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Can we work while our appeal is pending?
Posted: Sat Sep 24, 2016 12:29 am
by Feraferinha
Dear all, Good Evening..
If someone could please give me an advice regarding my visa application, it would very appreciated.
I am Brazilian, married to a EU citizen. We got married in November 2015, 2 months later in December 2015, I sent the application to the Home Office in order to get a resident card. On the 26th of January 2016 I received a letter from the Home Office allowing me to work in the UK while my application was being considered.
In June 2016, the application was refused. As I had the right to appeal, that's was I did.
My question is, Can I still work now? Even if the first letter is out of date.
Many Thanks.
Re: Can we work while our appeal is pending?
Posted: Sat Sep 24, 2016 12:48 am
by Obie
You are allowed to work. If your COA expires, you can apply for it to be renewed.
Re: Can we work while our appeal is pending?
Posted: Sat Sep 24, 2016 12:57 am
by vinny
Why did they refuse your application?
Re: Can we work while our appeal is pending?
Posted: Sat Sep 24, 2016 1:02 am
by Obie
vinny wrote:Why did they refuse your application?
Interesting point, just incase it is one of those Bilal type cases.
Re: Can we work while our appeal is pending?
Posted: Sat Sep 24, 2016 1:22 am
by Feraferinha
Many thanks for your promptly reply.
Obie, what do you mean by COA? Apologies for my lack of knowledge regarding this.
Vinny, the HO stated that my application was refused because they could not contact anyone from my husband's (who's my sponsor) workplace.
Again, thank you very much for the attention.
Re: Can we work while our appeal is pending?
Posted: Sat Sep 24, 2016 1:24 am
by Obie
COA is the documents they send you confirming your right to work. It is an acronym for Certificate of Application, issued under regulation 17 (3).
Re: Can we work while our appeal is pending?
Posted: Sat Sep 24, 2016 1:55 am
by vinny
Feraferinha wrote:Vinny, the HO stated that my application was refused because they could not contact anyone from my husband's (who's my sponsor) workplace.
Very odd. It could be a simple matter of a caseworker dailing an incorrect telephone number. Should be/have been easily fixed?
Re: Can we work while our appeal is pending?
Posted: Sat Sep 24, 2016 9:35 am
by Feraferinha
vinny wrote:Feraferinha wrote:Vinny, the HO stated that my application was refused because they could not contact anyone from my husband's (who's my sponsor) workplace.
Very odd. It could be a simple matter of a caseworker dailing an incorrect telephone number. Should be/have been easily
Yes Vinny. We also provided the owners mobile number I don't think they even attempted that. We just sent a letter to the tribunal requesting an update letter allowing me to work.
I'm just afraid someone would come to my work and something to me ie deport me.
thank you very much Vinny.
Re: Can we work while our appeal is pending?
Posted: Sat Sep 24, 2016 11:10 am
by noajthan
Feraferinha wrote:Yes Vinny. We also provided the owners mobile number I don't think they even attempted that. We just sent a letter to the tribunal requesting an update letter allowing me to work.
I'm just afraid someone would come to my work and something to me ie deport me.
thank you very much Vinny.
EU applicants don't get deported; they may be subject to
administrative removal - but there is a due process to be followed for that.
You have the full weight and power of EU law behind you as your sponsor is a qualified person.
You will not and cannot be removed just because you do not possess an optional and purely
confirmatory document (RC).
Whether your employer understands you still have a right to work (which you do) is another matter.