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Applied for NON EEA PR and UKBA Issued another 5 year RC

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

noajthan
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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by noajthan » Tue Aug 09, 2016 10:12 am

srk123 wrote:thanks noetic

...

My problem is I dont Know who to write to and at what address and How do I request this subject access Request ????? please help :( :( :( also on the letter it says if I find any problem I should notify them in 10 day of receiving the card. and the email address they give is only for Printing mistakes on the Card I sent them an email Anyway... no response so far....

Suggest write to original application address and/or the address you have quoted above (wherever that came from).
Or send letters to both addresses: belt and braces approach!
All that is gold does not glitter; Not all those who wander are lost. E&OE.

srk123
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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by srk123 » Tue Aug 09, 2016 10:21 am

noajthan wrote:
srk123 wrote:thanks noetic

...

My problem is I dont Know who to write to and at what address and How do I request this subject access Request ????? please help :( :( :( also on the letter it says if I find any problem I should notify them in 10 day of receiving the card. and the email address they give is only for Printing mistakes on the Card I sent them an email Anyway... no response so far....

Suggest write to original application address and/or the address you have quoted above (wherever that came from).
Or send letters to both addresses: belt and braces approach!
Agreed Im gona shooot letters in all directions and addresses now I think... I dont Like this Dis-organised approach in Official matters but Home office left me no choice my fear is multiple letters only going to create more confusion...

also where do I request for subject access ?

Noetic
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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by Noetic » Tue Aug 09, 2016 1:47 pm

In the ILR forum here (I think) there is a pinned thread on how to do a subject access request. Although please note you now need the copy of your documents notarised.

secret.simon
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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by secret.simon » Tue Aug 09, 2016 3:15 pm

Here's the link on the Gov.uk website for applying for an SAR with the UKV&I.

The provision for a solicitor-verified photo-copy of identification is certainly news to me. Not entirely sure that is within the requirements of the Data Protection Act. The Information Commissioner's Office may need to be involved into this.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by Noetic » Tue Aug 09, 2016 4:29 pm

secret.simon wrote:Here's the link on the Gov.uk website for applying for an SAR with the UKV&I.

The provision for a solicitor-verified photo-copy of identification is certainly news to me. Not entirely sure that is within the requirements of the Data Protection Act. The Information Commissioner's Office may need to be involved into this.
Yes they added that in June which obviously makes things more difficult!

srk123
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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by srk123 » Tue Aug 09, 2016 5:01 pm

thanks for the link guys now I'm gonna send letters and email on the addresses of the Home-office letters I have received and see what they say and keep you guys updated... :(.

also i found this

http://storbritannien.um.dk/en/travel-a ... nationals/

and this

http://www.immigrationboards.com/eea-ro ... 94295.html

noajthan
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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by noajthan » Tue Aug 09, 2016 5:10 pm

Right to work docs, includes pictures of EU docs (safe for work):
https://www.gov.uk/government/publicati ... yers-guide
All that is gold does not glitter; Not all those who wander are lost. E&OE.

srk123
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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by srk123 » Tue Aug 16, 2016 4:04 pm

Posted letters to the Case worker Last Tuesday and sent Email to BRPManagementServices@homeoffice.gsi.gov.uk... as instructed on the Decision letter I received from HOME-OFFICE if there is a Mistake with My Application... and then I received a Response from them saying someone will get in touch with you within 1 working day and that was on Thursday and no one got in touch to this day and There is no acknowledgement that the case worker has Received my letter or Is it somewhere in the home-office Buildings across Liverpool... :?

What do I do my life is on Hold even after 11 hard Years Going through this visa that visa....

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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by srk123 » Tue Aug 16, 2016 9:10 pm

anyone please reply obie secret.simon neotic noajthan guys need your help pls...

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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by Wise » Wed Aug 17, 2016 8:42 am

You have done the right thing and with my experience it takes nearly 3 month before the so call case worker rang and said that I should send the documents back to him.

I can feel your stress and this is part of the faustration we have to go through if you're not born in UK which many people don't understand.

It will be corrected if the mistake is from them. If you wait for max 3mth and no reply just write another one through solicitor with about £70 we paid. Just try don't write with anger though.

From what I read in your thread it look like a mistake as you said your sponsor got PR already and there was no compulsory law that says with PR they still have to work except they start to use another interpretation especially if you make application without a lawyer.

Anyway that letter you received I personally have never had of it in this forum.

Good luck all will be okay.
It is really good to help and everyone deserve to be respected in life. Good luck.

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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by Wise » Wed Aug 17, 2016 8:54 am

Another thing have seen happened in this forum was somebody issued with RC instead of PR and because he strongly believed that he qualified for it. He has to make another application with punch of documents directly the same caseworker dealt with it in the first place with very clear points and the case worker rang him said why is he applying for what he already got.

Meaning the mistake was from the actual department where the sticker was placed on his passport. All was later corrected by the lady caseworker. If I can still find the thread I will send it to you it was around 2014 to 2015.
It is really good to help and everyone deserve to be respected in life. Good luck.

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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by Obie » Wed Aug 17, 2016 9:23 am

srk123 wrote:strangely there is information on this forum for every situation except a situation like this and the mystery of the address to write to is another puzzle... without which I'm turning to be a patient with sleeping dis-order :( :( :( just dont know what to do or who to ring or write... how inefficient on Home office part even after half a year time.....

Obie » Mon Aug 08, 2016 7:59 pm

Wait for the BRP and threaten legal action if the decision is not rescinded.

