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A.Valcke
A.Valcke, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 740
Experience:  Solicitor 14+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
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.My name is***** am an EEA citizen married with a Filipino citize

Resolved Question:

hi.My name is***** am an EEA citizen married with a Filipino citizen. My wife she is non EEA citizen, so she joined me here in UK with a Family EEA Permit that will expire at the end of this month. We are both working full time, continuous time contract. The employer says they will terminate her contract after 30 January.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  A.Valcke replied 2 years ago.
Customer:

Hello,

Customer:

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Expert:  A.Valcke replied 2 years ago.
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Expert:  A.Valcke replied 2 years ago.
Please could you confirm when you applied for your wife's residence card?
Customer: replied 2 years ago.

I applied for my wife's residence certificate on 9th January (Home Office confirmation date)

Customer: replied 2 years ago.

Home Office bureau sent me a confirmation of receiving the application, dated 9th September, but they only give a reference number, they advice not to contact them about the progress of the application, they said it could take as much time as 6 months but they suppose to state what is the status of my wife, that until the outcome of application she has the right to live and work in UK as long as I'm excising treaty rights as a employee....?

Expert:  A.Valcke replied 2 years ago.

Thanks for confirming.

In about two to three weeks, your wife will receive a certificate of application from the Home Office by post.

She should immediately give this to her employer. This certificate will enable her employer to request a Positive Verification Notice from the Employer Checking Service of the Home Office that should confirm your wife's right to employment pending the issue of her residence card.

Your wife may want to provide confirmation of this to her employer from an authoritative source. I suggest she sends an enquiry to the European Commission service "Your Europe Advice" as they can confirm her rights in an email she can then provide to her employer. It's a free service.

I hope this answers your question.

Kind regards

A. Valcke

Customer: replied 2 years ago.

I already received a paper two days ago but is not called "Certificate of Application" as I read in some forums. It just gives a reference number, it confirms that they passed the application to a caseworker, but besides the name of the applicant and address they don't state the Date of Birth, like they did in other letter to some other applicant. Is this letter the short form of the Certificate of Application? I showed this to my wife's employer, and they said they would contact HO to make some enquirers about my wife's status related to work, based on the reference number that they provided; but they will call only after the visa expires, that put some stress on my wife.

ERRATA: I said in my previous answer the date of letter was 9th September. I suppose to write January. Sorry.

Expert:  A.Valcke replied 2 years ago.
No this is not the Certificate of Application.
What you received was an acknowledgement of receipt of your application.
You should receive this CoA about three to four weeks after the date you applied.
Once you get this, it will contain the following statement:
"You are permitted to accept offers of employment in the United Kingdom or to continue in employment in the United Kingdom whilst your application is under consideration and until you are either issued with residence documentation or, if your application is refused, until your appeal rights are exhausted"
I hope this answers your question.
Kind regards
A. Valcke
Customer: replied 2 years ago.

Thank you for your answer. But because I read on the internet in forums that sometimes the Home Office did not specify in CoA the status of the applicant whilst the application is under consideration or, worse: in one CoA they used the expression "at this moment we can't confirm if you are entitled to work or not" what could be my next step in order to prove my wife's right to work based on a letter received from HO? they have received among my sent documents our ID and Passport and our Certificate of Marriage translated in English... and as far as I know, my wife has the same rights as me in UK, if I am exercising a treaty right as full time employee.

Expert:  A.Valcke replied 2 years ago.
Hello again,
If you supplied proof of you working in the UK in your wife's application, the CoA should contain a statement confirming your wife's right to accept employment in the UK.
Usually the CoA is issued with a statement saying the Home Office cannot confirm whether the person has a right to work, if the couple is unmarried or where your application did not contain clear evidence of working.
In the event you do not receive the CoA within 4 weeks of having applied, please contact the Your Europe Advice, it's a free service of the European Commission:
http://europa.eu/youreurope/advice/index_en.htm
I hope this answers your question.
Kind regards
A. Valcke