EUSS replacement visa refused PLEASE HELP I'M FRUSTRATED

[Jannet]

I recently got my indefinite leave under the EU settlement scheme I received a letter that my application was successful and that home office will be sending me a barometric resident card within 10 days I waited for the card for more than one month and the card never arrived I reported to the home office that I never received my card,
In December o traveled to Nigeria because my father was unwell when I was returning back to the UK I was refused to board the plane in Nigeria because I didn't have my my biometric card for the biometric card. I applied for a replacement visa and that was refused on the basis that I did not report the card as lost or stolen, I have now reported the card lost and made a new application it's been 2 months and I have not heard back ,from the home office my solicitor raised a compliant and also receive a letter back saying that my case has been complex and that they are making research, please I really need someone to advise me on what to do I am here in Nigeria and stranded I don't live in Nigeria I own a house in London I am completely depressed at the moment because I am basically stranded I cannot even stay in my father's house because he his unwell I've been staying at a short letter place where I am staying I need I really need your help I need someone to help me to advise me what to do because I don't know if the second application is going to be successful or not. I have my bank account on the UK I don't have access to my money into my funds I am basically literally stranded here and I just need to get back to London as up I need you people to really advise me on what to do I am so worried I don't know if this application is going to be successful.

[manci]

from the guidance: https://www.gov.uk/biometric-residence- ... en-damaged

If you’re outside the UK

You must report your lost or stolen BRP outside the UK.

You cannot apply for a replacement BRP outside the UK. Instead, you’ll need to apply for a ‘replacement BRP visa’, which lets you re-enter the UK once only. It costs £154.

You can apply for a replacement BRP when you return to the UK. You must do this within 3 months of reporting it lost or stolen unless you have a good reason, for example you were unable to return to the UK in that time.

You should apply online for the replacement BRP visa:
https://visas-immigration.service.gov.u ... -selection

I have now reported the card lost and made a new application it's been 2 months and I have not heard back ,from the home office

Was this application for a replacement BRP visa? If yes and you provided your biometrics in Nigeria and paid the £154 fee yet you haven't heard from the HO for 2 months after providing biometrics I would suggest to contact your MP in the UK.

[Jannet]

I applied for EUSS replacement visa, there was no payment charged because it's EU, ITS been over 2 months I gave my biometric prints and still no word from them, I had to pay my solicitor 1400 pounds for this application, plus I'm staying in a shortlet in Lagos and I can't afford it anymore , can I contact the mp from Nigeria? Pls I need help

[Bazinga_]

I applied for EUSS replacement visa, there was no payment charged because it's EU, ITS been over 2 months I gave my biometric prints and still no word from them, I had to pay my solicitor 1400 pounds for this application, plus I'm staying in a shortlet in Lagos and I can't afford it anymore , can I contact the mp from Nigeria? Pls I need help

I feel for you. Of course you can contact your MP from there. Just a simple google search will bring up his/her contact details. Email, don’t ring as then you have a written trail.

Best wishes.

[manci]

find your MP:
https://members.parliament.uk/FindYourMP

Contact email addresses for MPs:
https://englandcalling.wordpress.com/wa ... heres-how/

[kamoe]

I recently got my indefinite leave under the EU settlement scheme I received a letter that my application was successful and that home office will be sending me a barometric resident card within 10 days

Before this goes anywhere further, how did you apply? Did you use the app by any chance?

Please be aware that, that notice of your card being sent to you within 10 days only applies if you do not already have a biometric EEA card. If you did have an existing EEA card that you used to apply via the app, then you will not receive any biometric card issued by the EU Settlement Scheme, and you are supposed to ignore that notice.

So, really important question: Do you have an existing EEA Residence Card that you used to apply with to the Settlement Scheme? Yes or no?

I waited for the card for more than one month and the card never arrived I reported to the home office that I never received my card,

If the answer to the question above is yes, then this is normal, as you were never intended to receive a new card.

In December o traveled to Nigeria because my father was unwell when I was returning back to the UK I was refused to board the plane in Nigeria because I didn't have my my biometric card for the biometric card.

Also normal, since you need to show a physical document.

I applied for a replacement visa and that was refused on the basis that I did not report the card as lost or stolen, I have now reported the card lost and made a new application it's been 2 months and I have not heard back ,from the home office my solicitor raised a compliant and also receive a letter back saying that my case has been complex and that they are making research, please I really need someone to advise me on what to do I am here in Nigeria and stranded I don't live in Nigeria I own a house in London I am completely depressed at the moment because I am basically stranded I cannot even stay in my father's house because he his unwell I've been staying at a short letter place where I am staying I need I really need your help I need someone to help me to advise me what to do because I don't know if the second application is going to be successful or not. I have my bank account on the UK I don't have access to my money into my funds I am basically literally stranded here and I just need to get back to London as up I need you people to really advise me on what to do I am so worried I don't know if this application is going to be successful.

