visa application/refusal/appeal and right to work

[uzair86]

Hi all i am here to seek some help and advice as my solicitor is on holiday and really unhelpful as always.
MY VISA HISTORY,

i was on a EEA family member 5 year visa which ran out in June 2015 but before it ran out i made an application for ILR which i knew going to refused as my ex partner took everything before we got divorce and i had nothing to send to Home Office so that application was just to get some time keep up my work and meantime when i was getting divorced i moved in with my current partner and we been living together for 3 years now.
we got married in October 2015 and i made an application for same eea family member as a spouse but home office refused my case reasons
my wife was born here and her parents were from Ireland but when we went to registry office the lady there said she needs her Irish passport as she cant use her birth certificate to get register which applied and got date after 3 months and finally got married.
Home office refused stating as my wife is born here i have to apply under British rule but my solicitor said they are wrong as my wife parents never obtained British nationality i can apply under eea rules.
so we made an appeal which is to heard in June 2017 over all its going to take me over 18 months and i am on floating list as well so not sure if my appeal is going to be heard that day.
Now my work has done ECS check and it has came back negative although i am still waiting for my appeal .

It states WE ARE UNABLE TO PROVIDE YOU WITH A STATUTORY EXCUSE(with amber light)
THE CERTIFICATE OF APPLICATION ISSUED TO THIS PERSON IS 6 MONTHS OLD AND SO INVALID
so my employer has sent me home saying i need to get something to prove that i can still work i have called tribunal and they said they cant help and home office has given me address to write them i cant email or phone them and i am really worried how i am going to survive with no work and support my family.
if anyone here can help me please reply to this as soon as you can i am under a lot stress as i dont understand why this has happened to me.
As recently i was sent a invoice by the NHS saying i am not entitled to NHS treatment and home office said the same thing to them but after 12 weeks of fight with NHS and providing them with all evidences that i am married and living in this country legally from last 9 years and 6 months and paying my taxes and ni contributions then last week they have sent me an email saying now we have received confirmation from home office that you have appealed to their first decision so we will not charge you and wait till the outcome of your appeal..

Regards
uzair

[noajthan]

This doesn't make sense.
If on EU route you don't have any visa.
How/why could you apply for ILR if on EU route?
Doing so doesn't help with right to work.

Why didn't you apply for ROR after first divorce and then continue in own right as qualified person?
(Its possible for HO to make enquiries and gather necessary information about an estranged partner).
You may have acquired PR by now.

Otherwise you won't have right to work confirmed if HO dispute your sponsor is an EEA national.

When were you married (first time)?
When did you arrive in UK?
When was divorce absolute?
What have you been doing in UK since then?

[uzair86]

basically after my divorce my solicitor asked me provide him with my ex wife payslips and proof that we were living together etc so i gave him what i had and was told that this not enough and he said because she has only worked 6 months in uk you will never get permanent residence(not ILR) so he said I can apply for PR which will me time and in the meantime i can get married to my present wife and it will be very easy so i can get my visa again and i can apply for PR when im in uk for 10 years whcih is going to be in september 2017.
Now as i a eplained in my first post home office refused saying my wife was born here so i have to apply under british rule but my solicitor says that they are wrong as her parents never took british citizenship and she was born after 1983 so we can fight this so as i am waiting for my appeal to heard in june 2017 my ecs check at work says i cant work.
is there anything i can do to prove to my employer that i can work as tribunal and home office i called today and they have not been helpful at all
on other hand i doubt that i have been misguided by my solicitor as it has wasted a lot of time and money and extra added stress.

i came to uk from pakistan in 2007 on a student visa
Got married in uk in 2008 and got my eea fm visa after 19 months
which expired in july 2015
but i got my absolute in september 2014

[noajthan]

Solicitor was talking nonsense.
If first wife was not a qualified person then none of that time would have counted even towards a LR application.
And it wouldn't have helped you qualify for ROR either.

If HO dispute second wife is an EEA national (in this context) then they will not confirm a right to work until the appeal is heard.
You will have to rely on good wife at least until appeal.

