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Urgent: Eea4 Refused, Passport Retained. Should I Try Eea2? Help Please.

EEA4 EEA2 refusal passport retained

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#1 LeLeUK

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Posted 06 December 2012 - 11:41 AM

Hi,

I am new to the forum and I would be very grateful if I can get some advice from you.
My husband is Italian who has been working in the UK for 10 years continuously.
I am a non-EEA national and my 5-year residence permit (EEA2) expired in June 2012.
I submitted my EEA4 application on 10th July and received my COA on 8th November.

And yesterday, I received a letter of refusal dated 30th November. Reasons being that I only submitted 1 document for each year (1 bank statement each year and p60 each year; marriage certificate, as we thought they are already strong evident) and that I didn't submit my husband's passport but his UK driving license (reasons below).

We were probably too naive to submit my husband's UK driving license as proof of identity. But I stated clearly on my cover letter that as my husband had to travel within the 6-month period so if the driving license is not sufficient please let me know when his passport is needed and we will be able to submit it immediately. (Which is what happened for my EEA2 application 5 years ago. They asked us to send in his passport a few weeks before they gave me my EEA2).

Based on 1) insufficient of document; 2)no EEA passport as proof of ID, they refused my application and saying I do not have the right to appeal. They returned all my supporting document but retained my passport (as for them I appear to have no rights to stay in the UK and that I need to contact the regional immigration office who have my passport to arrange my date of departure!)

I understand that they just try to intimidate me but I am 100% sure I have the rights to stay. So my questions are:

1) The reason why we only submitted one document each is that we struggle to find his document from 2007-2009 as we had moved 2-3 times during those years. But what we managed to send we believe were already strong evident (p60 and one bank statement each). What else would be helpful? We are asking the bank to issue the backdated bank statements now, will that be helpful? Say, lots of bank statement proving the same thing? (during those days we were renting so no utility bills at all and being not very organised, he can't find his work contracts but P60 should be enough one would think?)

2) I don't mind not getting my PR as I should be getting my Italian passport next year. In this case, should I simply apply EEA2 again?

3) As in my case, the application was refused and passport retained. When I re-submitted, will they treated it as a fresh application meaning that I will need to wait for another 6 months to get my passport?

As I said I would be really grateful to hear you experts' opinions. In all honesty, I just wanted to have my passport back asap as I need to travel. So if EEA2 is less complicated and they won't really have any reasons to refuse my application , I would rather go down that route but I would really appreciate your advice.

Many thanks.




#2 Victoria

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Posted 06 December 2012 - 11:43 AM

You can arrange to get your passport fact if you intend to leave the UK but you would have to apply for a family permit to return.

#3 LeLeUK

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Posted 06 December 2012 - 11:55 AM

Many thanks Victoria. But my issue is more on getting my resident permit (EEA4 or EEA2) done as soon as possible. I have been stranded for 5 months and I do not intend to leave the UK without having my rights to stay proved. (As I said, my husband is an EEA national and is working properly so it comes as a shock that the whole application was refused just like that.) I am just trying to find out if EEA2 will be a good option or should we stick with EEA4 under this circumstance (as they have my passport so would it be quicker to re-apply EEA4?)

Thanks for your help.

#4 Victoria

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Posted 06 December 2012 - 12:03 PM

They'd take the same length of time but it depends on the documents you have.

#5 LeLeUK

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Posted 06 December 2012 - 12:26 PM

Thanks for the reply!





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