I have received BRP and its a wrong one Obie but don't know who to threaten with legal action and at what address..
Well you need to contact the litigation Hub of UKVI and threaten Judicial review.
Smooth seas do not make skilful sailors

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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by srk123 » Wed Aug 17, 2016 9:34 am

Thanks wise for your reply and did you say you went through the same problem ? did you applied for PR and they gave you RC ??? if yes can you explain what exactaly happend and when was this??? and 3 months for there reply to just a letter not the application from me.... when they already had it for 6 months ?? there must be a way this can be dealt as its them who made the mistake I dont know why any of the GURUS OR MODS not replying ???

Help needed Please.... Obie secret.simon Jambo nojathan and anyone else who know what they talking about.....

wise see if you could find that thread from the other case pls...

noajthan
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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by noajthan » Wed Aug 17, 2016 9:37 am

People reply when they are available and when they have something to contribute.

You just had a senior Moderator reply to you (above). Have you acted on his valuable advice?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by srk123 » Wed Aug 17, 2016 9:58 am

Thanks Obie for your response and how do i do that on what address and what should I mention in the letter from the legal legislation point... along with the mistake or adverse conclusion they made without any explanation...


and thanks nojathan I think we just posted at the same time and missed Reading the other's post but thanks anyways...

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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by Obie » Wed Aug 17, 2016 10:08 am

Smooth seas do not make skilful sailors

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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by srk123 » Wed Aug 17, 2016 10:45 am

Thanks Obie I just went though that form do I have to submit any supporting documents to prove my case and if yes Like what documents ~??? same as the one with my main application or just any 1 ?

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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by Wise » Wed Aug 17, 2016 3:50 pm

Like I said if you think you can apply that protocol review sent to you by youself fine, if not try and get someone who's very legal to do it for you with a very good point why you qualify for what you apply for.

Give me the rest of today/ tomorrow I will fine that thread for you.
It is really good to help and everyone deserve to be respected in life. Good luck.

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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by srk123 » Wed Aug 17, 2016 7:51 pm

thanks wise for your time and advice... so you reckon I should go with a solicitor for this Judicial review pre-action protocol.. that Obie advised ??? also what do you think obie is it something I should use a solicitor or shall I just make it myself ??? pls guys advice....

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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by srk123 » Fri Aug 19, 2016 2:53 pm

Guys I need some help

I am doing the Pre-action Protocol Judicial Review form and in the form they ask questions at different places

1st Questions

The details of the matter being challenged, set out clearly the matter being challenged.

Here I explained this....

I had applied for PR Card with an PR FORM with all the Relevant evidence and I was issued a 2nd EEA2 Residence Card without Any explanation or Justification of the Adverse Decision.

But for Unexplained reasons I was issued with another 5 years Residence Card and I will like to challenge that unjustified Decision and Request that I be Issued with my Confirmatory PR CARD at the earliest as I have passed the 6 months time Limit on a Application with a Wrong Decision In the end. And after writing several Emails to the BRCError@homeoffice.gsi.gov.uk and Letters to the Case worker I had no Response to my query's and now I would like to take it further to Resolve the issue.


2nd question in the form

Set out a Brief summary of the facts and Relevent Legal Principles,

what was needed from me to gain my confirmatory PR card and what I submitted was...

1.My Passport
2.Proof of residence for the last 5 years (submitted 5 years Teneny agreement along with Random collection of Bank statements, payslips and P60's)
3.A Marriage Certificate
4.WIFE'S PASSPORT/ID
5.PR FORM COMPLETED
6.My wife's PR blue Card,
(wife's DCPR acquired in 2015 January on the basis of excising EEA treat Rights as a worker Nurse with the NHS between 2009-2014. after submitting 5 years P60s and a collections of Bank statements payslips and 5 years Tenancy agreements.)
7. NHS JOB Contract between 2015 and Now of my EEA wife(although this was not necessary as she already has DCPR but I submitted it anyway)

Accoding to EEA regulations2006
15. (1) The following persons shall acquire the right to reside in the United Kingdom permanently—
(b)a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;

3rd Question

The Details of the action you want Home Office to take.
set out the details of the Remedy sought, including whethere a review or any interim remedy are being
requested.


what do I write here Please guys I need your HELP

and is all the other answers to the question in the form that I have put above are Right or need changing
Obie wise nojathan secret.Simon and all other senior expereinced Gurus pls help me with this....

srk123
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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by srk123 » Sat Aug 20, 2016 1:42 am

guys somebody please help me Obie can you please advise me further I really appreciate your time and advice pls i need some help with this...

noajthan
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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by noajthan » Sat Aug 20, 2016 8:11 am

Suggest enlist a legal professional to help with this; PAP is serious business, there's sure to be a right way and wrong way to present it.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

srk123
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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by srk123 » Sun Aug 21, 2016 11:57 am

Thanks nojathan fo your reply....So you suggest I should Go with a solicitor for this any Recommendation of a Good solicitor... A solicitor who is Professional and know EEA Reguations and someone who is not a Ripoff.

Wise you was saying it cost 70£. if you there please respond I need your Help Guys pls...

noajthan
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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by noajthan » Sun Aug 21, 2016 12:04 pm

noajthan wrote:Suggest enlist a legal professional to help with this; PAP is serious business, there's sure to be a right way and wrong way to present it.
We will not recommend or endorse here.
Check on Law Society and OISC websites to find a legal professional.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

srk123
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Re: Applied for NON EEA PR and UKBA Issued another 5 year RC

Post by srk123 » Sun Aug 21, 2016 12:37 pm

ok thanks nojathan... do you think I can make a new application while Im waiting for this Mistake of ukvi/caseworker to get resolved... so far so many letters and email not a single response from this people except 1 email from BRPErros which said someone will contact in 1 working day nothing since then no one contacted after so many working days....

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