COA not granting the right to work (married application)

[marcosdv85]

Dear friends,

I write you because my wife (an EEA-national) and me (her non-EEA spouse) applied jointly for her EEA(QP) registration certificate and for my EEA(FM) residence card.
Our circumstances are the following: she’s studying English 16 hours a week in an English school in Manchester for a period of 24 weeks, starting last November the 14th and expecting to finish at the end of May 2017. We have taken Comprehensive Sickness Insurance separately (as my insurer broker contacted the Home Office beforehand and was advised to offer us separate policies of the same type) since October 14th. We arrived to the country in July 13th. We enter the country together (I holding an EEA Family Permit uneventfully issued in Bogota in March 2016 while we were engaged)

We printed the EEA(QP) form and the whole (!) EEA(FM) form and applied in the same envelope. Not surprisingly the Home Office charged us TWICE as they charged the £135 for the EEA(FM) as we selected that we were applying together AND the £65 for the EEA(QP) form.

As indicated in the Guidance Notes of the EEA(QP) and EEA(FM) forms we submitted: proofs of our identities (her and my national passports in her case her Italian passport), proof of our relationship (our original marriage certificate, registered in the Main Civil Registry in Venezuela where we have lived previously and translated to English by a legally-certified interpreter in Venezuela) as well as proof that we have been living together since January 2014 (by way of certificates of address issued by our local council in Venezuela also translated to English by legal interpreter in Venezuela, along with nearly 60 photos of us since December 2013 until October 2016 including photos with family, friends, at our marriage ceremony. Etc). We proofed her exercise of EEA-rights by providing a letter of enrolment from her English academy as explained by the Guidance Notes (employing official institute headings, course details, course responsible, email and telephone number of course director, etc.) To fulfil financial self-sufficiency requirements we provided her itemised bank statements (with around £17,000 of funds) and a declaration countersigned by a commissioner for oaths expressing that I would not become a burden to the social assistance system and that kind of things. We sent everything from the Insurance company (certificates, schedules, even the Direct Debit letter!). As proof of us living together in the UK we sent letters from the Department of Work and Pension (our original NINo letter), NHS (our enrolment letters), letter and a letter from my GP (telling me of a blood test result). Again everything as per guidance notes’ indications. We provided everything they asked for.

We sent our application on November 19th, the envelope arrived on November 21st, the fee was deducted (TWICE) from our accounts on November 23rd and they sent my wife a confirmation email with her case on December 5th. I received my letter for biometric enrolment yesterday (dated December 2nd) and happily attended the Post Office this evening and pay (again)…

Then I received today a letter from the Home Office, also dated December 2nd stating that I don’t have the right to work (the infamous short COA) stating that they weren’t able to assess our relationship (what the heck!?) and that my spouse was not exercising her treaty rights…
I’m completely desolate and devastated. I started working last month and promised my employer that I would receive a COA letter and my FP expires on December 22nd. I can’t really believe that a marriage certificate is not proof enough of our relationship, and while we got married recently (on July, before arriving to the UK) we have provided far in excess proofs of our relationship together in photos and official documents. For god’ sake there are even photos of both of us in 2014 when I was in chemotherapy treatment bald and thin!!! How can they dare!?

Now, the letter (I suppose in a typical format) explain I don’t have any right to appeal and blablabla. Yet, I have read in this forum that this is a not-so-common occurrence, but that some members have overcome this by writing the Home Office requesting them to issue a corrected COA. I would definitely love to hear any advice whatsoever of what to do, who to write, if by email or a letter making reference to the case number of what. We are really desperate as they have everything, our passports, our marriage certificate!!!. Everything!, and don’t have any idea what to do or how!!!.

Please, help us!

Thank you very much from the bottom of our heart!
Marcos & Cindy
PS; To add insult to injury, we received in the same envelope a letter for enrolment of biometric information of ANOTHER!!!! Aspirant!!! By mistake!!!!! What should we do about that?

[noajthan]

What is the specific wording of refusal regarding relationship and also exercise of treaty rights?

If you had sent the application before your FP had expired you would have enjoyed a continuing right to work.
Such applicants often get denied confirmation of right to work in the first place but there is a known avenue to redress it.
However it looks like you applied just after your FP had expired.

As you say your application appears compliant and you could/should have been issued a long COA.
However HO guidance is clear: corrections will not be entertained, even if you send further information, after HO have determined something was lacking.

You can get into the mind of caseworker weighing up and assessing your case, here:
https://www.gov.uk/government/uploads/s ... s_v4.0.pdf

As to the other applicant's document, I suppose you could return it to HO. That may help tip immigration karma back in your favour sometime in the future.

[marcosdv85]

Morning!

Many thanks for your attention and response!

The letter said we were not providing original evidence of relationship and her exercise of Treaty rights.

But we did!! We sent the original wedding act (registered and translated into English) and an original letter from her English Institute as I explained.

My FP expires this 22nd of December, so I suppose it's still valid?

I don't know what happened

[noajthan]

Morning!

Many thanks for your attention and response!

The letter said we were not providing original evidence of relationship and her exercise of Treaty rights.

But we did!! We sent the original wedding act (registered and translated into English) and an original letter from her English Institute as I explained.

My FP expires this 22nd of December, so I suppose it's still valid?

I don't know what happened

I was calculating March - September but if FP is still within expiry date then all good (maybe).

As you have current permission to work (by virtue of a valid FP) and you are married to your sponsor (so you are direct FM) you should definitely receive a COA with confirmation of right to work.
However HO plays hard ball by default, as you have found.

There is an email address box to contact to sort this out.
Edit: See/try: http://www.immigrationboards.com/eea-ro ... l#p1329983

However this won't necessarily sort out any issue with the second point of refusal, ongoing proof of sponsor's treaty rights.
All you can do is try and see what happens.

Good luck.

[marcosdv85]

Thank for your information!

Just wrote the HO, as I enrolled yesterday my biometric information (why do they send me a COA before my biometric information enrolment?) my last hope is in waiting and maybe they reconsidering with the available evidence my case…

I have a question: do I lose my right to work after 22nd of December as my FP expires? Can my current employer lay me off on the ground of not being qualified to work in the UK? What can I do if they proceed in this fashion?

[noajthan]

Thank for your information!

Just wrote the HO, as I enrolled yesterday my biometric information (why do they send me a COA before my biometric information enrolment?) my last hope is in waiting and maybe they reconsidering with the available evidence my case…

I have a question: do I lose my right to work after 22nd of December as my FP expires? Can my current employer lay me off on the ground of not being qualified to work in the UK? What can I do if they proceed in this fashion?

No, as long as you have an EEA citizen sponsor who is either settled or a qualified person you have the right to work/study and ofcourse reside in UK.

What you lose when FP expires is any readily available confirmation and proof of that happy state.
That is until your optional and confirmatory RC arrives, if granted.
(You try explaining the ins and outs of Directive 2004/38/EC to your average hard-pressed, time-poor employer or HR guy/gel!).