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Hello

I am non EU citizen married to an EEA national exercising her Treaty rights as job seeker,I entered the UK with EEA family permit will expire at 26/11/2016,i applied for Residence card at 18 August.
At 07 August i received 'short' COA stating that :" at this stage we are unable to confirm your right to work in the UK,this will depend on the outcome of your application.This because of you have not provided original documentation of all the following : sufficient evidence of your sponsor exercising Treaty rights"
Regarding my wife status as job seeker,I submitted the following support documents:

-original contract with local recruitment agency.
-original Initial assessment with local job shop ( my wife tried to register with jobcentre plus but she was told she can register as job seeker ONLY ONLINE because she does not claim benefits.
- original Naric certificate as prove that my wife holding bachelor degree.
-copies of online job applications and online rejection letters and interviews online invitations.
-copy of her PA/Secretary Diploma as evidence of her efforts to improve her chances of finding an employment.

At 10 of September i wrote letter to the caseworker,unfortunately i did not get any reply then at 20 of September i sent an email requesting reconsideration for the issued CAO and still no answer from Home Office.
I am very confused and worried because i didn't expect this will happen,my wife will start working in October but finding my life to be on hold for 6 months is beyond our capacity.
somebody advised me to withdraw the application and apply with new application through immigration solicitor taking in consideration my wife's new status.
i will appreciate any idea or advise can help me to get out of this difficulty.
Than you all

How long has your spouse been looking for work? There is a limit to how long this counts as exercising treaty rights.

in the 5th of October she will be 6 months as job seeker.

Yanall wrote:in the 5th of October she will be 6 months as job seeker.

That's 10 days away.

Providing that she is not claiming benefits, better if she gets CSI (Comprehensive Sickness Insurance aka private health insurance) for herself and you and thus exercise treaty rights as a self-sufficient person. That should speed things up.

Keep the CSI going and do not claim benefits until she gets a job.

i applied as my sponsor is job seeker, i guess i have done a mistake when i submitted copies of evidence that she is looking for job, but According to EEA (FM) guidance notes – v2.0 – September 2015, Section 17: Sponsor is an EEA national job seeker (looking for work), i can submit copies of job applications,which my sponsor have done online, i submitted copy of her training Diploma, i was not aware- unfortunately- that i can ask for the original documents to be returned back within consideration period ( 6 months).

An EEA citizen can typically only exercise treaty rights as a jobseeker for a maximum of six months if they have worked in the UK before becoming a jobseeker and only 91 days if they have not worked in the UK. So, has your EEA spouse worked in the UK before becoming a jobseeker? If not, then her 91 days of exercising treaty rights expired about the 5th of July.

Go through Jobseekers and retention of ‘worker’ status and Section 4 to 11 of Regulation 6, which is the law that defines what conditions an EEA Citizen jobseeker needs to meet.

secret.simon wrote:An EEA citizen can typically only exercise treaty rights as a jobseeker for a maximum of six months if they have worked in the UK before becoming a jobseeker and only 91 days if they have not worked in the UK. So, has your EEA spouse worked in the UK before becoming a jobseeker? If not, then her 91 days of exercising treaty rights expired about the 5th of July.

Go through Jobseekers and retention of ‘worker’ status and Section 4 to 11 of Regulation 6, which is the law that defines what conditions an EEA Citizen jobseeker needs to meet.

100% i agree with you, but COA did not confirm my right to work due my failure in submitting original documentation of my sponsor exercising Treaty rights,no any word about period of seeking job, other ways HO wouldn't accept my application at first place and will send it back because the base of my application is not valid.right?