COA about to expire. Can i carry on working?

[hope1976]

Hello all,

I applied for a RC as a spouse(married) of an EU national exercising treaty rights by working. Sent EEA2 app early October and received COA allowing me to work end of October. It's now 6months and no RC.

Just reread COA and it states that employers must ask for a passport after 6months. Well, am very confused now as i do not know if am allowed to carry on working or not. Will my employers ask for the passport, if they do am snoookered.
I know under EC law am allowed to work as a spouse of an EU national, but how do i prove that?

Any advice please?

[EUsmileWEallsmile]

You application is over six months. Complain like crazy. It must be issued within six months by law.

[hope1976]

You application is over six months. Complain like crazy. It must be issued within six months by law.

I tried complaining over the phone but it was the CS department who were clueless about what is was going on with my app. Sent an email complaint and am just waiting to hear back.

What is the best way to get them to give me answers as to what is happening with my app?

[EUsmileWEallsmile]

You application is over six months. Complain like crazy. It must be issued within six months by law.

I tried complaining over the phone but it was the CS department who were clueless about what is was going on with my app. Sent an email complaint and am just waiting to hear back.

What is the best way to get them to give me answers as to what is happening with my app?

Write them a letter, send it by recorded delivery. State that your application is past due and that your job is at risk. Mark it for urgent attention.

[hope1976]

Well i have already sent 2 email complaints to 2 separate departments and will also send letter complaints tomorrow.
I was speaking to my in-laws last week and they were shocked that an applicants passport can be held for over 6 months without even an update.
It's a hard-knock life is all i could say.

[EUsmileWEallsmile]

Keep making noise until you get satisfaction. Don't take no for an answer. The law says six months.

You could have started making a fuss and asking for priority after three months. Make up for it now.

[hope1976]

Many thanks for the advice.

my COA expires this week. Does this mean am no longer allowed to work?

[Jambo]

You are still allowed to work if you are married to EEA national exercising treaty rights. Your rights are not dependent on having a document confirming that.

If your employer would ask for proof, ask tell to call the HO employer helpline. They should confirm that you are allowed to work even if the CoA is expired.

As for getting the RC, write a complain email to NWCSU@homeoffice.gsi.gov.uk and also request your passport back by sending an email to LiverpoolEuro.PassportReturns@ukba.gsi.gov.uk the request for the passport should force someone to look at your application and hopefully realising that it's overdue.

[ryan_knight1983]

Jambo is correct with having an eea family permit you are allowed to live and work in the UK for as long as you wish even with out applying for the EEA2. The Vaild time on the family permit is for the amount of time it's valid to enter the UK with out trouble. I myself am on an EEA family permit that has expired approx. 6 months ago and am still working and living here with no trouble with anything (but if you're planning on leaving and re-entering the UK I recommend bringing "council tax, pay slips "your wifes to show she's still executing her Treaty rights", marriage certificate, and anything that could show you two are still living together.

[hope1976]

You are still allowed to work if you are married to EEA national exercising treaty rights. Your rights are not dependent on having a document confirming that.

If your employer would ask for proof, ask tell to call the HO employer helpline. They should confirm that you are allowed to work even if the CoA is expired.

As for getting the RC, write a complain email to NWCSU@homeoffice.gsi.gov.uk and also request your passport back by sending an email to LiverpoolEuro.PassportReturns@ukba.gsi.gov.uk the request for the passport should force someone to look at your application and hopefully realising that it's overdue.

Thanks Jambo.

I have in the past requested our marriage certificate back because my wife wanted it for a consulate appointment to change her name on passport. I thought that would force them to process my app as it was already 4 months at the time.
I have sent complaints to both email addresses. I do not want to risk asking for my passport back incase it comes without the RC.

Other than raising complaints i don't know what else to do.

[Jambo]

What was the response to your emails? The NWCSU is quite good in dealing with complaints.

I don't think you would risk anything by asking a passport back after the 6 months are due.

[hope1976]

NWCSU emailed and said complaint would be dealt with in 20days. Only 5days gone so far.

