Applied for RC as jobseeker, got COA without right to work

[flicker]

Hi everyone,

My husband and I have arrived to the U.K. in August - he has a European passport, and I was issued a family permit (which is valid until December 18).

On November 24th we've sent the EEA residence card forms for me, along with a Registration Certificate request for my husband, all in the same envelope. As he is still searching for a job, we wrote that he was self sufficient since we arrived to the U.K., and then "became" a job seeker on September 1st, which is when he started actively looking for a job. (I also supplied evidence of our health insurance, to further support that self-sufficiency that was present "before" he became a job seeker, along with bank statements).

As far as proving he is a job seeker, we've provided e-mails of job applications and response e-mails from companies, as well as a letter from an organisation where he undertook seminars that assist people in entering the U.K. job market. We both have a NINO, but since he's not entitles to any benefits (or wants to claim any), it wasn't possible to register as a jobseeker with Jobcentre.

None of those helped. He received an e-mail confirming his Registration Certificate application (and told to wait 6 months), but I got my COA WITHOUT granting the right to work, stating that we were missing:
"sufficient evidence of your sponsor exercising Treaty rights"

They also added a Q&A sheet, that addresses cases in which "the applicant has not provided satisfactory evidence of his or her relationship to en EU citizen" - I'm not sure how that applies here, plus, this was NOT mentioned on the first page, where they stated we were only missing documents having to do with exercising treaty rights... (And to the point, we've provided a U.K. marriage certificate. And even though that was only issued on the same month, we did provide evidence of a 10-year relationship when we first applied for the Family Permit).

What do I do now? My family permit expires on December 18, so obviously no one would hire me. Is there any point in writing to the home office? I understand this has sometimes worked in the past, but with the addition of the "we will not revisit the terms of your certificate" clause, is it pointless to write to them now?

Is there any way at all to get a working permit when applying under the jobseeker title? There are no other documents we could have sent... And now I'm thinking that if they were so quick to deliver the no-work-permit COA, then after 6 long months they'll just reject the whole thing...

And once my husband DOES find a job (eventually), is it better to wait for their first decision (for 6 months...), and then appeal or re-submit if necessary - or should we cancel the application right away, and re-submit once he finds a job? (Either way, this means months - possibly 6 or more - of me not being able to work...)

Would love to hear any thoughts or advice, as this is quite discouraging.

[noajthan]

Your current FP confirms a right to work so try to get a job before it expires.

And here's a similar case, try solution suggested here:
http://www.immigrationboards.com/eea-ro ... l#p1430876

[flicker]

Thank you for the response!

So assuming I can't find a job before December 18 (as most employers won't look at me with such a short period left on my permit), the only thing I can do is send them an e-mail/letter, hope for the best, and possibly stay without a job for at least 6 months?...

I'm assuming that if that's the case, it would be better to cancel the application once my husband finds a job, and re-apply, hoping I would get a "better" COA that time?

[noajthan]

If sponsor is a qualified person you do have a right to work.
A RC doesn't grant that right - it simply confirms it.

Of course in a climate of fear, ignorance and paranoia about migrants (and the punitive fines for employing illegals) you can't really blame ignorant or poorly-trained employers for not taking a chance on you.

Suggest mailing the email address in link asap pointing out your existing right due to current FP.
Worst case, yes, reapply when sponsor has better evidence.

[flicker]

Thank you so much for the advice - I'll try to e-mail them, and update if there are any further developments.

[flicker]

So I've sent an e-mail to the mentioned home office e-mail, and received the following automatic reply:

Duplicate CoAs will be issued where either;

• your CoA has expired and your application is still outstanding
or
• your application has been refused but you are pursuing an appeal against that refusal decision.

If appropriate a duplicate CoA will be issued with a refreshed date, but, if the original CoA did not state that you have a right to work, the replacement will take the same approach

Doesn't sound very promising... I think I'll try sending a letter by post as well, who knows, maybe someone will read it.

[noajthan]

So I've sent an e-mail to the mentioned home office e-mail, and received the following automatic reply:

Duplicate CoAs will be issued where either;

...

Doesn't sound very promising... I think I'll try sending a letter by post as well, who knows, maybe someone will read it.

You have to point out existing right due to current FP. Did you?

[flicker]

Yes. Specifically I wrote:

"I currently hold a valid EEA Family Permit, which expires on December 18, and allows me to work - but future employers would not take the risk of hiring me without further documentation in the form of a Certificate of Application allowing me to do so."