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Help!EEA2 Refusal,Passport Retained.

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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samfam
Junior Member
Posts: 61
Joined: Thu Jan 14, 2016 12:24 am
United Kingdom

Help!EEA2 Refusal,Passport Retained.

Post by samfam » Mon Jan 18, 2016 4:04 pm

Hi all!

Could anyone tell how can I request back my passport as HO retained it.I want to re apply for the application.Could you provide any number to call them.The numbers written on the application does not work.
Application sent : 8th Feb 2016 (Postal order)
Biometric received : 26th Feb 2016
Bimoetric sent : 26th Feb 2016
COA received : 1st March 2016 (with right of work)
Decision made : 8th Aug 2016
Residence card : 12th Aug 2016

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alex1128
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Posts: 278
Joined: Thu May 14, 2015 7:06 pm
Mood:
Morocco

Re: Help!EEA2 Refusal,Passport Retained.

Post by alex1128 » Mon Jan 18, 2016 4:07 pm

What's the reason of refusal ? when did you apply?

you can reapply without sending your passport because they already have it, you just need to state that in the cover letter...
Application sent: 25.06
Biometrics : 10/07 (dated 07/07)
COA: 29/07
Received Questionnaire: 09/11
RC : Refused ( 23/01/2016)
Appeal Filed : 25/01/2016

samfam
Junior Member
Posts: 61
Joined: Thu Jan 14, 2016 12:24 am
United Kingdom

Re: Help!EEA2 Refusal,Passport Retained.

Post by samfam » Mon Jan 18, 2016 4:21 pm

alex1128 wrote:What's the reason of refusal ? when did you apply?

you can reapply without sending your passport because they already have it, you just need to state that in the cover letter...
They said my Spouse (EEA national) is not acting treaty right hence, I don't have right to stay in Uk.But this was our mistake that we didn't update HO about his change of work.

I believe as this is our mistake neither we ask for reconsideration or appeal .Its better to make a new application.

Could you tell any contact no of HO consultant or any adviser to talk to?
Application sent : 8th Feb 2016 (Postal order)
Biometric received : 26th Feb 2016
Bimoetric sent : 26th Feb 2016
COA received : 1st March 2016 (with right of work)
Decision made : 8th Aug 2016
Residence card : 12th Aug 2016

samfam
Junior Member
Posts: 61
Joined: Thu Jan 14, 2016 12:24 am
United Kingdom

Re: Help!EEA2 Refusal,Passport Retained.

Post by samfam » Mon Jan 18, 2016 4:31 pm

alex1128 wrote:What's the reason of refusal ? when did you apply?

you can reapply without sending your passport because they already have it, you just need to state that in the cover letter...
I did not re apply yet ..
Application sent : 8th Feb 2016 (Postal order)
Biometric received : 26th Feb 2016
Bimoetric sent : 26th Feb 2016
COA received : 1st March 2016 (with right of work)
Decision made : 8th Aug 2016
Residence card : 12th Aug 2016

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alex1128
Member of Standing
Posts: 278
Joined: Thu May 14, 2015 7:06 pm
Mood:
Morocco

Re: Help!EEA2 Refusal,Passport Retained.

Post by alex1128 » Mon Jan 18, 2016 4:52 pm

You seem to be a bit agitated !!
Relax if your husband is exercing treaty rights then you guys can file an appeal and this matter will be sorted!
Application sent: 25.06
Biometrics : 10/07 (dated 07/07)
COA: 29/07
Received Questionnaire: 09/11
RC : Refused ( 23/01/2016)
Appeal Filed : 25/01/2016

samfam
Junior Member
Posts: 61
Joined: Thu Jan 14, 2016 12:24 am
United Kingdom

Re: Help!EEA2 Refusal,Passport Retained.

Post by samfam » Mon Jan 18, 2016 5:32 pm

alex1128 wrote:You seem to be a bit agitated !!
Relax if your husband is exercing treaty rights then you guys can file an appeal and this matter will be sorted!
Well ..Yes he is ..

You think appeal is better option ? I read appeal timeline on the forum of 1 year -2 years :/ .That's pretty long time .
Application sent : 8th Feb 2016 (Postal order)
Biometric received : 26th Feb 2016
Bimoetric sent : 26th Feb 2016
COA received : 1st March 2016 (with right of work)
Decision made : 8th Aug 2016
Residence card : 12th Aug 2016

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Help!EEA2 Refusal,Passport Retained.

Post by noajthan » Mon Jan 18, 2016 5:54 pm

samfam wrote:
alex1128 wrote:What's the reason of refusal ? when did you apply?

you can reapply without sending your passport because they already have it, you just need to state that in the cover letter...
They said my Spouse (EEA national) is not acting treaty right hence, I don't have right to stay in Uk.But this was our mistake that we didn't update HO about his change of work.

I believe as this is our mistake neither we ask for reconsideration or appeal .Its better to make a new application.

Could you tell any contact no of HO consultant or any adviser to talk to?
This HO guidance explains the procedures HO uses in these circumstances, once you come up on their radar.

