COA FM - arrived as visitor, no right to work?

[vicka]

Hi there,
I am in the similar situation:
-came to the UK with a visitor visa;
-my husband is UE, am not;
-my husband is working and applied for a residence certificate (together with my application);
-we married for a 5 years, have a baby together;
-I applied for residence card (me and our baby in the application);
-received a COA without right to work together with the letter about biometric.

I just wondering if someone has been in the same situation and has received residence card after all? There is no option I can leave the UK and apply for the process "properly". Also, I am terrified to receive refusal as I have no place to go.

[noajthan]

Your case is different as you appear to be a spouse and not an unmarried partner.

Post moved (to here) to avoid confusion and jumbled responses.

[vicka]

Your case is different as you appear to be a spouse and not an unmarried partner.

Post moved (to here) to avoid confusion and jumbled responses.

Ok, thanks.

What I want to know is:
I have a very standard situation: married not recently, have a baby, my husband is working, etc.
Is it normal that I have received a COA with no right to work? Is it because I came in the country with a visitor visa?
Has someone have been in the same situation and received residence card?

[vinny]

What evidence did you submit?

Applications for a residence card

To be issued with a ‘long’ COA confirming a right to take employment while their application is under consideration, the applicant must have submitted:
• a valid passport
• a valid EEA identity (ID) card or EEA passport for the EEA national
• evidence of relationship to their EEA national (for example, marriage or birth
certificates) and either:
o evidence the EEA national has exercised free movement rights in the UK as a jobseeker, worker, self employed person, self sufficient person or student
o evidence the EEA national has permanent residence in the UK

If they have not submitted all of the evidence listed above, you must issue a ‘short’ COA, which does not confirm a right to take employment.

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.

[vicka]

Thank you for the answer. I've submitted:
- a valid passport
- a valid EEA identity (ID) card
- translated copy of marriage certificate and translated copy of birth certificate of our baby
- some photos of me and my husband
- husband's employment letter, 4 payslips (payment made weekly), 2 bank statements
- bills on my name, his name, our name; a letter from our landlord and tenancy agreement (UK)

What I guess could be wrong with the documents is:
- I have 2 citizenships, but only 1 passport has been sent
- I should have sent originals of marriage and birth certificates, not only translated copies
- we married in the non-european country. Should I have sent a document that our marriage recognised by european country of husband's origin?
- in the time of application my husband worked only for 2 months
- I probably should have sent our tenancy agreement of our cohabiting before we moved to the UK.
Please, could you tell me where was my mistake?

[vicka]

Hi there,

Can I send some additional documents to the Home Office if my case is still in progress?
For some (stupid) reason I didn't send the originals of marriage and birth certificates. I only sent translated copies of them. Is it possible to correct my mistake or it's too late?

Thanks.

[noajthan]

Lack of original docs is the likely issue. As stated in application form.

You could send the docs but unlikely to result in re-issue of COA. HO plays hardball; their guidance is clear on this.

[vicka]

Lack of original docs is the likely issue. As stated in application form.

You could send the docs but unlikely to result in re-issue of COA. HO plays hardball; their guidance is clear on this.

Thank you for the answer!
COA is just a half of problem for me, but the refusal of giving the RC would be devastating.
Do you think I still can send the originals to them?