Immigrationboards.com

Dear All,

I came to the UK with EEA Family permit expired in May 2012 and started working at the beginning of April.

I posted my EEA 2 application to UKBA on 11/04/12. So far I have never got COA but called them on the first week of May. They had got my documents.

By the third week of May, my employer wanted to know if I got a proof of right to work here so I made a second call and was told I could work.

On 31/05/12, at 9.45 am, my employer asked me to leave the office because UKBA sent them a letter advising the company that it cannot confirm that I have the right to work in the UK.

I made the third call to UKBA on 01/06/12, the lady said UKBA have not yet issued me a COA.

Today, I got a company letter to confirm I am dismissed.


"We will send you a certificate of application, in accordance with European law, as soon as your application has been received and a record has been established. Depending on your circumstances, your certificate of application may or may not give you an entitlement to work in the UK. If you do not have the right to work in the UK, we will send you a 'Questions and answers' sheet explaining why you cannot work."


Actually, I used to stay here with EEA Family Permit and applied for EEA 2 in 2006 and got a Temporary Resident card until 2011. But I got an overseas jobs in 2009 - 2011. And I came back here with the recently expired EEA Family Permit.

Please advise.

Thank you very much.
Nim

The following is very important.

How are you related to your family member (married, durable relationship, child, parent)?
What nationality is your EU family member?
What is your family member doing in the UK (working, student, self-sufficient)?

If you can answer these questions, I will be able to comment more authoritatively on your original post.

Here are the answers:

How are you related to your family member (married, durable relationship, child, parent)?

[u]I have been married for 6 years[/u]

What nationality is your EU family member?

[u]Polish[/u]

What is your family member doing in the UK (working, student, self-sufficient)?

He has worked here for 7 years.

Thank you very much indeed.

Ok, in that case you are the family member of an EU national who is exercising treaty rights in the UK.

You have the right to work irrespective of whether you hold any particular form of documentation.

Article 23

Related rights
Irrespective of nationality, the family members of a Union citizen who have the right of residence or the right of permanent residence in a Member State shall be entitled to take up employment or self-employment there.

Article 25

General provisions concerning residence documents
1. Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, has entitlement to rights may be attested by any other means of proof.

Nim wrote:...So far I have never got COA...

It should have been issued immediately.

Nim wrote: I posted my EEA 2 application to UKBA on 11/04/12.

So you have waited almost two months! That is not immediately.

Nim wrote: Today, I got a company letter to confirm I am dismissed.

What (in outline) did the employer's dismissal letter say? Did it give reasons for the dismissal.

Nim wrote:... because UKBA sent them a letter advising the company that it cannot confirm that I have the right to work in the UK...

Did you get sight of this letter? How do you know it exists?

Thank you very much for your kind answers including very usfeul information.

The company letter saying:

" As you were not able to provide documentary evidence that you are able to work in the UK, and as the Border's Agency has advised the company that it cannot confirm that you have the right to work in the UK, it is with regret that I inform you the company has no option but to end your employment. According, you are dismissed with immediate effect."

If your husband is living in the UK in accordance with the EEA regulations, you can too be here too.

It is possible that you could sue your ex-employer for unfair dismissal and seek compensation from the border agency for (1) failing to issue the COA immediately and (2) for providing your ex-employer with incorrect information.

Don't let this go unchallenged.

This has caused my career and financial loss.

As mentionned above, I got the first EEA family permit in 2006 and later RC for 5 years until 2011.

Before I re-entred the UK, I sent a letter to HO asking if I could come back with that EEA family permit 1 month before the expiry date. I was advised to apply for another EEA family permit.

I explained to the British Embassy where I applied for the 2nd EEA FP that I worked outside the UK and my husband visited me 4 times during my 2 years of overseas employment and also provided them the evidence. And I came back to visit my husband in 2010 before my 2nd overseas job. If they were not satisfied, they would refuse my application.

Please could you advise me what I should do.

Nim wrote: Please could you advise me what I should do.

Complain to the border agency for mishandling your case.

Sue your ex-employer for unfair dismissal.

The complaint to the border agency can be made to this address

NWCSU@homeoffice.gsi.gov.uk

Today, I have got the company letter dated on 31 May.

It is also written:

You do have the right to appeal this decision. If you would like to appeal, please send your written grounds of appeal to me in the first instance on or before 6 June 2010.

Actually, I 'd like to say the company just have followed the law. They allowed me to work after my EEA FP was expired on 22 May 12 until they got UKBA's advise on 31 May 12, I was asked to leave the office immediately.

I will send the complaint to NWCSU@homeoffice.gsi.gov.uk and update my case later.

Thank you very much for your time, great advices and important information.

Nim wrote: It is also written:

You do have the right to appeal this decision. If you would like to appeal, please send your written grounds of appeal to me in the first instance on or before 6 June 2010.

This is the letter from your employer?

If so, I would suggest you do the following. State that you do indeed have the right to work in the UK and that this fact will be established in due course.

You might offer them an interim solution such as that you are prepared to be be suspended on full pay pending full investigation. State that you reserve the right to take your case to an employment tribunal.

This will make interesting reading for you.

http://www.freemovement.org.uk/2011/12/ ... dismissal/

You mention that you worked overseas. Was this for the same employer?

How long had you worked for the employer that dismissed you?

I worked under employment contracts for different companies and in different countries.


I just started working with the company who dismissed me in April. I had worked there only for two months.

At first, my ex employer offered me 2 month contract from April and would conclude on 22 /05/12 on which my EEA FP was expired.

On 21/05/12, I was asked to call UKBA to issue a proof of right to work in the UK.

I did and was told by the UKBA lay that "go on, go on, you can work here". I told her I needed the evidence. She advised me to ask my employer to contact Employer Services Agecy.

HR Manager told me Employer Services Agency advised her to ask me to contact UKBA.

As a person who does not require leave to enter the UK, you can work. Part of the solution is knowing your rights. I hope they are clear to you.

On 21/05/12, my ex manager told me my contract was extened to September 2012.

HR Manager said she would sort it out.

On 31/05/12, HR Manager told me to come home and search for document to proof my right to work. I said only COA would help. HR manager and my ex manager knew I made 2 calls to UKBA without success.

I was not allowed to stay in the office but asked to back to meet HR manager and my ex manager at the office at 2.30 pm on 31/05/12.

After my return to the office meeting room, she asked if I got anything new helpful. I said I didnt go home to find the document she wanted because I didnt have it. She asked if I called UKBA, I said no and that the UKBA staff has no authority to help me.

On 01/06/12, I made the 3rd call to UKBA and was recommended to send the complaint to ukbacustomercomplaints@homeoffice.gsi.gov.uk

And I did it on the same day.

Nim wrote:At first, my ex employer offered me 2 month contract from April and would conclude on 22 /05/12 on which my EEA FP was expired.

On 21/05/12, I was asked to call UKBA to issue a proof of right to work in the UK.

I did and was told by the UKBA lay that "go on, go on, you can work here". I told her I needed the evidence. She advised me to ask my employer to contact Employer Services Agecy.

HR Manager told me Employer Services Agency advised her to ask me to contact UKBA.

You must complain about the delay to COA being issued. Record any loss of earnings and expenses you incur in sorting all this out.