I'm afraid you might have muddled the waters more than you needed to. If you are stranded abroad with no biometric card, the way forward is to apply for a 6-month EUSS Family Permit (which is FREE by the way) to allow you entry into the UK an then once in the UK, you can sort out your card.

[manci]

By reference to p13 of the linked document below I think the OP needs to apply for a EUSS Travel Permit
https://assets.publishing.service.gov.u ... gov-uk.pdf

I have now reported the card lost and made a new application it's been 2 months and I have not heard back ,from the home office my solicitor raised a compliant and also receive a letter back saying that my case has been complex and that they are making research

.
As from the OP's post it seems that she is not only stranded abroad but has also become destitute through the HO not dealing with / responding to her application in a timely manner there is probably merit in contacting her MP to expedite matters.

[kamoe]

By reference to p13 of the linked document below I think the OP needs to apply for a EUSS Travel Permit
https://assets.publishing.service.gov.u ... gov-uk.pdf

Thanks @manci. Indeed that seems to be the right route if the OP was issued a card. I'm just thinking there might be a huge misunderstanding and maybe a card was never issued (and never lost), in which case the route for them is the EUSS FP. Hence why it is important that they clarify how they applied to the EUSS.

As from the OP's post it seems that she is not only stranded abroad but has also become destitute through the HO not dealing with / responding to her application in a timely manner there is probably merit in contacting her MP to expedite matters.

Absolutely, worth escalating.

However, I believe the fastest way for them to get back into the UK is of course apply for the appropriate relevant document, either the EUSS FP or EUSS Travel Permit, not waste time applying for a replacement biometric card, which cannot be done outside the UK

[Obie]

You need to do a free family permit application and when you enter, do the replacement application.

[Jannet]

I have applied for EUSS TRAVEL PERMIT SINCE THE 17TH OF MARCH IT'S BEEN MORE THAN 2 MONTHS NOW I HAVE NOT HEARD ANYTHING BACK FROM THE HOME OFFICE MY SOLICITOR WHO IS Helped ME TO MAKE THE APPLICATION made A COMPLIANT and WE GOT A REPLY BACK AFTER 20 DAYS SAYING THAT'S MY CASE IS COMPLEX and that they have been unable to make a decision regarding my case, I believe I have applied for the right visa which is the EUSS travel permit if not please I would like somebody to advise me, when I was coming to Nigeria I booked a ticket returning back to the UK after 10 days and in total I have been stuck in Nigeria for 6 months now a trip that is meant to be for 10 days is now been six months I am I'm stranded. Home office saying that they are investigating my case is completely shocking to me and I don't know why they're doing this. I have become a complete destitute on the street of Lagos with no accommodation and I'm desperate to get back to the UK if anybody has a more information please share.

[Jannet]

Hi Kamoe, yes I have an existing BRC card , I was expecting a new card as it says on the letter that I will receive a new card within 10 working days and after I waited for almost a month my dad was very unwell I had to come to Nigeria. In February I made an application by myself to the home office for EUSS FAMILY PERMIT THE APPLICATION WAS REFUSED BASED ON I REPORTED THE CARD AS NOT DELIVERED AND THEY SAID I DID NOT REPORT THE CARD AS LOST OR STOLEN AND THAT I MADE THE APPLICATION ON THE BASIS THAT THE CARD WAS STOLEN.

I THEN GOT MY SOLICITOR TO MAKE A NEW APPLICATION WHICH HAS BEEN MADE SINCE MARCH 17TH FOR A EUSS TRAVEL PERMIT AND THIS IS JUNE. IT'S BEEN MORE THAN TWO MONTHS AND WE ARE STILL WAITING THE PREVIOUS APPLICATION I MADE I'LL BE POSTING THE REFUSAL LETTER HERE

[Jannet]

