Certificate of Application

Wayne Pearsall made this Freedom of Information request to UK Border Agency

The request was successful.

From: Wayne Pearsall

Dear UK Border Agency,

Further to the information request (under the FOI act 2000) made by
"Zee" (the known name for a person who applied for information from
yourself) on 7th Jan 2013
---quote---
Can you please explain what a COA is?

Does anyone who submits an EEA application on the basis of being a
family member of an EU national excersising his treaty rights
automatically receive one?

Even if that someone is an overstayer?

Would a COA enable an overstayer to temporarily seek employment in
the UK?

Many thanks in advance.
---end quote---
(located here:
http://www.whatdotheyknow.com/request/re...
)

I am writing to inform you that you have failed to answer the
questions raised in this request.

If there was a problem understanding the request of the person who
asked for information which you hold on the "COA" (also commonly
known as a "Certificate of Application"), can you please provide
all information you have available in reference to a Certificate of
Application.

The information requested is (but not entirely limited to:
1) all guidance issued to UKBA staff for the isssuing of a COA.
2) what a COA actually represents
3) would an overstayer of a Visa still be issued with a COA
4) does a COA confirm the right of an applicant to work
5) if an overstayer is issued with a COA under EEA law, would that
person then be allowed to seek employment

[Personal information removed] stating "At this point we are unable
to confirm your right to work within the UK" I am aware that A COA
can either Confirm the right of the person to work, or will be
unable to confirm the right of the person to work.

Can you please provide information on the following:
6) How many COA's issued have confirmed the right to work of the
applicant
7) How many COA's have been unable to confirm the right to work of
the applicant
8) How many COA's have refused the applicant outright the right to
work
9) if any of 6 - 8 have been appealed and reissued altering the
status, please provide these figures seperately (IE:
six COA's were originally issued without confirming the right, this
was altered to confirm the right to work ETC)

I would like the information to disclose ALL issues of COA from the
very first certificate issued.

should this cause problems with costings, then I would revise my
request to cover the last two full years (I will allow you to
choose either Annual, or Financial, which ever is easier for
yourselves, but please state the dates represented)

and also,

10) please provide guidance issued to the European office staff for
the issue of whether to confirm a persons right to work or not.
- Which persons have their right to work confirmed
- which persons right to work cannot be confirmed
- which persons right to work are refused ETC.

Thank you very much.

Yours faithfully,

Wayne Pearsall

Link to this

From: Freedom Of Information Team ( IND )
UK Border Agency

Dear Wayne Pearsall

Re: Certificate of Application (148907)

Thank you for your recent e mail concerning the above matter. We are dealing with your enquiry and will respond shortly.

Kind Regards
UKBA
FOI Team

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Link to this

From: Wayne Pearsall

Dear Freedom Of Information Team ( IND ),

The majority of this information should have been given already,
and is LONG OVERDUE. See the request linked.

Yours sincerely,

Wayne Pearsall

Link to this

Biliana left an annotation ()

Hey Waynne!
I am about to apply for COA and I am afraid of the outcome. I had my postgrad in the UK, but now they do everything to make my life difficult. I wonder what explanation they gave you for not giving your wife the right to work, just to be prepared a bit ...
Thanks
Biliana

Link to this

Wayne Pearsall left an annotation ()

my wifes right to work has now been confirmed on a new COA.

I argued that case C34/09 (Zambrano) gives my wife the right to work.

i involved solvit from finland. (i worked in finland) etc, my mp and sent to all the emails i have for ukba (FOI/Complaints/Euro/EURC ETC)

I recieved an email after just a few hours from Senior Case Worker Paula Scott confirming my wife will be issued a new COA and the right to work. it came within three days.

I booked her NINO apt the same day, yet DWP guy in job centre was very argumentative. he was very hard to pursuade that my wife has the right to reside/live in the uk despite ukba letter stating so.

employers are also the same, my wife has been to two job interviews, and its not that easy (no nino yet either, got up to 6 week wait, useful if she has a job eh)

also, my wifes ukba COA is in her maiden name STILL. her legal name is her married name. UKBA will not change it on their systems. therefore her RC will come (if granted) on her maiden name. this will cause problems with employers etc - she will have to use maiden name...

annoying, but im arguing lots of things with ukba, in general... they are a bunch of racist's... and its clear with the attitude of some of them. even the response to my other FOI states that people on Temp Admission are illegal enterants and should "go home" <- if this isnt discriminative what is?...

