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EEA2 Zambrano- Working whilst waiting for appeal

Posted: Tue Nov 25, 2014 8:53 pm
by chrissyevans17
Hello,

I have applied for a derivative residence card following the Zambrano case law. I was issued a certificate of application, allowing me to work whilst the decision was being made. They refused my application as they needed further evidence to show that I am the main carer of my daughter, as my husband suffers greatly from mental health issues. This is no problem for us and we have a massive bundle of evidence to support this. I lodged my appeal and was meant to be heard 13 November, although this has been adjourned until March due to lack of judges.

My employers of course do regular checks on employees rights to work, and when they rang the Home Office to verify mine, they were told I do not have the right to work. This is false as I am indeed allowed to work until all rights are exhausted. As I am awaiting my appeal, I am still entitled to work. I have now been suspended from my job and need to get them something soon before I lose it. My solicitors have filed a complaint with the home office and have requested a new certificate to be sent out, although I fear this is not going to be a quick process. A month before Christmas, and I will likely now be losing my job due to the home offices phone line workers' incompetence. :(

I have searched for something that clearly shows I can work until all rights are exhausted on my application, but have so far been unsuccessful. I am hoping someone on here can help me find something supportive to help me keep my job. I need proof that I am allowed to work until all rights are exhausted on my EEA2 Zambrano application.

Any help and ideas are greatly appreciated!

Thank you in advance.

Re: EEA2 Zambrano- Working whilst waiting for appeal

Posted: Fri Nov 28, 2014 12:46 pm
by appealalready
Hi,

I have not found anything clear on the issue. I was told that we are allowed to continue working while the appeal process is underway.

You may want to look into filing with the CMCC for lost wages.

You can also contact your MP and ask him or her to refer you to the Parliamentary Ombudsman.