Non-EEA Spouse PR application - COA Unable to Confirm Work

[themoviejerk]

Hello,

Since this forum has been incredibly helpful in steering my application, I’d like to post my situation, see if I could get some helpful info from you guys.

I’m a non-EEA spouse (Filipino) and my partner is an EU citizen (Czech). I’ve made my Permanent Residence application last December, as it’s now my fifth year residing in Britain with an EEA family permit. My partner and I are currently living together.

I’ve given all of 5 years’ worth of documents (and more, as I’ve been staying in UK for nearly 9 years in total), as well as all of my partner’s documents.

The only thing missing is my partner’s passport, as he couldn’t send it to the home office, as he needs it for work travel and business purposes.

Now, I’ve received my COA (unable to confirm work) and Biometrics enrolment.

I am worried that the lack of my partner’s passport might affect my right to acquire the permanent residence.

Does anyone have a similar situation?



Here’s my timeline:

PR APPLICATION LODGED: 22 December 2016

PAYMENT TAKEN: 27 December 2016

COA LETTER (unable to confirm work) RECEIVED: 13 January 2017

BIOMETRICS ENROLMENT LETTER: 13 January 2017

BIOMETRICS ENROLLED: 16 January 2017

PR CARD: ——



Thank you all,

Janz

[noajthan]

You need to prove partner's id and nationality.
If you say you cannot submit passport could you have submitted EU id?

HO plays hard ball and PR guidance states that sight of original passport is required except in cases outside your control.
Holding onto passport merely for convenience of travel may or may not be deemed to fall out of your control.

However there is case law of Barnett which may help if HO has had sight of EEA sponsor's passport in a previous application ?( RC?).

See https://www.gov.uk/government/uploads/s ... Law-v3.pdf
- page 57+

[themoviejerk]

Hi there,

I'm just going through a similar situation!

Which address did you sent your letter/email to correct the COA to? I'd need to write to them, too.


Thank you!

Janz

[themoviejerk]

Hi there, thanks for the response!

We've submitted photocopies of his passport and Residence Card.

My partner's work requires him to travel to Germany/Switzerland and back, and he'd need his passport in the next few months. We did write in the box of reason, it's completely beyond my control as he needs to work. He doesn't have an EU ID. He has a driving license.

And the home office has certainly seen this passport, as he applied for RC 5 years ago.

And more importantly, can I still send Liverpool Home Office additional documents like his driving license perhaps?


Thank you.

[noajthan]

Hi there,

I'm just going through a similar situation!

Which address did you sent your letter/email to correct the COA to? I'd need to write to them, too.


Thank you!

Janz

You will not got 'correction'' as you failed to provide key documents.

[noajthan]

Hi there, thanks for the response!

We've submitted photocopies of his passport and Residence Card.

My partner's work requires him to travel to Germany/Switzerland and back, and he'd need his passport in the next few months. We did write in the box of reason, it's completely beyond my control as he needs to work. He doesn't have an EU ID. He has a driving license.

And the home office has certainly seen this passport, as he applied for RC 5 years ago.

And more importantly, can I still send Liverpool Home Office additional documents like his driving license perhaps?

Thank you.

Whether caseworker accepts such reasoning at face value remains to be seen. Unlikely in light of their guidance (although that is not the law).

You will have to invoke Barnett if you face refusal.