Page 8 shows removal is quite unlikely as the decision has to be proportionate.
(if you are now working & can prove it removal would no longer be proportionate).

Page 58+ shows how workers are assessed.

And Annex A, page 38+ shows the decision-making process.

Ref: https://www.gov.uk/government/uploads/s ... A_v8_3.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

pucitian
Newly Registered
Posts: 2
Joined: Sun Jan 17, 2016 1:01 am

Re: Help!EEA2 Refusal,Passport Retained.

Post by pucitian » Mon Jan 18, 2016 9:15 pm

Hi all,

I am new in this forum.
here is the timeline for my wife's application.

1) I applied for my registration certificate and BRP for my wife on 27th of July 2015.
2) Biometric enrollment on 11th of August 2015.
3) COA with work on 26/08/2015.
4) Registration certificate and BRP rejected on the 7th January 2016/letter received on 13 January 2016,because they are not satisfied that my business as self employed is active .

I started my self employment on 10th of June 2015 and sent my accountant letter alongside receipts of payment but in October I started to work for an IT company for a month and since November found another job in Domino's. On 23rd December 2015 I sent my two pay slips (one from IT company and one from domino's),employment letter from domino's ,tax credit and child taxt credit benefit award letter to the home office.

The decision to reject our application was made on 07/01/2016 and this latest documentation was not taken into the consideration, I have proof that home office has received that documentation from the royal mail website, furthermore they have not sent my wife's passport and on her rejection letter it's written to leave UK as soon as possible!!!

My older kid is going to the kinder-garden and other is only 20 months old, could anyone kindly tell me what are my options in such case?

I shall be very thankful to you.

Regards

PS:
I think this topic was the most suited place to post my experience instead of creating a new one.

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Casa
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Posts: 25769
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Help!EEA2 Refusal,Passport Retained.

Post by Casa » Mon Jan 18, 2016 9:25 pm

pucitian you have high jacked another member's thread. Apart from it being unfair to the OP it will also cause confusion. Please start your own thread.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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alex1128
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Joined: Thu May 14, 2015 7:06 pm
Mood:
Morocco

Re: Help!EEA2 Refusal,Passport Retained.

Post by alex1128 » Mon Jan 18, 2016 9:30 pm

samfam wrote:
alex1128 wrote:You seem to be a bit agitated !!
Relax if your husband is exercing treaty rights then you guys can file an appeal and this matter will be sorted!
Well ..Yes he is ..

You think appeal is better option ? I read appeal timeline on the forum of 1 year -2 years :/ .That's pretty long time .
Appeal first and send a new application at the same time ;)
Application sent: 25.06
Biometrics : 10/07 (dated 07/07)
COA: 29/07
Received Questionnaire: 09/11
RC : Refused ( 23/01/2016)
Appeal Filed : 25/01/2016

samfam
Junior Member
Posts: 61
Joined: Thu Jan 14, 2016 12:24 am
United Kingdom

Re: Help!EEA2 Refusal,Passport Retained.

Post by samfam » Mon Jan 18, 2016 9:35 pm

alex1128 wrote:
samfam wrote:
alex1128 wrote:You seem to be a bit agitated !!
Relax if your husband is exercing treaty rights then you guys can file an appeal and this matter will be sorted!
Well ..Yes he is ..

You think appeal is better option ? I read appeal timeline on the forum of 1 year -2 years :/ .That's pretty long time .
Appeal first and send a new application at the same time ;)
Do I have a right to appeal because I think its my fault not to update HO about my spouses's employment update ?
Application sent : 8th Feb 2016 (Postal order)
Biometric received : 26th Feb 2016
Bimoetric sent : 26th Feb 2016
COA received : 1st March 2016 (with right of work)
Decision made : 8th Aug 2016
Residence card : 12th Aug 2016

User avatar
alex1128
Member of Standing
Posts: 278
Joined: Thu May 14, 2015 7:06 pm
Mood:
Morocco

Re: Help!EEA2 Refusal,Passport Retained.

Post by alex1128 » Tue Jan 19, 2016 8:32 am

It should be stated in your refusal letter whether you have the right of appeal or no ! :roll:

There is another route which is send your documents to the case worker for reconsideration but Im not sure how it works, another forum member might help you with this ...
Application sent: 25.06
Biometrics : 10/07 (dated 07/07)
COA: 29/07
Received Questionnaire: 09/11
RC : Refused ( 23/01/2016)
Appeal Filed : 25/01/2016

User avatar
alex1128
Member of Standing
Posts: 278
Joined: Thu May 14, 2015 7:06 pm
Mood:
Morocco

Re: Help!EEA2 Refusal,Passport Retained.

Post by alex1128 » Tue Jan 19, 2016 8:32 am

It should be stated in your refusal letter whether you have the right of appeal or no ! :roll:

There is another route which is send your documents to the case worker for reconsideration but Im not sure how it works, another forum member might help you with this ...
Application sent: 25.06
Biometrics : 10/07 (dated 07/07)
COA: 29/07
Received Questionnaire: 09/11
RC : Refused ( 23/01/2016)
Appeal Filed : 25/01/2016

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