I wanted to discuss the recent refusal letter that i received for the application of the UK BRP / EEA-2 residence card.
Long story short i was refused because i didn't submit my original passport with the application. I had however submitted a full page photocopy stating that since i am working as a pilot, and need my passport with me at all times due to the nature of work i undertake, it is impossible for me to do so, in the application window "if not state why you cannot submit your passport " also with a letter written from me requesting the same. It took 6 months for them to refuse this request.
Secondly, i submitted alternative ID that i could ( in my country we have something known as a TAX ID card , with my name and photo and government emblem ) - aka Government issued Photo ID, along with my Driving License . - now apparently both not good enough
Anyway here is the letter i received.
…. On this occasion your application for a residence card has been refused on grounds that you have not provided evidence in the form of :
- A valid national passport or national identity card or any other document as evidence of your identity.
Whilst we understand that you require your passport with you for work, this department must see your original passport on application. You can always request your passport back using our return of Documents Mail Box
As your entitlement to rely on the provisions of the immigration (EEA) Regulations 2006 cannot be established there is no right to 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.
If you consider that you have a right to reside in the United Kingdom as a matter of European Law, and are in a position to submit the necessary information to support your application for a residence card as recognition of that right,you may wish to submit a further application.
As you appear to have no alternative basis of stay in the United Kingdom you should now make arrangements to leave. If you fail to do so voluntarily your departure may be enforced. In that event we would first contact you again and you would have a separate opportunity to make representations against the proposed removal. Help and advice on returning home can be obtained from the home office on 020 8760 2290 between the hours of 9 am and 5 pm Monday to Friday.
Your documents have been retained and responsibility for your case has now been passed to your regional case ownership unit / local immigration team. You should contact them (between the hours of 9am and 5pm Monday to Friday) by telephone to discuss your departure from the United Kingdom. It is important that telephone contact is made prior to you making any firm travel arrangements in order to allow adequate time for your documents to be retrieved from a secure place of storage.
Please note that your entitlement to remain in the UK has solely been assessed on the basis of the immigration (EEA) regulations 2006. If you consider that you are entitled to remain in the UK not he basis of other Immigration legislation then please visit the Home Office Website at http://www.gov.uk/uk-visas-immigration and submit an appropriate application.
Sincerely
Ian Foley
NWEURO4
Uk Visas and immigration.
I am really in anguish as with the pyramids of documentation i've submitted to them, contact details, etc , they once did not contact me, saying it is imperative i submit my passport. i really feel that my rights have been infringed, and the home office is not interpreting the EU law as it normally should. i feel that i am being harassed as it is really not possible for me to submit my passport more than 5 working days - start to end ( thats when i am at home in London ) otherwise i am on work the rest of the 25 days of the month ( foreign carrier )
I clearly have no clue what to do, and taking legal action did cross my mind … because of my frustration, but i really am clueless. and i like every else, i just want to get the BRP and get on with life!
would appreciate any ones help / comments / similar experience /advice on here !
thank you guys once again.
Ps;- i would like to add i must applaud mister Ian for giving me a detailed step by step description on what to do should i choose to leave the UK (or be forcefully removed )
however - should i feel i do have a right to remain in the UK under EU law quote unquote , i may wish to submit a further application…… >>
when ? where ? how ? just my passport or the whole pantheon of documents again .. you know i have a genuine problem to submit my passport - so how many days will you return my passport. No clue ..
