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Proof of right to work without COA

Posted: Sun Jan 08, 2012 6:11 pm
by Samelamin
Hi

I started a new role in the begining of December with my Tier 1 visa which is valid till July this year.

I got married to my EEA partner in December as well and sent out our documents on the 19th.

I still have not received a COA which could very well be due to the holiday period

however with my probation ending in Febuary and my work currently employing me on my tier 1 visa they might have to let me go in Febuary

So what are my options to prove to them that I dont require a work permit anymore

I was thinking, rather than requesting our documents back I could go to the council and get a copy of our marriage cert along with my partners EEA card and present it to my employers along with a help line number to the home office for them to enquire

That should suffice correct?

I could ofcourse request our documents back but my employers already have a copy of my passport and the marriage cert copy that i should receive will be identical to the one sent to the home office

What are my options guys as I dont want to be let go

It happend to me before back in August because my ex-employers could not give me a temp contract and only do a yearly contract

Posted: Sun Jan 08, 2012 6:54 pm
by Jambo
I expect you get the CoA shorty. The CoA would only states your right to work for 6 months which is what you got on your Tier-1.

I would try to explain to them the situation. I'm surprised they would think they will need to let you go as they should be aware that a tier-1 visa can be extended.

Posted: Tue Jan 10, 2012 10:53 am
by Samelamin
Jambo wrote:I expect you get the CoA shorty. The CoA would only states your right to work for 6 months which is what you got on your Tier-1.

I would try to explain to them the situation. I'm surprised they would think they will need to let you go as they should be aware that a tier-1 visa can be extended.
Unfortunately my old place let me go due to my Tier 1 being a PSW

So I am worried even if i get a COA, it will only say 6 months which I already have through my Tier 1 PSW

Posted: Tue Jan 10, 2012 11:03 am
by Jambo
You might get some encouragement from jrge's post.

Posted: Tue Jan 10, 2012 11:10 am
by Kitty
Samelamin wrote: Unfortunately my old place let me go due to my Tier 1 being a PSW

So I am worried even if i get a COA, it will only say 6 months which I already have through my Tier 1 PSW
How long have you been with your current employer?

If they do let you go, ask them for written reasons for their decision. You may find it worthwhile to take some employment law advice at that time.

Posted: Tue Jan 10, 2012 5:42 pm
by Samelamin
Kitty wrote:
Samelamin wrote: Unfortunately my old place let me go due to my Tier 1 being a PSW

So I am worried even if i get a COA, it will only say 6 months which I already have through my Tier 1 PSW
How long have you been with your current employer?

If they do let you go, ask them for written reasons for their decision. You may find it worthwhile to take some employment law advice at that time.
This is my second month

my old employers let me go because of the visa but they stated that I was not good enough, although everyone in the company knew it was for visa reasons

but because I was still in my probation period they could let me go without breaking the law
Now I am in the same situation, even though I know I am good enough they cant take a risk on me not getting my visa and have me crucial to all the projects

If I was the employers I would rather get rid now and get someone with indefinite leave or anyone that does not require a permit

What is frustrating is that I know I am but I cant prove it

Posted: Fri Jan 20, 2012 11:58 pm
by EUsmileWEallsmile
unfortunately, one needs to be good enough. I don't meant to joke with you, but positive attitude is everything. I would do my utmost to keep a keen, performing, LEGAL, employee. Make yourself one.