This post is detailed and focuses on potential for infringement of rights and/or unlawful discrimination to occur as a result of the current Home Office processes relating to issuing Certificate of Application letters (CoA) as outlined in "Processes and Procedures for EEA Documentation Applications"(Published on 30/08/2016).
First a Clarification of Short CoA vs Long CoA for those who don't know:
On page 20 of "Processes and Procedures for EEA Documentation Applications" it states that:
"... either a long CoA (which confirms employment) or a short CoA (which does not confirm employment) will be issued based on the type of application and the information provided."
All of this info was taken from "an Employers Guide to Right to Work Checks" (published on 16/07/2016)What does a short CoA mean for your employer?:
A Short CoA means that a negative verification will automatically be provided by the Employment checks service if your employer decides to contact them, this in turn means that your employer will lose their statutory excuse and therefore be liable for fines of up to 20,000 GBP if it is later discovered that you do not actually have the right to work. Thus your employer is exposed to financial risk and it is a potentially arduous process for them to cross reference all the relevant legal and home office documentation to actually confirm you do have the right to work, which could have been simply stated on your CoA in the first place.
My Application Details:
I am a non EEA national, currently living in the UK on an EEA Family Permit, and in the process of
applying for an EEA residence card as an extended family member (unmarried partner).
I have discovered that it will be very difficult for me to demonstrate to my employer that I still have
work rights after the expiry of my current visa, if the the Home Office proceeds to follow the current
processes and automatically issues me a "short CoA"
The reasons why I am concerned I may be issued with a short CoA are:
On page 24 of "Processes and Procedures for EEA Documentation Applications." it states that:
The reasons why I believe I am eligible to be issued with a long CoA instead are:"You (homeoffice case worker) 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"
Under Current EEA Regulations Section 7(3), because I satisfy all requirements outlined therein, I have the right to be treated as a direct family member.
Therefore, as a direct family member, I also satisfy all requirements for issuance of a long CoA, as outlined on page 22 of "Processes and Procedures for EEA Documentation Applications",
My overall impression is that the home offices decision to automatically processes my application differently based purely on the fact that I am applying as an extended family member, rather than a direct family member, is, in the very least an infringement of my rights as outlined in current EEA Regulations and may even constitute unlawful discrimination.
Anyone going through the same situation please post here, any lawyers/legal experts who can weigh in to clarify if my interpretation of my rights is correct and/or cite any other relevant legislation I would be happy to hear from you too.
Regards,
c_norris_69
