EEA FM - COA no right to work - married couple

[Juliegift]

Hello everyone

I recently wrote about getting married to my Mexican partner. We now are, happily.
We submitted the EEA FM application and guess what? HO sent a certificate of application saying his rights to work are not confirmed, because we (quote):
"You have not provided original documentation for the following: sufficient evidence of your sponsor excercising Treaty rights"

So.. actually:

- I work on a permanent basis for more than 1 year in the Uk (I am Italian)
- My director filled and signed the 12B section declaration on the form
- We sent 4 months payslips
- We sent 4 months bank statements showing the company paying me every month
- We sent my P60 form

I can't understand what I am missing. The only thing that might have gone wrong is that in my company's payslips only the name of the company appears and not the address and VAT number of the company. Other details about me (name, NIN, tax number) are in. What do they want?

thanks for helping out
x

[noajthan]

Did you send originals?

How about a job offer letter and/or job contract etc?

[Juliegift]

So, along with his application, we also sent my application for EEA QP. Therefore, I also sent the original employment agreement and the two letters received from the company during this year, saying 1. I passed the probitionary four months period 2. I got a payrise of xxx

Yes, everything I sent was in original. Just what I got from my employers....
I also had a chat with my Director and she says perhaps the problem is that

1. the payslips do not have the company's address and VAT number
2. the letters received from them have no letterhead, they are kind of simply drafted and might look as "not originals", but actually they are!

Thing is, if they call my company they could just confirm everything. Even, my bank statements show the received salaries. Bank statements show "printed in branch on xx date".

I can't see what went wrong...

[ijjlian]

This seems like they made a mistake. Sometimes they confuse templates of letters. Try writing them that you believe your case was judged wrong and that you submitted all documentary evidence in original.

I suppose you added your ID/passport and your non-EU spouse's passport too? I read somewhere that lack of these documents can lead to being issued a short CoA.

[Juliegift]

Yes even I submitted my passport instead of my ID. Everything in original.

I will send again the payslips and a cover letter as per your suggestion... thanks!

[Juliegift]

Hi guys
As a follow up about our situation: after receiving the short CoA we sent a letter claiming the correct certificate to be issued. We also sent an email to the suggested address I found in another post here in the forum.
It has bene more than 2 week now and no news.... In the letter I also attached another fresh new letter from my employer confirming my position and more signed wage slips.
They are making a mistake, is there anything else I can do at this stage?
Thanks

[noajthan]

Hi guys
As a follow up about our situation: after receiving the short CoA we sent a letter claiming the correct certificate to be issued. We also sent an email to the suggested address I found in another post here in the forum.
It has bene more than 2 week now and no news.... In the letter I also attached another fresh new letter from my employer confirming my position and more signed wage slips.
They are making a mistake, is there anything else I can do at this stage?
Thanks

Sounds like you've done what you can and ball is in HO's court.

But here's the thing:

Anyone issued with a ‘short’ COA due to their failure to submit the required evidence cannot later be issued with a ‘long’ COA if they submit this evidence.

Ref https://www.gov.uk/government/uploads/s ... s_v4.0.pdf
- page 22

[Juliegift]

Do you think they will automatically now refuse the residence card?
They are supposed to investigate: by logging in the hmrc website they can see all the tax deductions I sent with my wageslips, all the figures in the P60 form. Even with a phone call to my office they would confirm my employment.
Thanks for your help

[noajthan]

Do you think they will automatically now refuse the residence card?
They are supposed to investigate: by logging in the hmrc website they can see all the tax deductions I sent with my wageslips, all the figures in the P60 form. Even with a phone call to my office they would confirm my employment.
Thanks for your help

Impossible to say.
I don't know your evidence nor strength of your case.
No use trying to divine HO procedures and thought processes from the scanty evidence available.

I suspect you have simply received a standard letter. You will only know what's what with final decision.