EEA4 refused, should I still try for BC application via NCS

[tao.wong]

Hi all, I have just received letter from UKBA that says that I have been refuse confirmation of PR Status (COA 2 Nov 12) on the grounds that I have not provided evidence in the form of a valid national passport or OTHER official document as evidence of my identity. While it is true that I submitted a passport expired in Sep 2011 which had the residence card in in that expired in Aug 2012, clearly they have seen my identity before and were happy with when they gave me the residence card on the same passport in August 2007! They had my civil partnership certificate as well as my UK driving license which is evidence of identity too. They say that they cannot establish my entitlement to rely on the EEA regulations 2006, but they had my civil partnership certificate which shows I am civil partnered to a German! They also had his EEA4 card on the blue vignette which he got at the same time as when I got my residence card in 2007.

Furthermore, the letter says as " you do not now appear to have any other legal basis to stay in the UK, you should make arrangements to leave the country immediately. If you do not do so, forcible removal action may be taken"!!!

Initially, I had planned not to bother submitting an EEA4 application and just wait till next month Aug 13 and apply directly for naturalisation since I would have gained PR status automatically on Aug 2012 and by next month have 1 yr ILR . However, my employers wanted proof of application for permanent residence so I thought might as well.

My question is what should my next steps be. Take the risk and apply for citizenship anyway ( I already have an appointment booked at NCS next Tuesday afternoon having taken my life in UK test last month)? Or, should I engage specialist barristers in EU immigration law to challenge the decision not to give EEA4?

Relevant Key dates summarised :

Non-EEA (Singaporean) family member of EEA national (German) Residence card Aug 2007-2012

EEA 4 COA 2 Nov 2012
EEA 4 refusal 25 July 2013

I have been in UK since Sep 2000 ( Student till 2005, Work permit till 2007)

Civil partnered June 2007

Many thanks for all the help in advance : )

[Jambo]

A solicitor might cost you as much as the naturalisation application so I'm not sure this is cost effective.

The regulations are very clear. You need to apply with a valid passport. Why did you send them a passport which expired a year before the application? Was it so you could continue travel on your current one?

You said your partner has the blue card. Is it a Residence Certificate or a PR Confirmation (following a EEA3 application after living in the UK for 5 years)?
If your partner has a PR Confirmation (EEA3 application), the risk for refusal is very low. Also if your partner has been working continuously for 5 years as employee, the risk is low.

BTW - I believe Singapore doesn't allow dual nationality. Will you give up your current citizenship?

[vinny]

6.2 (rightly or wrongly?) states that a valid passport is required. Don't you have a valid passport?

However, interestingly,

22. Regulation 18 is, accordingly, the provision which deals with the documentation of the permanent right of residence under regulation 15. As can be seen, regulation 18 contains no reference to any requirement to produce “a valid passport” or “a valid national identity card”; nor does anything in Chapter IV of the Citizens Directive, which makes provision for the right of permanent residence.

[tao.wong]

Hi I have not travelled out of UK since April 2011. I cannot get a new S`pore passport as I am AWOL from national service, I don't intend to keep Spore citizenship .

The application form did not say it had to be not expired.

My partner has PR status eea 3 issued Aug 2007. He has worked in the same company since 1998. We both have joint mortgage on a house here.

So I should just give citizenship application via NCS a go and hope for the best then? In the mean time what is my legal status? Also to be sure, can you gurus confirm valid passport is not needed for naturalisation application?

Thanks for speedy response!

[facts]

...I have been refuse confirmation of PR Status (COA 2 Nov 12) on the grounds that I have not provided evidence in the form of a valid national passport or OTHER official document as evidence of my identity...

You should have sent any other form of ID, such as valid UK driving licence along with an explanation letter.

Today's EEA4 form (Version 07/2013) still suggests to do the same:

Final Checklist (page 33):

If you are unable to send us any of the documents specified in section 11 which are relevant to your application have you given an explanation and said when you will be able to send them?

Section 11 Documents (page 28 ):

Your current passport. If you last entered the UK on a previous passport or ID card, please also provide this document if you have it. If you do not have a passport, you must provide another form of identity.

[tao.wong]

Hi, I did sent them driving license with original application and p60s and p45s etc and they still refused.

They letter says :

your application has been refused on the grounds that you have not provided evidence in the form of a national passport or other official document as evidence of your identity.

as your entitlement to rely on the provisions of the Immigration (EEA regulations) 2006 cannot be established there is no right of appeal against this decision, however redress through other legal channels may be possible and it is recommended that you seek legal advice should you choose to do so.

It then says if you consider that you have a right to reside in the UK as a matter of European law and are in a position to submit the necessary information to support your application for permanent residence as recognition of that right, you may wish to submit a further application...

It also goes on to say about removal from the uk and enforced removal if I don't leave voluntarily.

So a few questions remain:

1) How do I appeal?
2) Should I resubmit an EEA 4 application with my valid UK Driving license only and not give them the passport (but I probably need to to show the EEA2 RC stuck in it??) and then also provide my EU partner's PR card and says 6 yrs of p60s as well as my 6 yrs of p60s and our civil partnership cert?
3) Just ignore the letter and apply for citizenship using form AN and pretend I never received this stupid letter?
4) Do I have to shit myself waiting for enforcement officers to drag me out of my house? From what I have been reading in other forums the paragraph about asking people to leave voluntarily etc is a standard phrase which one does not need to pay any attention to. Is that right?

[facts]

Ignore PR confirmation seeking saga and apply for naturalisation ensuring to include explanation for any missing required document. However do you think deserting national service will question your character?

[Jambo]

Just ignore the letter. It is not worth the paper it is printed on.

Go to NCS. Provide:
* your partner's passport/ID card.
* Your partner's PR card.
* Evidence your partner hasn't lost his PR status (i.e. he wasn't away from the UK for more than 2 years since 2007). His P60's or utility bills would cover that.
* Evidence for your residence for 5 years 2007-2012 (passport is normally enough).
* Life in the UK test.

[tao.wong]

Just ignore the letter. It is not worth the paper it is printed on.

Go to NCS. Provide:
* your partner's passport/ID card.
* Your partner's PR card.
* Evidence your partner hasn't lost his PR status (i.e. he wasn't away from the UK for more than 2 years since 2007). His P60's or utility bills would cover that.
* Evidence for your residence for 5 years 2007-2012 (passport is normally enough).
* Life in the UK test.

Thanks a million Jambo. That has really given me peace of mind. Really appreciate this forum and all the wonderful people like you who freely give off their time.

Fact- I don't think not serving NS makes anyone's character less than good. I object the use of military might to try winning arguments. This world would be a much better place if everyone would just sit down and talk to each other instead of pointing guns at each other but lets leave that to a different place to discuss... In any case, I am sure in the eyes of the UK government considering I have passed my enhanced CRB check 3 times over the period I have been working here as a Doctor and then a Science teacher is more than enough proof of good character : )

[bagaja]

Hi,

Can you plz advice me my PR has refused by ukba stating that my spouse is not exercise her eu treaty right.
after getting married in 2008 my wife did,t work and stay as a house wife durning our 5 year marriage. my wife has acquired her PR in 2008 by working here from 2003 to 2008.
Can I apply on this basis that my wife has got PR ..?
Advance thanks to you..