settlement VISA - Family member

[tobaktus]

I applied for a Settlement Visa as a family member of an EU national, that was August 2017, till today 13/03/2018 I have not received my Biometric letter. and HO doesn't respond, I even wrote to my Local MP,
yet no one knows anything, and I have been suspended from work since October 2017 so no money.
and I have no idea what to do Next.

if anyone can advise on this I would be grateful .

[CR001]

Did you apply within the UK or from abroad?

What nationality is your EU national sponsor?

What is your relationship to the EU sponsor??

If your sponsor is EU (not British), then settlement visa is NOT the correct visa.

What is your UK immigration history?

[tobaktus]

hi, thanks for your reply,

I applied within the UK, and Im married to a Polish National since 2011.
we came to the UK late 2010. and we live here ever since and I work for the NHS.

[CR001]

Settlement visa is a spouse visa under the UK immigration rules (i.e. spouse of a British citizen).

How much did you pay for the application you made and what form exactly did you complete??

You either need to apply for PR if you qualify or an EEA residence card as the spouse of an EU citizen.

[tobaktus]

Im sorry I think I got lost between all these legal terms, I think we did apply for a PR, but we paid a Solicitor to do it for us, and to be honest she is useless, she caused us more trouble and more stress than HO, not responsive at all.

[CR001]

And have you checked with the solicitors office whether any letters have been received or documents returned??

[tobaktus]

yes, they sent our application back after 6 months, on the ground that they were unable to collect the payment, then solicitor refilled bank info again and sent back to HO that was in Jan.
today I tried to call HO and finally got to some nice lady who took my details then I received and email for an update on the case, they still gave me the date they sent back my application which was back in Jan.

[tobaktus]

[Obie]

How about your employment. Did you get your COA, and is your work okay?

[tobaktus]

How about your employment. Did you get your COA, and is your work okay?

no I still can not work because HO does not give permission to my employer for me to work.

[tobaktus]

My employer keeps asking for a proof that Im allowed to work in the UK, which should come from HO but
the HO did not approve yet nor did get a Biometric notice letter which would help in my case.

[Obie]

How about your employment. Did you get your COA, and is your work okay?

no I still can not work because HO does not give permission to my employer for me to work.

And your lawyer has done nothing about this. It is crazy, as you seem like a person who has a right to work, you should not have to be deprived of this right because of a lawyer.

You must get back to work quickly. What is your employer saying, have they formally dismissed you?

[tobaktus]

Im only suspended at the moment, they should have terminated my contract long ago but they cant afford to lose me thats why they are holding on to me, but my lawyer says she cant do nothing, and to be honest she is not helpful at all, in fact I would go and say that caused us more stress and than the HO and she is not responsive at all, which drives me crazy, which makes me think of suing her.

[Obie]

I find this situation very disheartening, you should not be in this position. Did you tell the NHS that you are a family member of an EEA national?

[tobaktus]

I find this situation very disheartening, you should not be in this position. Did you tell the NHS that you are a family member of an EEA national?

yes they know that, but they say they still need a proof that I can work in the UK, its the law.

[Obie]

Your dismissal is unlawful and you will be able to claim unlawful dismissal or wrongful deductions of wages if you have not been paid.

[tobaktus]

Your dismissal is unlawful and you will be able to claim unlawful dismissal or wrongful deductions of wages if you have not been paid.

Are you sure? is there something in the law to say so? mate I have not been paid since October 2017.
and Im on the edge now, me and my partner we can barely make it day to day, week to week.

[Obie]

I will not tell you if i was not sure.

Also see Okuoimose v City Facilities Management (UK) Ltd (Jurisdictional Points : Fraud and illegality) [2011] UKEAT 0192_11_1309 (13 September 2011)

[tobaktus]

I will not tell you if i was not sure.

Also see Okuoimose v City Facilities Management (UK) Ltd (Jurisdictional Points : Fraud and illegality) [2011] UKEAT 0192_11_1309 (13 September 2011)

Im really grateful for all this information, you just lifted my spirit from the bottomless bit.
sorry if im being greedy , could you possibly point me to a lawyer, if you are a lawyer, and the cost of such cases, you just made my day, but this would be major help.

[Obie]

I believe the first step is to send a PAP to Home Office about the COA.

Then take the Employer to the Tribunal by first getting ACAS involved and receiving a certificate from them.

I hope your wife has been continuously exercising treaty rights.

[tobaktus]

I really appreciate your help, please excuse my ignorance, but Im not sure I understand what is COA, PAP and ACAS .

[Obie]

ACAS= Advisory, Conciliation and Arbitration Service

COA = Certificate of Application, issued to People who apply for Residence Card as proof of their application.

PAP= PRe-Action Protocol. Which is the notification you send to a person you want to make a civil claim or judicial review against, informing them of your intention and advise them of the action you propose to take if they do not change course.

[tobaktus]

Oboe, I'm ever so grateful, I can't thank you enough for all the information you gave me, thank you from the bottom of my heart.