Link to this

Biliana left an annotation ()

Hey Wayne!
Thank you so much for this response. It is always comforting to find the people that have the understanding for your own issues. I have been recently refused for the EEA entry clearance. They ask me to send additional peppers that confirm that my husband exercise his treaty rights in the UK although we still haven’t arrived there?! I complained and sent the additional papers and I have got the entry clearance. However, it came too late for my assessment centre in London  I had to pass 3 stages to get the assessment centre with the top 5 company in the industry I applied for and finally I couldn’t get there. I have studied in the UK and paid enormous student fees. In that time my visa was ready within 2 days. However, for the EEA entry clearance I needed one month to get it. I agree with you that some of them are racist, but there are racist everywhere. What bothers me about the UK policy is that they are so progressive society but still they don’t realize how much damage they done to the world with their colonies, not to mention The Second World War. Even more they feel threaten by the immigrants who actually come to the UK to enjoy the wealth that was grown on the tears and blood of their own ancestors.
Wish you all the best and I hope that the UK will be just a passing board for some more free country for your family.

Link to this

Wayne Pearsall left an annotation ()

well, lets be fair here:

1) WW2 was not the fault of the UK... WW2 was over invasion and mass executions by hitler n crew...

2) I am British - as are my kids. I have worked in europe etc... so therefore excersised my rights under the EU treaty, and also my rights are being excersised now upon my return to the uk (Directive 2004/38/ec states i am an EEA national upon return - it makes no clear argument when this stops being the case)

3) myself, my wife and kids plan to live and work in england... - UKBA hinder this... - despite clear case law saying my wife can work - ukba do not let other govt depts know about the rights etc... this means that either UKBA are breaching eu law by not informing them, or DWP are breaching eu law by not issuing ninos in the correct fasion.

4) Racism... its not so much racist as it is DISCRIMINATIVE... UKBA should (well must) treat everybody equally... British or Illegal immigrant ETC... they dont have the rights to treat people differently... as per the equality act (UK LAW).
- however, this isnt followed is it...

Link to this

Biliana left an annotation ()

Well Wayne, I couldn't help to express my feelings about the matter. I felt too much ignorance and discrimination during my stay there. I also felt the mistrust and hate from the black people, just because I’m white. I also got aware of the influence of media’s propaganda against my country.
I understood that my remark for the WW2 would be totally inappropriate but still I have to mentioned it, because at the end , in 44 and 45 there were some targets I wouldn't consider necessary, with too many civilian lost finally. My city suffered the most from the bombarding of our own allies.
It is always the game of power and it is really unpleasant to feel it on your own skin.
Wish you the very best.
Biliana

Link to this

From: European Operational Policy Enquiries
UK Border Agency


Attachment FOI response 26321.pdf
163K Download View as HTML


Dear Mr. Pearsall,

Thank you for your email dated 07 February in which you made a request for information under the Freedom of Information Act 2000. Please see the attached .pdf document for the UK Border Agency's response to your request.

Yours sincerely,

European Operational Policy Team
UK Border Agency

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Link to this

From: Wayne Pearsall

Dear UK Border Agency,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of UK Border Agency's
handling of my FOI request 'Certificate of Application'. (your ref
26231)

I feel that the terms of the FOI Act have not been observed
fully... and that not all information requested has been
disclosed...

The document attached in Annex A passes the application onto
another party... and states not to issue a COA... surely this
additional party has further guidance issued to them.

I would request a copy of such guidance...

And request that this FOI request is looked upon again, as i feel
that UKBA has withheld vital information in the response to my FOI
request

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ce...

Yours faithfully,

Wayne Pearsall

Link to this

From: Freedom Of Information Team ( IND )
UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk. If you have submitted
a general enquiry, a further message answering our most frequently asked
questions will be sent to you by our public enquiries department shortly.

Alternatively you can contact the UK Border Agency (UKBA) Immigration
Enquiry Bureau (IEB) on: Telephone: 0870 606 7766

Freedom of Information Act Policy Team
UK Border Agency

 

 

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Communications via the GSi may be automatically logged, monitored and/or
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From: FOI Requests
UK Border Agency

Wayne Pearsall

 

Thank you for contacting the Home Office, in which you ask for an internal
review of your Freedom of Information request

 

We will aim to send you a full response by 07/05/2013 which is twenty
working days from the date we received your request.