[EUsmileWEallsmile]

Jambo is correct with having an eea family permit you are allowed to live and work in the UK for as long as you wish even with out applying for the EEA2. The Vaild time on the family permit is for the amount of time it's valid to enter the UK with out trouble. I myself am on an EEA family permit that has expired approx. 6 months ago and am still working and living here with no trouble with anything (but if you're planning on leaving and re-entering the UK I recommend bringing "council tax, pay slips "your wifes to show she's still executing her Treaty rights", marriage certificate, and anything that could show you two are still living together.

The problem is not so much being in the country legally or not...

The practical problem is convincing an employer with ever tighter employment restrictions that he can employ you without risking a fine.

[ryan_knight1983]

I had the same problem before with my current employer what i did to explain to them that i was legally allowed to work was forwarded them:


http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/


And put in a special quote of "Do you need to apply?

You do not need to obtain documents confirming your right of residence in the UK if you are a family member of an EEA national.

However, you may be inconvenienced if you do not obtain this confirmation, as:

you may have difficulty proving that you are lawfully resident in the UK;
if you leave the UK, you will usually need to obtain an EEA family permit before returning here, in order to guarantee readmission as the family member of a qualified EEA national; and
you may find it difficult to obtain or change employment.

Choose a heading below to show more information." And sent them a copy of my wifes p45

[ryan_knight1983]

Oh and also i included a copy of my marriage certificate and wife's passport most companies just need something for there records and if you bin bard them with documents that prove you're allowed to work they will back off

[EUsmileWEallsmile]

Oh and also i included a copy of my marriage certificate and wife's passport most companies just need something for there records and if you bin bard them with documents that prove you're allowed to work they will back off :P

You sound like quite a forceful character and perhaps have a sensible employer who recognised that you were entitled to work. Many other employers will follow home office guidance on illegal working and will only accept the documents specified.

[EUsmileWEallsmile]

Jambo is correct with having an eea family permit you are allowed to live and work in the UK for as long as you wish even with out applying for the EEA2. The Vaild time on the family permit is for the amount of time it's valid to enter the UK with out trouble. I myself am on an EEA family permit that has expired approx. 6 months ago and am still working and living here with no trouble with anything (but if you're planning on leaving and re-entering the UK I recommend bringing "council tax, pay slips "your wifes to show she's still executing her Treaty rights", marriage certificate, and anything that could show you two are still living together.

With regards to re-entering the UK...

I understand from your other post that you are Canadian. You are not a visa national. You will have far less difficulty getting to a UK border than a visa national with expired family permit.

[ryan_knight1983]

Well i also showed them the Eea family permit and showed the area manager and explained to them exactly what a Eea family permit was and seeing as that Im a site manager they don't want to lose me.

[hope1976]

Oh and also i included a copy of my marriage certificate and wife's passport most companies just need something for there records and if you bin bard them with documents that prove you're allowed to work they will back off

You sound like quite a forceful character and perhaps have a sensible employer who recognised that you were entitled to work. Many other employers will follow home office guidance on illegal working and will only accept the documents specified.

With employers and agencies not wanting to be hit with big fines, they will follow home office guidance on illegal working.

It also clearly states on the COA that after 6months employers should ask for an employees RC or Permanent RC as evidence of continuing eligibility to take or continue n Employment in the UK.

[ryan_knight1983]

I just explained that Im not here under the UK law but under eu law. Maybe it's cause Im cute

[EUsmileWEallsmile]

Well i also showed them the Eea family permit and showed the area manager and explained to them exactly what a Eea family permit was and seeing as that Im a site manager they don't want to lose me.

Well done and good for you. You might find that an other employer would be less accommodating.

[vinny]

See also Sponsors, paranoia and unfair dismissal.

Start proceedings for compensation from the UKBA for the delay of over six months.

[EUsmileWEallsmile]

See also Sponsors, paranoia and unfair dismissal.

Start proceedings for compensation from the UKBA for the delay of over six months.

Excellent post Vinny, the link was very interesting.

[hope1976]

See also Sponsors, paranoia and unfair dismissal.

Start proceedings for compensation from the UKBA for the delay of over six months.

Many thanks for the link Vinny.

Other than raising a complaint and waiting for them to respond, what can i do to get UKBA to start giving answers.
Passport Euro in Liverpool never seem to respond to emails anyway. Am hoping NWCSU will come up with answers soon.

[vinny]

Inform them in writing that they are in breach of 17(3) and you will be seeking damages (5.1.8).