Surrinder Singh - COA UNCONFIRMED RIGHT TO WORK- can I work?

[Mymorg]

Hello,

I'm sure this has been answered before but since every case is different I figured I'd put up my situation.
Me and my husband Rory (he is English, I am American) were living in berlin for a year, he was working, we got an eea1, moved to England. I started working immediately, got my NI Number, have a good job. Applied for the eea2, get the COA back and it says, they can not confirm my right to work. I know that I can work under the eea1, but it expires in January. Could this be some mistake? Should I request another COA? Also, when January comes, if I haven't been granted a residence card, must I reapply for an eea1? I need to keep working, im a tattoo artist, i need to keep up with my skill, and also, my husband is seeking jobs now, we're living off savings not benefits any advice is appreciated.

Thanks!

[Jambo]

Assuming you are married and provided both passports with the application, this is a mistake. You should ask for a new CoA.

[Mymorg]

I am indeed married and we indeed include both passports.i guess I'll have to call them... Thanks!

[Ayyubi72]

Assuming you are married and provided both passports with the application, this is a mistake. You should ask for a new CoA.

I don't know how they exactly decide this, but I have noticed that under surinder singh cases, and also unmarried partner cases they tend to send letters in which they state they are unable to confirm right to work.

If both partners are married, and the sponsor is a non british eea national then its kind of black and white. But surinder singh route, no matter how absolute and clear, is still subject to a greater assesment by HO ie establishing British citizen infact exercised treaty rights in a eea country, and non eea partner was infact living with the British Citizen etc etc.

[vinny]

For unmarried couples entering without an EEA family permit, it's understandable.

However, for surinder singh cases, if entered with an EEA family permit, then it's incomprehensible because it's not dependent on the British citizen carrying on any effective and genuine economic activities.

[Ayyubi72]

A bit off topic, but I want to decipher the wording of this judgement. I do understand the practical effect of this judgement on surinder singh though.

So, it says,

In the event of a Community worker returning to the Member State of which he is a national, Community law does not require the authorities of that State to grant a right of entry and residence to a third-country national who is a member of that worker's family because of the mere fact that, in the host Member State where that worker was gainfully employed, that third-country national held a valid residence permit issued on the basis of Article 10 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, as amended by Council Regulation (EEC) No 2434/92 of 27 July 1992.

Does it mean that country of origin of the eea national can totally re asses at the application of non-eea national, and come to a conclusion that non-eea family member was wrongly given the residence in the other eea country, when the eea national moves back to his country of origin with non-eea national?

Does it contradict the principle of surinder singh?

(TBH I just can't make sense of the above para)

[euroguys]

A bit off topic, but I want to decipher the wording of this judgement. I do understand the practical effect of this judgement on surinder singh though.

So, it says,

In the event of a Community worker returning to the Member State of which he is a national, Community law does not require the authorities of that State to grant a right of entry and residence to a third-country national who is a member of that worker's family because of the mere fact that, in the host Member State where that worker was gainfully employed, that third-country national held a valid residence permit issued on the basis of Article 10 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, as amended by Council Regulation (EEC) No 2434/92 of 27 July 1992.

Does it mean that country of origin of the eea national can totally re asses at the application of non-eea national, and come to a conclusion that non-eea family member was wrongly given the residence in the other eea country, when the eea national moves back to his country of origin with non-eea national?

Does it contradict the principle of surinder singh?

(TBH I just can't make sense of the above para)

Articule 10 says

TITLE III Workers' families

Article 10

1. The following shall, irrespective of their nationality, have the right to install themselves with a worker who is a national of one Member State and who is employed in the territory of another Member State: (a) his spouse and their descendants who are under the age of 21 years or are dependants;

(b) dependent relatives in the ascending line of the worker and his spouse.

2. Member States shall facilitate the admission of any member of the family not coming within the provisions of paragraph 1 if dependent on the worker referred to above or living under his roof in the country whence he comes.

3. For the purposes of paragraphs 1 and 2, the worker must have available for his family housing considered as normal for national workers in the region where he is employed ; this provision, however must not give rise to discrimination between national workers and workers from the other Member States.

So my take is that the residence card issued is not on its own sufficient and that further evidence of the worker or self-employed is required , wage slips evidence of registration for tax etc

[Mymorg]

Well, where does this leave me? I'm already working, I can't stop, it's my life. Should I be allowed to work? If they are wrong, I want to tell them so... Does anyone have a contact number for them at least? Thanks so much, just want a clear answer... I'm sick of having to deal with so much crap when all I want to do is keep my job. I have an eea1, and an NI number, so I should be allowed to continue working, but I want to make sure... Anyone know the liverpool number? Thanks!

[euroguys]

Well, where does this leave me? I'm already working, I can't stop, it's my life. Should I be allowed to work? If they are wrong, I want to tell them so... Does anyone have a contact number for them at least? Thanks so much, just want a clear answer... I'm sick of having to deal with so much crap when all I want to do is keep my job. I have an eea1, and an NI number, so I should be allowed to continue working, but I want to make sure... Anyone know the liverpool number? Thanks!

You have a Family Permit (entry clearance) not EEA1 thats for EU holders who want a residents card.

There is nothing to say you cant work just keep on it will only become an issue if your employer asks for further evidence at which point if the H.O. continue with their "cant confirm" you will need to provide the same evidence to your employer that you have to UKBA.

If your employer refuses to accept that you have a right to work and suspends or sacks you,once you have your EEA2 you may be able to take them to an employment tribunal and seek compensation and reinstatement.


Sponsors, paranoia and unfair dismissal

http://www.freemovement.org.uk/author/kathrynbradbury/

Article 25 of the Citizens’ Directive:

“Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof.”

[Mymorg]

Thanks for the reassurance, I don't think ill have a problem with my employer, as the government already issued me an NI number and they let me into the country. I'm under the impression that I don't need the eea2 at all, as long as my husband is living in England with me I'm legally allowed to live and work here, even if the family permit expires. Not even sure if ill be able to get an eea2 the way it's going, they lost my only copy of my marriage certificate that I got from Korea... Just seems like if I want to live and work here in England I just can't leave the country without having a major hassle at the border, and now that I don't have a marriage certificate it's not like I can prove to them I'm married. It's just so stupid. Anyway, thanks for your help. I'm just gonna keep working, occasionally calling to bother the office, see if they've found the marriage certificate they lost.