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Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Jambo
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Post by Jambo » Tue Apr 17, 2012 7:51 pm

presido007 wrote: the question is, can she exercise her treaty right as a part time worker?
Yes. It doesn't need to be full time job to considered as worker. This would also mean CSI is not required.

presido007
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Post by presido007 » Tue Apr 17, 2012 8:17 pm

thank you Jambo for quick response, I have another question that has also been bothering me, my eea national applied for her yellow card, that she was exercising her treaty right as a student in February 2007 but she did not start school until September 2007, even though the letter from the university she submitted for the yellow card application then did state that she will start Universiry in September 2007. when the HO sent her yellow card, it show she was exercising her right as a student from Frebruary 2007 even though her course enrolement letter from the University she submitted for her application for yellow card then show start date September 2007.

Now, am I right to have started count from February 2007, since the yellow card she was given shows her treaty right started 16th February 2007 or should I have started counting from September when she started University. I just hope HO will not say her treaty right started September 2007 since she started school in September.

Jambo
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Post by Jambo » Tue Apr 17, 2012 8:28 pm

You said she was also working in 2007. Did she work from February till September? If she did (even part time), then the HO can't claim she did not exercise treaty rights.

presido007
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Post by presido007 » Tue Apr 17, 2012 8:48 pm

Jambo wrote:You said she was also working in 2007. Did she work from February till September? If she did (even part time), then the HO can't claim she did not exercise treaty rights.
yes, she has been working as part time since November 2006 but she decided to study and she applied for yellow card in Februry 2007 and she was issued a yellow card within two weeks of her application in February 2007 but she carried on working as part time untill she started university in September 2007 and was doing her part time work also studying. now the problem is, she is a romanian citizen she needed permission from the HO to work but because she came to UK as my dependant in November 2006 she could work without permission because she had dependant visa as my spouse then, because I had student visa then, untill we decided to change our status to EEA route because it was easier.

presido007
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Post by presido007 » Sat Apr 21, 2012 12:11 pm

I received email from my employer yesterday demanding for COA. :(
I have sent four emails, two letters and several calls to HO still no joy.
previously HO would always tell me that they can't find my application on their system anytime I give them barcode from the post office, but my last call, I was told they received my application on the 19/03/2012, does that mean atleast they have it on there system now or what does that mean?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Apr 21, 2012 5:10 pm

Sounds like it is on their system then. Keep at them. COA required for work, employer demanding it. Don't take no for an answer.

Jambo
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Post by Jambo » Sat Apr 21, 2012 5:20 pm

presido007 wrote:I received email from my employer yesterday demanding for COA. :(
As you have a valid RC (even if expire shortly), you can ask your employer to contact the HO employer helpline to verify your right to work.

presido007
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Post by presido007 » Sat Apr 21, 2012 5:50 pm

Jambo wrote:
presido007 wrote:I received email from my employer yesterday demanding for COA. :(
As you have a valid RC (even if expire shortly), you can ask your employer to contact the HO employer helpline to verify your right to work.
Jambo, the problem is that, my employer does not want to go through the process of verification by calling HO. secondly, if my employer agrees to call HO, I am scared that it might even make things worse because some of these guys at HO doesn't know anything about EU regulation, they might mis-inform my employer and making the matter worse. or what do you think?

presido007
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Post by presido007 » Sat Apr 21, 2012 5:58 pm

my RC will expire April 30 2012, which is next week.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Apr 21, 2012 7:33 pm

How do you know that your employer does not want to go through the process of verification?

If you are dismissed, you would have a case for unfair dismissal.

That said, keep at the HO until you get your COA.

presido007
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Post by presido007 » Sat Apr 21, 2012 7:40 pm

EUsmileWEallsmile wrote:How do you know that your employer does not want to go through the process of verification?

If you are dismissed, you would have a case for unfair dismissal.

That said, keep at the HO until you get your COA.
On Monday I will email the HR to call HO and verify, I hope they are not mis-informed by HO

Jambo
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Post by Jambo » Sat Apr 21, 2012 7:42 pm

I would call the HO and demand to be transferrred / given the direct number of the unit/department that issues the CoA. I would then explain the situation and request the CoA to be faxed/emailed within 24 hours. Explain that you have contacted the HO several times and if they keep ignoring your requests and fail to provide the CoA on time, you will take legal action and seek compensation.

presido007
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Post by presido007 » Sat Apr 21, 2012 8:08 pm

Jambo wrote:I would call the HO and demand to be transferrred / given the direct number of the unit/department that issues the CoA. I would then explain the situation and request the CoA to be faxed/emailed within 24 hours. Explain that you have contacted the HO several times and if they keep ignoring your requests and fail to provide the CoA on time, you will take legal action and seek compensation.
am not sure how possible it is to speak directly with the guys that issue CoA, I would have loved to but the problem is that these guys that answer phones from HO can be very rude and clueless sometimes, they might not want to transfer me.

Jambo
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Post by Jambo » Sat Apr 21, 2012 8:16 pm

There is no such thing as impossible.
Even the word itself says 'I'm Possible.'
-Audrey Hepburn

presido007
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Post by presido007 » Sat Apr 21, 2012 8:32 pm

Jambo wrote:There is no such thing as impossible.
Even the word itself says 'I'm Possible.'
-Audrey Hepburn
LOL...... thank you Jambo, that is very encouraging, I will definetly call HO on Monday.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Apr 21, 2012 8:37 pm

presido007 wrote:
EUsmileWEallsmile wrote:How do you know that your employer does not want to go through the process of verification?