[MrSlyFox]

If your wife's parents were Irish and she was born in the UK she will be british from birth

[uzair86]

If your wife's parents were Irish and she was born in the UK she will be british from birth

so you are saying that my appeal going to be refused as well as i have made my application using my wife Irish passport but then why my solicitor is saying that we can win this appeal as my wife even if she is born in UK can still apply under eea rules.
but she has never worked anywhere in Europe only in UK .

[uzair86]

Solicitor was talking nonsense.
If first wife was not a qualified person then none of that time would have counted even towards a LR application.
And it wouldn't have helped you qualify for ROR either.

If HO dispute second wife is an EEA national (in this context) then they will not confirm a right to work until the appeal is heard.
You will have to rely on good wife at least until appeal.

But when i submitted my application in november 2015 after my wedding HO sent me a certificate of application and in which it says i can continue my work for the next 6 months until the decision has been made but they refused and given me a right of appeal which i did so in my thinking i will still have still have right to work until the decision has been made on my appeal ???

[noajthan]

But when i submitted my application in november 2015 after my wedding HO sent me a certificate of application and in which it says i can continue my work for the next 6 months until the decision has been made but they refused and given me a right of appeal which i did so in my thinking i will still have still have right to work until the decision has been made on my appeal ???

A COA is an interim document issued before (and until) the outcome of the RC application is decided.
You say the application was refused, so that decision overturns the temporary COA.

[uzair86]

Solicitor was talking nonsense.
If first wife was not a qualified person then none of that time would have counted even towards a LR application.
And it wouldn't have helped you qualify for ROR either.

If HO dispute second wife is an EEA national (in this context) then they will not confirm a right to work until the appeal is heard.
You will have to rely on good wife at least until appeal.

NOAJTHAN i only posted in second forum because i was not sure as im posting in the right place or not

[Obie]

But when i submitted my application in november 2015 after my wedding HO sent me a certificate of application and in which it says i can continue my work for the next 6 months until the decision has been made but they refused and given me a right of appeal which i did so in my thinking i will still have still have right to work until the decision has been made on my appeal ???

A COA is an interim document issued before (and until) the outcome of the RC application is decided.
You say the application was refused, so that decision overturns the temporary COA.

If he has an appeal pending and seek a renewal of the COA, this does not over turn the COA.

I believe both the employer who dismissed him and the Home Office who refused to confirm his right to continued employment, are in error, and may be liable to pay damages for loss of earnings.

I am not going to comment on the substantive EEA refusal, as i cannot deduce any meaningful information, that will facilitate any views i may wish to express.

[MrSlyFox]

But when i submitted my application in november 2015 after my wedding HO sent me a certificate of application and in which it says i can continue my work for the next 6 months until the decision has been made but they refused and given me a right of appeal which i did so in my thinking i will still have still have right to work until the decision has been made on my appeal ???

A COA is an interim document issued before (and until) the outcome of the RC application is decided.
You say the application was refused, so that decision overturns the temporary COA.

If he has an appeal pending and seek a renewal of the COA, this does not over turn the COA.

I believe both the employer who dismissed him and the Home Office who refused to confirm his right to continued employment, are in error, and may be liable to pay damages for loss of earnings.

I am not going to comment on the substantive EEA refusal, as i cannot deduce any meaningful information, that will facilitate any views i may wish to express.

As Obie said,I too believe a COA is valid until all appeal rights are exhausted

"You are permitted to accept offers of employment in the United Kingdom, or to continue in employment in the United Kingdom, whilst your application is under consideration and until either you are issued with residence documentation or, if your application is refused, until your appeal rights are exhausted."

- From COA

[uzair86]

so what will be the best way for me guys...

shall i wait for my appeal which is in june and i am on floating list which i read about that people can actually sent back on the day and can be given 2-6 months dates for next time when their case will definately be heard.
or shall i make a new application under british law as you have mentioned i can't get PR on 10 years basis as
well because my first wife was not qualified .
if i do go for british law will i will be able to work during that time or do i have to go back to pakistan to apply from there and how long will it take me to get a visa

[uzair86]

But when i submitted my application in november 2015 after my wedding HO sent me a certificate of application and in which it says i can continue my work for the next 6 months until the decision has been made but they refused and given me a right of appeal which i did so in my thinking i will still have still have right to work until the decision has been made on my appeal ???

