Urgent: EEA4 refused. Passport retained. Should I try EEA2?

[LeLe]

Hi,

I have submitted my application along with my husband's passport and loads of supporting documents today. I will report back any progress. Wish me luck.

Many thanks to all.

[LeLe]

Hi,

A quick question just to have some safe of mind...

I sumbitted my 'further application' on 13th December. Today, I received a COA dated 20th Dec. It is good that the letter was sent within one week compared to my previous application which I waited for 3 months for a COA. But it is a standard letter and the reference is now completely different from the previous one. I feel they are treating it as a complete new application. As it's a standard COA, it says it will take 6 months to make decision.

Do anyone think that there's anything to worry about? Judging by the fact they sent me the COA within one week, I am hoping they will be looking into my case very quickly. But what I don't want is that they hold it for another 5 months again then look at it. Any suggestions?

Many thanks and Happy Christmas.

[Directive/2004/38/EC]

They seem to be trying to send COAs "immediately" now, instead of doing it sometime before the RC is issued. So sounds very standard.

Now that you have submitted, I would strongly encourage you to request all the documents back, including passports, while the RC is being processed. This forces UKBA to justify not returning the passport, if that is what they do.

[LeLe]

Thanks Directive/2004/38/EC.
My 1st application was sumbitted on 11th July therefore they will be holding my passport for 6 months already. But now they treated it as a new application, will they now have the rights to keep it for another 6 months as the standard letter suggests? If that's the case, I think they are actually violating my rights. Is that correct?

Will I be in a stronger position after 11th Jan to demand the passports back? Or will that actually delay the process? As I do need to travel in mid March. What you suggested is to request everything back? How do I go about that? I thought we can only ask for the passports back while the RC is being processed?

Thanks.

[Directive/2004/38/EC]

My 1st application was sumbitted on 11th July therefore they will be holding my passport for 6 months already. But now they treated it as a new application, will they now have the rights to keep it for another 6 months as the standard letter suggests? If that's the case, I think they are actually violating my rights. Is that correct?

Will I be in a stronger position after 11th Jan to demand the passports back? Or will that actually delay the process? As I do need to travel in mid March. What you suggested is to request everything back? How do I go about that? I thought we can only ask for the passports back while the RC is being processed?

An RC application can take up to 6 months. But not longer. That is the law.

You can request back your supporting documents (the important pieces being passports and marriage certificate I guess), and the application will continue on.

[LeLe]

Hi,

I called Home Office today as my original application was submitted in July 2012 and my passport has never been returned to me. As shown on my previous posts, they sent me a refusal letter in December and demanded a 'further application'. So My further application was sent on 13th December with loads of supporting documents.

I was hoping and expecting my application to be treated as from July as I don't have my passport since then. But today when I called, the telephone enquiry agent told me that the old application was closed and the reference number invalid and what they can see is ONLY the new application! So I think what he is trying to say is that they now only consider my application in December so it's possible I have another 6 months to wait!

I definitely need to travel in March and I am really upset about the whole situation. Would anyone suggest anything that I can do? I think it is totally wrong that my case is handled this way and my original application ignored. I am thinking to write a complaint letter, but would that help? They now hold my passport since 10th July, so more than 6 months and counting!

BTW, I am a non-visa national so if I do ask my passport back, I shouldn't have any problem traveling in and out the UK is that right?

Many thanks in advance for any suggestions.

[Directive/2004/38/EC]

LeLe,

As a non-visa national you can come and go as you wish. Travel with a copy of your COA and of your marriage certificate and of your partner's passport.

If anyone at the UK border gives you any grief, point out that your husband is an EU citizen. Get their name and badge number and then ask them to call their supervisor over.

As long as your husband is working or otherwise legally in the UK, you can enter the UK. You can only be excluded if you are a threat to national security, which I am assuming you are not.

[May13]

Hi Lele, what was the outcome of your application?
I am in a similar situation, HO has refused my application because I did not provide my valid passport with my application.
Like you I provided an old passport, a certified copy of the valid passport and a explanation on a cover letter stating that I couldn't supply my valid passport because French administration has requested to see it in a meeting which will take place in September, but I trusted they could advise if this will cause any problems with my application which in that case I would have sent my passport immediately.
I am conscious it is my fault but I am not sure what to do now.

I have received the same letter as you which asks me to 'make arrangements to leave the country' and also advises that they have retained my passport in a secure place, that my case was sent to a regional office and that I have the right to appeal.
However, I am not sure if I
- should re apply and forget about the appeal?
- re apply and appeal at the same time?
- should ensure HO link both cases, request to speed my case and finally return my old passport?

Out of curiosity, did you seek any compensation? One of my friends is a lawyer ( not an immigration one) and he was very surprised with the "threatening" approach, especially because he knows I ve been legally living and working in the UK for 7 years. He certainly did not think it was not necessary and encouraged me to seek compensation. I am not sure about this. Any advise?

Thanks all in advance for your comments/feedback