COA - No right to work BUT we submitted documents!

[pamadol]

Hi

I think I'm in a somewhat similar situation. Please can someone can give me some advice?

I'm non-EEA, and have been with my EEA partner for 9.5 years. We moved to the UK 2 years ago, and I'm now going through EEA EFM (unmarried partner). We are both working here.

17/8/16 Submitted application
22/8/16 Funds taken from my account
12/9/16 COA and biometrics invitation dated, received 15/9/16
16/9/16 Biometrics completed.

What worries me is the COA letter states:
At this stage we are unable to confirm your right to work in the United Kingdom. This will depend on the outcome of the application. This is because you have not provided original documentation for all of the following:
Evidence of relationship with your EEA national sponsor.


However I original documents, spread over the required 2 year period:
Letters from bank to each of us at our NZ address from 2.5 years ago
Letter from our car insurance in NZ 2 years ago that we were both named drivers
Letter from friend that we stayed with for 3 weeks on arrival in UK, that we stayed at their house free of charge (explaining that we don't have any utility bills or lease agreement from Sept-Oct 2015).
NiNo number letter for each of us at our UK address
Water bills in joint names
Council tax bills in joint names
Tenancy agreement in joint names
Poll card for each of us, showing enrolled at our address
Cell phone contract for him
DVLA letter for him
Contents Insurance letter for him
GP letter for me
TV licences for me
Energy bills for me
2x wedding invitations to us
Holiday evidence (flight and hotel bookings, photographs) from 5 trips over the past 2.5 years

And had thought that with the volume of different evidence, and spread over the required 2 years, that I had well and truly proved this criteria.

So:
Is this a standard letter?
Or should I be very worried, as my entire application rests on proving our relationship?
Is it just that they have not yet reviewed all of the evidence in the application?

Please let me know what I should do??

[noajthan]

Hi

I think I'm in a somewhat similar situation. Please can someone can give me some advice?

I'm non-EEA, and have been with my EEA partner for 9.5 years. We moved to the UK 2 years ago, and I'm now going through EEA EFM (unmarried partner). We are both working here.

...

And had thought that with the volume of different evidence, and spread over the required 2 years, that I had well and truly proved this criteria.

So:
Is this a standard letter?
Or should I be very worried, as my entire application rests on proving our relationship?
Is it just that they have not yet reviewed all of the evidence in the application?

Please let me know what I should do??

EFMs don't get a COA confirming right to work unless they have a current RC or unexpired FP; in which case they are treated as a FM.
If that's the case and still not granted confirmation that can be challenged and corrected.

However if you are a first time applicant with no current RC or FP then you will only get confirmation with issue of RC. Not by COA.

[pamadol]

Thanks noajthan

I'm applying for the first time under this system - up until now I've been on Tier 5 Youth Mobility, which gave me right to work.

My entire application to stay here (not just the right to work) relies on proving our relationship, and they seem to say I haven't done this. So that does worry me!
Surely the documents I've provided should be sufficient, though I can provide more if required.

Should I just be patient and wait until they review the whole application?
Or is there anything I can do meantime?

[noajthan]

Thanks noajthan

I'm applying for the first time under this system - up until now I've been on Tier 5 Youth Mobility, which gave me right to work.

My entire application to stay here (not just the right to work) relies on proving our relationship, and they seem to say I haven't done this. So that does worry me!
Surely the documents I've provided should be sufficient, though I can provide more if required.

Should I just be patient and wait until they review the whole application?
Or is there anything I can do meantime?

You've probably got a boilerplate response full of generic text.
The point is, as a first-timer with no prior EU rights, you won't have right to work confirmed until RC is issued.

[Noddie09]

Hi Pamadol,

I am in the exact same boat as you however we're yet to apply. Has your tier 5 expired yet? Have you been able to work? We can't afford for one of us not to be working for 6 months.

I don't know why the RC should take so long to arrrive. Any tips you would have is much appreciated. It sounds like everything happened pretty nicely for you guys. When did you apply? How long has it been now?

Thanks,

[pamadol]

Hi Noddie09

I found it so tricky to know which visa and form to apply under. The government website seemed to keep taking me in circles, and none of them sounded like my situation. I saw an immigration advisor to find out where to start, but have done the application myself under EEA EFM (I'm non EEA, and the unmarried partner of an EEA).

The advisor told me to apply a month or two before Tier 5 expired, but failed to mention that I might not be able to work between that expiry and the new visa, which now sounds like it might be the case. So I'm not sure if I would back up that time frame...
Maybe someone else on here can give better advice?

It's taken about a month from when I posted the application, to get the COA and letter to go for biometrics.
The COA letter says it will take up to 6 months from now for a decision on the Residence Card.
So it is far from quick.

My advice:
It does take a long time to work the 70 odd page application, but even longer to organise the other evidence, so start collating the other documents early.

[Noddie09]

Hey Pamadol,

Thank you very much for your quick reply. It seems like everyone is really switched on here and just wants to make the process as easy as possible for everyone.

Was your COA just a generic letter that everyone else appears to be receiving? I'm more than happy for the process to take 6 months to be honest, it's just the lack of work that will kill us. The 6 months doesn't start until you receive the COA as well, is that correct?

I can't believe they don't offer a premium service to be honest. If it's going to be this difficult, I think we may just end up moving to Australia permanently.

I've contacted a few Immigration lawyers, they appeared to know even less than me and were more than happy to promise me the world for a £1000 fee.

I will be following your tread very closely over the coming months. I have contacted the Home Office numerous times asking questions about the EFM and COA with work. They said every case is unique and some EFM cases do receive COA with work. I just need to know what we must prove to gain it?

[noajthan]

Hey Pamadol,

Thank you very much for your quick reply. It seems like everyone is really switched on here and just wants to make the process as easy as possible for everyone.

Was your COA just a generic letter that everyone else appears to be receiving? I'm more than happy for the process to take 6 months to be honest, it's just the lack of work that will kill us. The 6 months doesn't start until you receive the COA as well, is that correct?

...

I will be following your tread very closely over the coming months. I have contacted the Home Office numerous times asking questions about the EFM and COA with work. They said every case is unique and some EFM cases do receive COA with work. I just need to know what we must prove to gain it?

EU migration route is a walk in the park compared to UK route for long-suffering Brits and their non-EEA families.

Clock starts from enrolment of biometrics.

UK is leaving EU remember, why would you expect any kind of 'service'.
What you get in UK on EU migration route is what has been transposed into UK law from EU law.
That is a UK version or paraphrasing or approximation of EU law and the Directive (plus a seasoning of related case law built-in on top).

[pamadol]

Hi Noddie09

Just in case you are checking back here:
Turns out the advice I had from an immigration adviser was absolute rubbish (and it was a Level 3 adviser, so I expected them to know their stuff).
Definitely don't wait until 1-2 months before expiry of your Tier 5 before applying for EEA EFM, assuming that's what you'll be applying under. It's becoming very stressful to find any solution from here.

Please start yours early, and make sure you get good advice

[noajthan]

I will be following your tread very closely over the coming months. I have contacted the Home Office numerous times asking questions about the EFM and COA with work. They said every case is unique and some EFM cases do receive COA with work. I just need to know what we must prove to gain it?

If an EFM has a FP or existing RC (ie EEA-related document confirming a current right to work) then a subsequent RC may confirm right to work.
HO may not issue this by default, it may take some argy bargy but an applicant in such a scenario is entitled to this; whereas a first-time EFM applicant for RC is not.