A COA is an interim document issued before (and until) the outcome of the RC application is decided.
You say the application was refused, so that decision overturns the temporary COA.

If he has an appeal pending and seek a renewal of the COA, this does not over turn the COA.

I believe both the employer who dismissed him and the Home Office who refused to confirm his right to continued employment, are in error, and may be liable to pay damages for loss of earnings.

I am not going to comment on the substantive EEA refusal, as i cannot deduce any meaningful information, that will facilitate any views i may wish to express.

so mr obie how i can request the renewal of COA can you guide on this please

[Obie]

However it is important that i qualify my statement, so as to prevent confusion.

Even though a person may be eligible to continued right to COA, it is incumbent on them applying to the Home Office for a renewed COA, on the basis of an ongoing appeal. Otherwise it will be hard to make a viable legal claim against Home Office.

If OP had requested a COA and this was not granted, he will be entitled to seek damages from the Home Office, if he ended up losing his job as a result of their actions.

[noajthan]

My understanding is a COA would not be accepted (by even a diligent employer) after 6 months from its date of issue.
So the above advice appears very prudent.

[Obie]

You need to ensure you appeal against the employment dismissal otherwise you will be in difficulties if you do not seek to appeal the employment decision.

You lawyer needs to pursue the Home Office for your COA, and inform them of their obligation to continue issuing, pending the conclusion of your appeal.

In my opinion, i think you ought to focus on the EEA appeal. The British Spouse appeal is not going to be helpful in short and long term.

[uzair86]

You need to ensure you appeal against the employment dismissal otherwise you will be in difficulties if you do not seek to appeal the employment decision.

You lawyer needs to pursue the Home Office for your COA, and inform them of their obligation to continue issuing, pending the conclusion of your appeal.

In my opinion, i think you ought to focus on the EEA appeal. The British Spouse appeal is not going to be helpful in short and long term.

so you are saying that my appeal not going to be successful???
shall i make new application under british law ? do i have to go back to my country for that or i can apply from uk like i made my old application.

[uzair86]

i called home office today and the women was very rude and told me she can't do anything i have to write to post decisions case work unit .
how i can get in touch with home office to get COA or just to make them give me a letter stating i can keep working until decision has been made on my appeal

[Obie]

I did not say your appeal will fail. I have no power to say so. I can only comment on facts i know about.

COA Email address is below.

nweurocoarequests@homeoffice.gsi.gov.uk

[uzair86]

I did not say your appeal will fail. I have no power to say so. I can only comment on facts i know about.

COA Email address is below.

nweurocoarequests@homeoffice.gsi.gov.uk

MR OBIE thanks a lot for your help i have emailed the HO and recieved acknowledgement email saying i will receive something in 3 working days so fingers crossed will let you know once i have received anything from HO.
My next question is when i rang HMCTS today i asked them about copies of all my documents on my case which according to a letter HO should have sent to my solicitor and HMCTS by 28th of december.
i asked my solicitor for a copy and she said she has,nt received anything yet and the same answer i got from the HMCTS but i know someone who has managed to get all copies by ringing HMCTS but in my case neither of the them has received anything from HO.
What i can do to get hold of those documents which i think will give me an idea of how to prepare for my appeal as to be honest i find this forum more effective and helpful then my solicitor i have always received help here which i will be grateful forever .

[eemonmali18]

I did not say your appeal will fail. I have no power to say so. I can only comment on facts i know about.

COA Email address is below.

nweurocoarequests@homeoffice.gsi.gov.uk

MR OBIE thanks a lot for your help i have emailed the HO and recieved acknowledgement email saying i will receive something in 3 working days so fingers crossed will let you know once i have received anything from HO.
My next question is when i rang HMCTS today i asked them about copies of all my documents on my case which according to a letter HO should have sent to my solicitor and HMCTS by 28th of december.
i asked my solicitor for a copy and she said she has,nt received anything yet and the same answer i got from the HMCTS but i know someone who has managed to get all copies by ringing HMCTS but in my case neither of the them has received anything from HO.
What i can do to get hold of those documents which i think will give me an idea of how to prepare for my appeal as to be honest i find this forum more effective and helpful then my solicitor i have always received help here which i will be grateful forever .

Hi Uzair86,

Did you get new COA from the home office?