Reasons for Refusal You have applied for an EU Settlement scheme travel permit on the basis that you have had your residence card stolen. To be eligible for an EU Settlement Scheme travel permit you must have been issued with a relevant document by the UK under the Immigration (European Economic Area) Regulations 2016, or with a biometric residence card by virtue of having been granted leave under Appendix EU to the Immigration Rules and have reported to the Home Office that that document or card has been lost or stolen. I am not satisfied from the evidence and information provided, or otherwise available, that you have reported to the Home Office that your biometric residence card as lost or stolen. The evidence and information provided, or otherwise available, was not adequate because a search of Home Office records has been conducted, and whilst you have reported that your biometric residence permit has not been delivered, there is no record which confirms that you have reported your biometric resident card as lost or stolen. Therefore, your application does not meet the eligibility requirements of the EU Settlement Scheme travel permit and has been refused. Next Steps If you have further evidence you want us to consider, you can make another application under the EUSS Travel Permit at no cost: https://www.gov.uk/family-permit/eu-set ... ily-permit If you have any questions or would like to discuss this letter, details on contacting us can be found on our website: https://www.gov.uk/contact-ukvi-inside-outside-uk/y. You can also appeal this decision to the First Tier Tribunal under the Immigration Citizens’ Rights Appeals (EU Exit) Regulations 2020. You have 28 days from the date since you received this decision to appeal. You can appeal on the basis that the decision is not in accordance with the EUSS Family Permit rules, or that it breaches any rights you have under the Withdrawal Agreement, the EEA EFTA Separation Agreement, or the Swiss Citizens’ Rights Agreement. You may bring or continue an appeal from inside or outside the UK. Information and support on how to appeal, the process, and the fees payable are all available online at [https://www.gov.uk/immigration-asylum-tribunal/overview]. You can get help and advice from a solicitor or an immigration adviser. You can also contact Citizens Advice. If you are not getting help from a legal representative you can read the guide on representing yourself. Entry Clearance Officer: AO Date of refusal: 15 March 2021 Date sent to applicant: How sent: [via VAC, postal service or courier] If notice personally handed to you by an Entry Clearance Officer, please sign below: Applicant’s signature: Date:

[Obie]

Cant see any legal basis for that refusal.

If you are entitled to the EEA family permit settlement scheme, you are entitled irrespective of whether you lost your card or it was not delivered.

The eligibility requirements are very clear, there are no requirements to first report loss of card before reapplying.

They are just being stupid in my view.

[Jannet]

Hi OBIE
I AGREE WITH WHAT YOU SAID THAT THEY ARE BEING STUPID. IT'S DAMAGING ME THEY ARE CAUSING ME A LOT OF MENTAL DRAINING AND FRUSTRATION I OWN MY HOME IN LONDON AND I AM HERE IN NIGERIA BEEN STRANDED, IT IS ABSOLUTELY UNFAIR WHAT THE HOME OFFICE IS DOING ME, THEY HAVE MY FINGERPRINT THEY HAVE THE EVIDENCE RIGHT IN FRONT OF THEM THEY KNOW I HAVE INDEFINITE LEAVE IN THE UK YES THEY ARE REFUSING ME VISA AND MAKING ME STRANDED OUTSIDE OF THE UK.

[kamoe]

I feel for you.

From what you say it seems it is very likely that your card was never issued and therefore never lost. Again, you need to read carefully and double check if the notice you received says something along the lines of: "If you do not currently have a biometric card you will receive a new card within the next 10 days" because that means you were not issued a card, as most people who applied with existing EEA biometric cards. EUSS cards are not issued automatically to everyone, you have to apply for one if you obtained your status using an existing EEA card.

That's why I said there might be a big misunderstanding here. If you were never issued a card you should have applied saying you didn't have a card at all, not that it was lost. And why I said you might have muddled the waters a bit here unnecessary. That might be the reason your case is "complex". Not saying that's an excuse for their answer, they should be in a position to see what's happened

Now, where is your EEA residence card? Do you have it with you? What's it's printed expiration date?

[Jannet]

The expiry date on my old biometric card is October 2020 and I got the indefinite leave in November 2020 so when the indefinite came on a letter it says that I will receive a new biometric card within 10 days I never knew that I would have to apply for 1 so I was expecting the card basically before I traveled I waited almost 2 month and the card never arrived ,

the home office should see from their end if the card was issued or not. My solicitor wrote a cover letter with this new application explain to them that I never received the card and we don't know if the card was even issued in the first place.

[kamoe]

The expiry date on my old biometric card is October 2020 and I got the indefinite leave in November 2020 so when the indefinite came on a letter it says that I will receive a new biometric card within 10 days I never knew that I would have to apply for 1 so I was expecting the card basically before I traveled I waited almost 2 month and the card never arrived ,

Wow, it's difficult to know if this means you were issued a card or not. Yours is an edge case. Because you used the card to apply this would not normally trigger the process to issue you with a new card, but your card expired while you were awaiting your status, so in theory they should see this on their end and issue you with a new card. I would not be surprised if this just slipped through the cracks and a card was not issued.

the home office should see from their end if the card was issued or not.

Absolutely. It should not be your responsibility to pick this up on your end.

My solicitor wrote a cover letter with this new application explain to them that I never received the card and we don't know if the card was even issued in the first place.

Yes, seems like that's what you should do. And absolutely do follow up with your MP.

Also, contact The Guardian/The Observer. They might want to run your story, make sure your case is known. Public light has helped expedite the resolution of cases like yours. See this article (instructions on how to contact them and run your story, at the end of the article).

[Jannet]

@Macin the letter says if you do not currently hold a biometric residence card you should receive it within 10 days, so I thought they were going to deliver a new biometric card and never knew that I had to apply for a new one.

