ECS CHECK RETURNED NEGATIVE

[bobimma]

Hello people, please I need an urgent advice from good people on this forum. I applied for Non EEA permanent residence card in June 2017 having spent five years on EEA2. I got COA from home office in September, thereafter I gave my employer the COA to conduct an ECS check to confirm my right to work. Unfortunately my employer rang me yesterday to inform me that it returned back negative with the reason that states "we recieced an EEA application however this application has since been refused".

This is strange as I have not received any letter from Home office. I really don't know what to do next as I am about being fired from work.

Please advise if you have a similar experience or know any way out. Thanks

[Obie]

If application is refused, then COA is still valid for as long as a right of appeal can be exercised, and time limit for exercising that right has not elapsed.

Did you send a pre paid special delivery envelope with the letter, and have you checked it online?

[bobimma]

Thanks for your reply. Infact the irony of it is that my application appeared as decided since 27 September 2017. I called Home office after 10 working days to make enquiries as to why I have not received any pack. I was informed that it was an error that infact my application is still in process and that it will take 6 months for them to make a decision. But strangely in less than 24 hours after I was informed that my application is still process my ECS check came back as negative saying that my application has been refused. Too many confusion on their part. I don't even know who to believe.

Let me also add that the first email for the ECS check came with positive response but just within an hour a counter email was recieced advising that the previous email be ignored and this time around it came with negative response.

Yes I added a returned envelop and I have tracked and nothing is showing. So strange.

[malik89]

Hello bobbimma,

After reading your post i can assume home office will call you for interview together with your wife.

This is same happened to me in couple of days time.
As our case was decided 19th September and we have applied together for PR.

But after 10 working days when i contacted home office about our aplication as we didnt received anything and then they send us an email saying our application is still in process.

And later home office called us and said please check your email accordingly and when we have cheaked it .
They were asking to come for interview 20th October which is next Friday.
We are going for interview and we have been living together from last 6 years.

[Obie]

Well it is clearly inconsistent with their policy for them to write and say your application has been rejected and hence you are not permitted to work.

You only ceased for having a right to COA once deadline for filing an appeal has elapsed, unless of course they are suggesting your application was invalid.

[bobimma]

Well it is clearly inconsistent with their policy for them to write and say your application has been rejected and hence you are not permitted to work.

You only ceased for having a right to COA once deadline for filing an appeal has elapsed, unless of course they are suggesting your application was invalid.

I have not received any pack talk more making an appeal. The lady on phone said application is in process. Please what do u think I should do now to resolve this impasse. Thanks

[Obie]

You need to send a Pre Action protocol, threatening legal action if you loose your job. At least that is the only remedy open to you.

[bobimma]

You need to send a Pre Action protocol, threatening legal action if you loose your job. At least that is the only remedy open to you.

Ok. Thanks. I get my Lawyer to do that ASAP. But Please from your experience do u think the application has indeed been refused or could be that it is error, this is given the fact that I was informed that the application is still in progress