COA not issued. WHY????

[Simplicty101]

Hello Everyone,

I am a non-eea person married to an EEA national. We have been separated for a few years but still married. I have two children (one before i got married, one since being married but whilst we've been separted with someone else). I was issued with a residence card back in 2010 for myself and my first child. There were some issues and I was not able to apply for a permanent residency at the expiration of the residence card so I had to reapply for another residence card. This was denied because my husband had a break in treaty right and the home office asked me to leave in May 2015 but I was given the right to appeal. The lawyer I used caused an error and we went pass the date to appeal. Shortly after the missed date the home office turned up at my house and said they are investing my marriage. This is after they had already invited us for an interview in 2010 prior to issuing the first residence card. They did their investigated and confirmed the marriage was real and they issued myself and my son with a card. When they turned up at my house they gave me another opportunity to appeal. I did not take the appeal and was told I had to be signing on until further notice. When they turned up they asked a lot loads of question about my marriage and why we weren't living together. I told them we had separated but still very close but we had both moved on in some ways. I had a daughter with someone else and he also had a child with someone else. Since June 2015 I have been going to the immigration centre to sign on. Fast forward and I made another application for an EEA residence card for myself and my two children with the full support of my husband on the basis that I am still legally a family member of an EEA National. They requested our biometrics which we've done. Recently I received the long Certificates of Application for my two children (8 and 4 yrs old) but nothing for myself. Based on the information I have read I have a legal right to work in the UK until the application has been decided. I guess my question is WHY have they not issued me with any COA at all even though I meet all the criteria AND is there anything I can do??? My lawyers says it's not unsual for the HO to send the letters separately but I'm not comfortable with that explaination. Is that the case do you know?

[noajthan]

You can get a handle on what's being done to you and policy on COAs, here:
https://www.gov.uk/government/uploads/s ... s_v4.0.pdf

[Simplicty101]

Thanks for your reply Noajthan. I have read that document so I know I should be issued with a long COA, although i don't know why I haven't been. I guess the question is under what circumstances would an applicant not be issued with a COA? Because based on that document I have met the criteria and provided everything. I have not broken any law, well, not knowingly at least so it's a bit puzzling for me. Especially since they issued it to an 8 and 4 year olds and not their Mother who is their sponsor.

[noajthan]

Thanks for your reply Noajthan. I have read that document so I know I should be issued with a long COA, although i don't know why I haven't been. I guess the question is under what circumstances would an applicant not be issued with a COA? Because based on that document I have met the criteria and provided everything. I have not broken any law, well, not knowingly at least so it's a bit puzzling for me. Especially since they issued it to an 8 and 4 year olds and not their Mother who is their sponsor.

It may just be delayed.
Noone can say really.
And just because you meet the paper requirements doesn't mean HO will issue you with a long COA (but fact that children received them may be a glimmer of hope).

[Simplicty101]

Thanks again Noajthan.

I will watch out for the next few working days then have my lawyer follow up for a response.

Have a good day.