ　ＥＣＳ．　Ｉ　ｄｉｓｃｏｖｅｒｅｄ　ｔｈａｔ　ｍｙ　ｅｍｐｌｏｙｅｒ　ｆｉｌｌｅｄ　ｉｎ　ｔｈｅ　ｆｏｒｍ　ｉｎｃｏｒｒｅｃｔｌｙ．　Ｔｈｅｙ　ｔｉｃｋｅｄ　３Ａ　ｉｎｓｔｅａｄ　ｏｆ　３Ｂ．　Ａｓ　Ｉ　ｓｂｍｉｔｔｅｄ　ａｎ　ＥＥＡ４　ａｐｐｌｉｃａｔｉｏｎ，　３Ｂ　ｓｈｏｕｌｄ　ｈａｖｅ　ｂｅｅｎ　ｓｅｌｅｃｔｅｄ，　ｂｕｔ　ｍｙ　ｅｍｐｌｏｙｅｒ　ｍｉｇｈｔ　ａｒｇｕｒｅ　ｂｙ　ｔｈｅ　ｔｉｍｅ　Ｉ　ｄｉｄ　ｎｏｔ　ｈａｖｅ　ＣＯＡ，　ｓｏ　ｈｏｗ　ｃｏｕｌｄ　ｉｔ　ｂｅ　ｖｅｒｉｆｉｅｄ．Ｉ　ｃｏｕｌｄ　ａｒｇｕｅ　３Ｂ　ｖｅｒｉｆｉｅｓ　ａ　ＣＯＡ　ａｎｄ　ｔｈｅ　Ａｓｓｏｃｉａｔｅｄ　Ａｐｐｌｉｃａｔｉｏｎ，　ｔｈｅｒｅｆｏｒｅ　ｔｈｅ　ａｓｓｃｉａｔｅｄ　ａｐｐｌｃｉａｂｌｅ　ｃａｎ　ｂｅ　ａｌｓｏ　ｖｅｒｉｆｉｅｄ　ｂｅｆｏｒｅ　ｔｈｅ　ＣＯＡ　ｉｓ　ｐｒｏｄｕｃｅｄ．　Ｉ　ｔｈｉｎｋ　ｔｈｉｓ　ｉｓ　ａ　ｒｅａｓｏｎａｂｌｅ　ｐｏｉｎｔ．　Ｗｈａｔ　ｄｏ　ｙｏｕ　ｔｈｉｎｋ？　Ｉ　ｋｎｏｗ　ｉｔ　ｉｓ　ａ　ｖｅｒｙ　ｍｕｃｈ　ｄｅｔａｉｌｅｄ　ｑｕｅｓｔｉｏｎ，　ｂｕｔ　Ｉ　ｔｈｉｎｋ　ｉｔ　ｉｓ　ｑｕｉｔｅ　ｃｒｕｉｔｉａｌ　ｔｏ　ｔｈｅ　ｓｕｃｃｅｓｓ　ｏｆ　ｍｙ　ｃｌａｉｍ，　ｏｒ　ｔｈｅ　ｊｕｄｇｅ　ｗｉｌｌ　ｈａｖｅ　ｔｏ　ｄｅｃｉｄｅ　ｉｆ　ｉｔ　ｉｓ　ｖａｌｉｄ　ｏｒ　ｎｏｔ．　Ｉ　ｌｏｏｋ　ｆｏｒｗａｒｄ　ｔｏ　ｈｅａｒｉｎｇ　ｆｒｏｍ　ｙｏｕ．　

Ｔｈａｎｋ　ｙｏｕ．　

[Paolo]

Missed one point, 5 days later the ECS replied to say they could not verify that I have an outstanding application which entitles me to work, should I continue to be employed, the employer will be fined. Based on this, in particular FINE, my employer dismissed me. My arguement is that my employer's incorrect selection of 3A led to this incorrect answer because different UKBA teams deal with different application. My application is being dealt with by the Liverpool team, unless 3B was selected, it would not have been asked to look at my application received by them before my COA was produced. The team dealing with indefinatley leave to remain does not necessarily have my application and details.

[thsths]

Missed one point, 5 days later the ECS replied to say they could not verify that I have an outstanding application which entitles me to work, should I continue to be employed, the employer will be fined. Based on this, in particular FINE, my employer dismissed me. My arguement is that my employer's incorrect selection of 3A led to this incorrect answer because different UKBA teams deal with different application. My application is being dealt with by the Liverpool team, unless 3B was selected, it would not have been asked to look at my application received by them before my COA was produced. The team dealing with indefinatley leave to remain does not necessarily have my application and details.

I have some idea what you are talking about (not sure about the details), but I do not think it matters in any way. The government is playing fast and loose for a long time, but you have a contract with your employer, and this contract was broken on false pretence. Your case is with the employer first of all.

[EUsmileWEallsmile]

I am here legally and my Certificate of Application (COA) proves my right to work while my application is being considered.

Ok, so you did get a COA having applied for EEA4.

[EUsmileWEallsmile]

This may be of interest

http://www.freemovement.org.uk/2011/12/ ... dismissal/

[Paolo]

Thanks. The reason why I want to make sure my claiming and entitlement of contribution ｂａｓｅｄ　job seeker allowance will not impact my application negatively is because I worry the letter from the department of work and pension stating my entitlement et all has been taken by my house mates. They know I have been waiting for UKBA's decision. In any case they want to do anything against me, they could report to the UKBA that I have claimed for benefits　ａｆｔｅｒ　ｍｙ　ａｐｐｌｉｃａｔｉｏｎ　ｗａｓ　ｓｕｂｍｉｔｔｅｄ．　

I contacted work and pension and it was confirmed that a letter has been sent out which should have reached me on 13th June, but to date I have never received it. Obviously if I ask my house mates ｗｈｅｔｈｅｒ they have seen any letter of mine, I doubt they would say yes even though they did. It is a criminal behaviour to collect and open other's letter, but I do not have evidence proving this, puzzled．　Ｗｈａｔ　ｓｈａｌｌ　Ｉ　ｄｏ？

[EUsmileWEallsmile]

Get new housemates.

If your post is that insecure, consider getting a private mailbox, ask at the post-office.

[Paolo]

Thanks, Guru. Obviously there is nothing I can do about the letter which has been taken.

I have just received a letter from the employment tribunal asking me to provide the information of compensation I want the court to order. I do not want to be reinstated or re employed as I have been looking for a new job. I just want to be compensated. How shall I calculate the compensation amount? Is it my salary before tax, pension and NI x months from the dismissal date to the hearing date?