 

The internal review will be carried out by M Riddle (ref 26321). If you
have any questions then please do not hesitate to contact us.

 

Thank you

 

FOI Requests

Home Office

 

 

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Link to this

From: FOI Responses
UK Border Agency

Dear Mr Pearsall

I am writing further to our e-mail  of 9 April 2013, about your request
for an internal review over the handling of FOI case 26321

 

We informed you that we would be aiming to send you a full response by 7
May 2013.  I regret to inform you that this has not been possible. 

 

I would like to apologise on behalf of the Department for this delay, but
can assure you that we are dealing with your request and we will send you
a full reply as soon as we can.  We now aim to send you a full reply to
your internal review request within the next week.

 

Your sincerely

 

M Riddle | Information Access Team
Information Management Service | Financial and Commercial Group
Ground Floor | Seacole Building | Home Office | 2 Marsham Street | London
SW1P 4DF
Switchboard Number: 0207 035 4848

 

 

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From: Wayne Pearsall

Dear UK Border Agency,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of UK Border Agency's
handling of my FOI request 'Certificate of Application'.

this request should be providing information which was requessted
in FOI Ref: 26926, which UKBA cancelled on the basis that the
information would be supplied to me in my internal review of this
request (148907 / 26321).

You have today emailed me telling me that you won't be able to meet
the IR deadline of 7th May 2013, yet have given no reason for this.
ICO guidelines state that you must provide a reason if you cannot
meet the statutory deadline.

However, the fact is that Martin Riddle has completed responses to
a number of my other requests whilst he has been working on this
Internal Review. Surely considering he has a duty to complete work
on an internal review, you could explain why the review has not
been completed in a timely manner?

If there is a reason to show that this is an exceptional case,
whereby the time limit needs to be extended to 40 working days,
then please inform me (as per your duty) of the reason this is to
be considered an exceptional case.

Simply saying "we won't be able to meet the deadline" does not meet
your statutory obligations.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ce...

Yours faithfully,

Wayne Pearsall

Link to this

From: Freedom Of Information Team ( IND )
UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk. If you have submitted
a general enquiry, a further message answering our most frequently asked
questions will be sent to you by our public enquiries department shortly.

Alternatively you can contact the UK Border Agency (UKBA) Immigration
Enquiry Bureau (IEB) on: Telephone: 0870 606 7766

Freedom of Information Act Policy Team
UK Border Agency

 

 

show quoted sections

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: Wayne Pearsall

Dear UK Border Agency,

Please pass this on to the person who conducts Freedom of
Information reviews. (Martin Riddle Particularly for this one)...

I am writing to request an internal review of UK Border Agency's
handling of my FOI request 'Certificate of Application'.

As I emailed you on the 7th May, I am waiting for a response to
both my other FOI request which is now severely overdue, and this
request. You have indicated that further information is indeed to
be delivered to myself within this IR, yet nothing has been
produced yet. You have provided no explainations of my nothing has
been produced to myself.

I have a legal entitlement to recieve the information requested.
You are delaying release of information which can clearly be
supplied. The Home Office have a legal obligation to provide the
information Promptly, and this could even mean supplying a
multipart response - much like the DWP MOA for replying to a SAR.
(each section / dept responds on their own).

I have multiple requests for information pending with yourselves.
and all of them have severe errors, even your Internal Reviews fail
to supply information which I have later stumbled across elsewhere,
clearly displaying that the home office fail to meet the FOIA
requirements...

I have been awaiting this information for a long time... Please
complete your legal obligations and supply the information
requested.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ce...

Yours faithfully,

Wayne Pearsall

Link to this

From: Freedom Of Information Team ( IND )
UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk. If you have submitted
a general enquiry, a further message answering our most frequently asked
questions will be sent to you by our public enquiries department shortly.