If you are dismissed, you would have a case for unfair dismissal.

That said, keep at the HO until you get your COA.
On Monday I will email the HR to call HO and verify, I hope they are not mis-informed by HO
Even if they are misinformed and you suffer consequences at the hands of your employer, you would have a case against both UKBA and your employer. You are entitled to work in the UK. Just remember that.

presido007
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Post by presido007 » Mon Apr 23, 2012 5:59 pm

Thank God I followed the advice of EUsmileWEallsmile and Jambo, who encouraged me to asked my employer to call HO. (Impossible.....means I'm possible)... Jambo remember? it worked.

today, I received email from the HR saying by Thursday, this week, I will be unable to have assess to any of my company's systems and I will need to hand in my I d card, the email was nerve recking. anyways, I was confused, then I decided that I was not going to reply HR instead I called HR and a very nice lady picked, to cut the long story short, I was able to convince her to call HO. after 15 minute, the lady from HR called me and told me that HO was happy for them to accept a copy of the royal mail receipt and the recorded delivery barcode I got from royal mail as evidence of application, but then my employer will need to check the barcode on royal mail website, and use the barcode to track the application, if the tracker shows that the application was sent to HO Liverpool then it should be accepted as evidence of application.

well, the good news is that my employer said that the royal mail receipt and barcode (evidence of application) I gave them will cover me for another six months to continue working, hopefully my PR will be issued within six months.

I cant believe it could be as simple as this!

Jambo
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Post by Jambo » Mon Apr 23, 2012 6:09 pm

Good to hear that it all worked out.

Based on other people timelines, you would probably get the CoA in 2 weeks and the PR in 2 months.

Also, once your spouse gets the PR, you can relax as it would mean you should also get the PR.

presido007
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Post by presido007 » Mon Apr 23, 2012 6:18 pm

Jambo wrote:Good to hear that it all worked out.

Based on other people timelines, you would probably get the CoA in 2 weeks and the PR in 2 months.

Also, once your spouse gets the PR, you can relax as it would mean you should also get the PR.
I have cross the first huddle, atleast I will wait for my PR with ease not worrying about loosing my job. I know my PR will come before the expiration of the six month. thank God, I dont have any holiday planned.

Big thank you to Jambo and EUsmileWEallsmile, you guys are huge asset to this forum.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Mon Apr 23, 2012 8:41 pm

presido007 wrote:Thank God I followed the advice of EUsmileWEallsmile and Jambo, who encouraged me to asked my employer to call HO. (Impossible.....means I'm possible)... Jambo remember? it worked.

today, I received email from the HR saying by Thursday, this week, I will be unable to have assess to any of my company's systems and I will need to hand in my I d card, the email was nerve recking. anyways, I was confused, then I decided that I was not going to reply HR instead I called HR and a very nice lady picked, to cut the long story short, I was able to convince her to call HO. after 15 minute, the lady from HR called me and told me that HO was happy for them to accept a copy of the royal mail receipt and the recorded delivery barcode I got from royal mail as evidence of application, but then my employer will need to check the barcode on royal mail website, and use the barcode to track the application, if the tracker shows that the application was sent to HO Liverpool then it should be accepted as evidence of application.

well, the good news is that my employer said that the royal mail receipt and barcode (evidence of application) I gave them will cover me for another six months to continue working, hopefully my PR will be issued within six months.

I cant believe it could be as simple as this!
I'm glad it's worked out.

I'm pretty shocked at the attitude of your employer's HR department with regards to the terms of the initial email.

presido007
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Post by presido007 » Mon Apr 23, 2012 8:49 pm

I never knew ordinary post office receipt could do the magic. but why is it that so many people in this forun didn't know this about post office receipt as evidence of application?

Jambo
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Post by Jambo » Mon Apr 23, 2012 9:27 pm

presido007 wrote:I never knew ordinary post office receipt could do the magic. but why is it that so many people in this forun didn't know this about post office receipt as evidence of application?
This would probably only work in certain cases (mainly when "extending" an existing status). It will not work for fresh application when there is no previous record of you and it will not convince new employers to hire you (otherwise I could just send a blank letter to the HO and use that as my proof for 6 months...).

presido007
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Post by presido007 » Mon Apr 23, 2012 9:43 pm

Jambo wrote:
presido007 wrote:I never knew ordinary post office receipt could do the magic. but why is it that so many people in this forun didn't know this about post office receipt as evidence of application?
This would probably only work in certain cases (mainly when "extending" an existing status). It will not work for fresh application when there is no previous record of you and it will not convince new employers to hire you (otherwise I could just send a blank letter to the HO and use that as my proof for 6 months...).
you are right Jambo, but I don't think anyone could have gotten away with sending blank letter, because HO will catch you out if you try that. am sure HO will call the employer if they find out.

presido007
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Post by presido007 » Fri May 04, 2012 8:22 pm

Guys, this now becoming a joke, I sent my application since 17/03/2012 and not even CoA.
Has anybody who applied for eea3 and eea4 in March received their CoA or is it me getting worried unecessarily?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri May 04, 2012 8:33 pm

presido007 wrote:Guys, this now becoming a joke, I sent my application since 17/03/2012 and not even CoA.
Has anybody who applied for eea3 and eea4 in March received their CoA or is it me getting worried unecessarily?
I would agree. Keep at them.

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