My solicitor has reported the card lost or stolen and also wrote a cover letter saying that the cardwas never delivered and we don't know if the card was even issued in the first place and I never had the card for me to have lost it .

[manci]

the letter says if you do not currently hold a biometric residence card you should receive it within 10 days, so I thought they were going to deliver a new biometric card and never knew that I had to apply for a new one.

You are right, The rule is crystal clear and it was repeated in the HO letter you received: https://www.gov.uk/uk-residence-card
If you have EU settled or pre-settled status you’ll get a residence card automatically. You do not need to apply for one.

If you have further evidence you want us to consider, you can make another application under the EUSS Travel Permit at no cost

To move forward. in addition to the complaint lodged by your solicitor and you contacting your MP and the press, as suggested by @kamoe, which are going to be relatively slow processes, I suggest that you make a new EUSS Travel Permit application. Write and upload a covering letter with it setting out your circumstances in detail.

[Jannet]

My application for euss travel permit is still in the home office and I submitted my biometric prints here in Lagos and also give them my passport so they have my passport everything I cannot apply for another Visa until they have made a decision on this application and have returned my passport

[manci]

My application for euss travel permit is still in the home office and I submitted my biometric prints here in Lagos and also give them my passport so they have my passport everything I cannot apply for another Visa until they have made a decision on this application and have returned my passport

Please clarify - in your post on Jun 02 @ 12:49 a.m. you wrote that your application for a EUSS Travel Permit had been refused and quoted the text of the refusal

[kamoe]

the letter says if you do not currently hold a biometric residence card you should receive it within 10 days, so I thought they were going to deliver a new biometric card and never knew that I had to apply for a new one.

You are right, The rule is crystal clear and it was repeated in the HO letter you received: https://www.gov.uk/uk-residence-card
If you have EU settled or pre-settled status you’ll get a residence card automatically. You do not need to apply for one.

I'm sorry @manci, I don't follow your logic.

Be:

a = the applicant has a biometric card
b = the applicant has settled or pre-settled status
c = the applicant will receive a new card

What the letter said is "if not a then c". From that, the reader needs to interpret that "if a then not c".
In this case the OP had a card (a), but failed to interpret that they won't get a new one (c) (not blaming them, it can be really confusing).

The website you link to says "if b then c", which is very different. Why do you think is the same thing? Also, that website is for the old EEA cards, not the new EUSS cards.

[Jannet]

I said that my euss visa was refused and I posted the refusal letter, I have applied for a new euss travel permit in March and I am still waiting it's been 2 months and no word from home office.

my solicitor raised a complaint and receive a reply back after 20 days saying that my case is complex and that they have been unable to make a decision.

With regards to the biometric card I have a card which is expired and on their letter they told me if you do not currently hold a biometric card you will receive a new one within 10 days then I thought it means they will send me a new card since the one I have has expired.

Having checked on their website this application for euss travel permit only should only take 3 weeks but in my case it has been more than 2 months and still no hope or reply from the home office

[manci]

@kamoe
The OP posted two different versions of the HO letter she received when her EUSS settled status was approval:
First:
"on a letter it says that I will receive a new biometric card within 10 days"
Later:
"the letter says if you do not currently hold a biometric residence card you should receive it within 10 days"

I based my first comment on the first version of the HO letter but it now seems more likely that the later version is correct.

The OP had a biometric residence card which expired in October last year. She obtained EUSS settled status in November and travelled to Nigeria in December due to a family emergency.

I think the HO's stance will be that she did hold a residence card, albeit expired, and should have applied for a replacement residence card before she travelled abroad. On this basis the HO probably did not issue a new card after the approval of her settled status. Of course, it would not have been reasonable for the OP to know about this.

I looked at the EUSS Travel Permit rules. The only place they appear is in this document:
https://assets.publishing.service.gov.u ... gov-uk.pdf
The relevant text is:
The EUSS travel permit provides those non-EEA citizens who hold valid leave under the EUSS, and who have reported to the Home Office that their biometric residence card has been lost or stolen or has expired whilst they are outside the UK, with an entry clearance

The OP's card was not lost, stolen or expired whilst she was outside the UK, strictly speaking therefore she is not eligible to be issued a EUSS Travel Permit and it was probably wrong for her solicitor to claim / report that it was lost if it was never issued.

The rules don't seem to cover the OP's situation, which is a shortcoming of the rules, and this is probably why the HO said that her case was "complex". Under the circumstances the HO should use their discretion to allow her to travel home. She is stranded abroad and has become destitute.

@Jannet
Suggest you email your MP and also contact the Gurdian / Observer

[Jannet]

@manci I have emailed my MP today but I have not received any reply back from him how long do you think it takes to get a reply back from the MP?

What's the best way forward now regarding because you said the rule don't seem to cover me, what routes would you suggest?