Alternatively you can contact the UK Border Agency (UKBA) Immigration
Enquiry Bureau (IEB) on: Telephone: 0870 606 7766

Freedom of Information Act Policy Team
UK Border Agency

 

 

show quoted sections

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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From: FOI Responses
UK Border Agency


Attachment 26321 Pearsall IR Final Response and report.pdf
236K Download View as HTML

Attachment 26321 Pearsall IR MQT 65 of 2011 Zambrano Revised Oct 2011 redacted.pdf
171K Download View as HTML

Attachment 26321 Pearsall IR PIN 39 of 2012 Zambrano redacted.pdf
80K Download View as HTML


Dear Mr Pearsall

 

Please find attached the Home Office response to your internal review
request of case 26321

 

Your sincerely

 

M Riddle | Information Access Team
Information Management Service | Financial and Commercial Group
Ground Floor | Seacole Building | Home Office | 2 Marsham Street | London
SW1P 4DF
Switchboard Number: 0207 035 4848

 

 

show quoted sections

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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From: Wayne Pearsall

Dear FOI Responses,

Martin, In response to your IR report...

Let me begin with:
--------
Section 12
16. Section 12 (cost) was engaged in relation to questions six to
nine. Mr Pearsall has not objected to this and therefore no review
of the cost limit being engaged has been undertaken. However, it is
worth noting that the Information Commissioner has previously
advised that if section 12 (cost) of the Act applies to any part of
a request; it can and should be engaged to cover the entire
request. As such UKBA would have been within its rights to apply
the cost limit to the entire request.
--------

The FOIA requires a public body to give ALL HELP possible in
rewording a request, and to bring the cost's down below the
threshold. Therefore my request for information on the other points
would of still been valid.

--------
18. Having examined Mr Pearsall‟s other recent requests in
conjunction with this review, I feel that it is fair to point out
that the subject matter, volume, and frequency of his requests
(considering the number of requests submitted in such a small time
frame) is such that they are approaching the criteria required to
regard them as vexatious. It is possible that further requests from
Mr Pearsall will be refused under this section of the Act.
--------

This too... Further requests cannot be auotomattically refused. My
original requests are over 90 days old. It is not my fault that the
Home Office have breached the FOI act and held an open request for
so long.

Infact, as outlined in my original request... I was not the
original requester for the COA request, which UKBA failed to reply
to in addition to my own.

Now I move onto my request for you to revise your decision to
withhold template letters from my response. You state:
--------
There is a strong public interest in ensuring that those seeking to
evade immigration controls through producing fraudulent
documentation, in order access services and employment in the UK
illegally, are unable to do so. Through being able to access the
template letter, such offenders may be able to produce fraudulent
documentation which assists them in circumventing proper
immigration controls.
--------

If this is the only reason in favour of withholding the
information, then I request the information to be released. The
Employer Checking Service which is run by UKBA is the method to
overcome this possible "loophole". Proceedures are already in place
to avoid somebody abusing this information to gain employment. As
such this will be refered over to the ICO.

Yours sincerely,

Wayne Pearsall

Link to this

From: FOI Responses
UK Border Agency

This mailbox does not accept incoming messages. Any FOI requests or
inquiries should be sent to [1][email address].

 

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From: FOI Responses
UK Border Agency

This mailbox is unable to accept incoming messages and your email has been
automatically redirected to [1][email address] for a
response. Please use this email address for any further queries.

 

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From: FOI Responses
UK Border Agency

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automatically redirected to [1][email address] for a
response. Please use this email address for any further queries.

 

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J Khan left an annotation ()

Vexatious? Oh please....

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Wayne Pearsall left an annotation ()

Refered over to ico... Lol ukba deals with immigration, obviously all of my requestsw will be focused on immigration/enforcement

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Wayne Pearsall left an annotation ()

(Think it might be useful to keep my ICO Case Reference Number FS50498285 with the request...)

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From: FOI Requests
UK Border Agency


Attachment HO FOI response to Mr Pearsall ICO ref FS50498285 HO ref 26321.pdf
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Attachment 26321 MQT 65 2011 Letter 6.pdf
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Attachment 26321 MQT 65 2011 Letter 5.pdf
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Attachment 26321 MQT 65 2011 Letter 3.pdf
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Attachment 26321 MQT 65 2011 Letter 2.pdf
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Attachment 26321 MQT 65 2011 Letter 1.pdf
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Attachment 26321 PIN 39 Letter 2.pdf
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Attachment 26321 PIN 39 Letter 1.pdf
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Attachment 26321 MQT 65 2011 Letter 4.pdf
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Mr Pearsall,

 

Please find attached response and information regarding your FOI request.

 

Regards

 

Information Access Team

 

 

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Wayne Pearsall left an annotation ()

HA. backed down eh... :)

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Meliana Pearsall left an annotation ()

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