HO already has our IDs but are saying it was not submitted

[ali6278]

Hello guys,

I hope everyone is doing well. I already posted this on the EEA Discussions thread, but it didn't catch the attention of anybody.

I am in an unusual situation and not sure what to do.

Last year, I made an EEA (EFM) application as the unmarried partner of an EEA national (I submitted a certified copy of my wife's ID then, she only had her ID card at that time, and she needed it for travel and to look for work ... , her passport was back home then).

5 months after we submitted the EEA EFM app, we got married, the HO approved it without investigation.

2 days before my marriage I received the famous questionnaire, which I completed and returned along with some supporting documents after my marriage.

Two weeks later, We received an invitation to be interviewed in Liverpool, my wife and I attended the interview, and it went ok. During that interview, I asked the officer whether he would keep my wife's original ID but he refused and said just keep it with you, we'll only lose it (he kept other documents but not the ID).

A week later we received the refusal letter on the grounds that I didn't submit my wife's original ID.

My solicitor suggested it was a minor mistake since I offered it to the HO during the interview and they refused to keep it, and since it wasn't a big deal he said let's send it to them along with a letter explaining the situation and see if they review their decision, without the need to go through the whole process again.

We sent the original ID with a letter to the person who signed the refusal, but he never replied. one month later we sent him a reminder and asked for a response, positive or negative, it didn't matter because we waited too long by that point and decided to make a new application. he never replied to date (it's been almost 4 months now).

A few days ago we made the new application, EEA (FM) this time, with all the documents except the original ID that was already with the home office.

2 weeks later we received the biometrics letter and a Short CoA because my wife's original ID was missing !!!

Despite making it very clear and explaining in the cover letter and on the application form that the original IDs are already with the home office , with "X" person at this address, and attached the letter that was sent with them.

Has anybody gone through a similar situation ? I'd like to know how it was dealt with, if not I'd appreciate your advice.

Now, the concern is will they refuse this application too on the basis of missing ID ? never mind the CoA without right to work.

What do you suggest ?

Thank you

[Casa]

It may be advisable to contact SOLVIT for help.
http://ec.europa.eu/solvit/

[ali6278]

Thank you Casa, I had a look, and it looks like the best thing to do now, since they also didn't reply to two letters and an email sent after we received the CoA and Biometrics. We'll try it.

In the meantime, I'd like to hear from anyone who went through a similar situation

[Casa]

The plus point is that SOLVIT is a free service and they will fight your corner. Good luck.

[Nina Roche]

Feel for you.
Maybe try to contact local MP too? Saw some ppl in the forum talking about it once there is problem. Some got help.

[ali6278]

Thank you Nina, I'll have a chat with our MP and see what he says.