EEA Refusal: Lost/stolen passport .. PLEASE HELP ME :(((

[skychi]

Hello,

Please I really need the help of the knowledgeable people on here. My EEA application was rejected because My husband's passport was reported as lost.

We made the application, then after 4 months requested for the passport back because my husband wanted to make an urgent trip. He misplaced his bag which had his passport in it and had to report the passport as lost so they could issue him a new one. We thought because the passport was with the home office for 4 months and they had returned it to use after we applied to have it back, that they had finished with it and didn't need it anymore, not knowing they hadn't even started with it.

Well, they contacted the EU country embassy and the passport was flagged as lost. I got my refusal letter based on only that one point and I was advised that I had 14 days to appeal. I was also told I can send a new application.

My question is this:

1: what are my chances of winning the appeal?
2: If I cannot win the appeal, what other choices do I have?
3: How many days do I have as an overstayer?
4: The letter came to us really late which means I have only 3 days left on the appeal left. If I am not able to meet the date, when is the latest time I can send it a fresh application.

5: WHAT IS THE BEST ACTION FOR US TO TAKE?

PLEASE HELP ME in any way, with any advice or any suggestions. I am really down at the moment and do not want to have to leave.

Thanks a lot.

[skychi]

Please someone kindly help. Please. Anybody.....

[Obie]

Well the time start to count from the day you received it.

The refusal is wrong, as the passport was reported lost after it had been sent by the Home Office.

As a matter of law, there is really no basis for the refusal, unless they are suggesting that the person is not an EEA national or you are not a family member.

[skychi]

Well the time start to count from the day you received it.

The refusal is wrong, as the passport was reported lost after it had been sent by the Home Office.

As a matter of law, there is really no basis for the refusal, unless they are suggesting that the person is not an EEA national or you are not a family member.

Hi,

Thank you so much for responding to this. I am very grateful.

I got the letter today. Does it mean it starts counting from today?

They said they rejected it because I was supposed to show an Id for my sponsor and because the passport was reported as lost, that it means that I did not meet the sponsor ID Requirement of my application.

If I appeal, do you think I will win? Would it be better to appeal or to make a fresh application?

Thanks again for the response.

[Obie]

Did you receive the letter that states you should not return the passport again , unless it is required by the Home Office?

Has your husband acquired a new passport since?

[skychi]

Did you receive the letter that states you should not return the passport again , unless it is required by the Home Office?

Has your husband acquired a new passport since?

Hello,

Thanks again for the response.

I did not receive any letter like that.

I only got the refusal letter saying that the passport was reported as lost and therefore it was deemed that I did not fulfil the ID requirement of my sponsor. It also stated that I can appeal the decision with 14 days and that I can put in another application.

We are slightly confused on what to do. His new passport application is still ongoing.

[Obie]

When you request the return of documents, home office will send a letter when returning the document, asking you not to send the documents back , unless it is requested from you. Did you get that letter, or did your husband get it? Does he have a new passport now?

[skychi]

When you request the return of documents, home office will send a letter when returning the document, asking you not to send the documents back , unless it is requested from you. Did you get that letter, or did your husband get it? Does he have a new passport now?

I'm sorry I misread your earlier message. Yes, we got the letter when we got the passport back. He has applied for a new passport and we are waiting for it.

[Obie]

Does his country of nationality don't issue an ID card?

[skychi]

Does his country of nationality don't issue an ID card?

Please can I contact you? I cannot send messages yet because my account is new, but my friend is trying to contact you on my behalf. He does not really understand everything and I'd like to explain the situation with my husband to you. I just asked him to contact you because he has been on the forum longer than me and can send messages. If you have a number I can call, I will be most appreciative. Please...

Thanks.

[khers]

Good Morning,

I had the same problem with my application. I requested many times my spouse's ID back, and it was never delivered to us. After three months trying to get the ID, we had to report it as lost to get a new one since my partner had an accident in his home country and was requested the duplicate at the Hospital.

They are abusive and without legal justification hold the passports the time they want, which is not established in the EEA Regulations. They say that they have a six month limit to deliver the residence card, but not that they can hold the EEA national's identification document the same time. After many complaints now there is a expedited passport service for EU citizens for their applications.

My case was more complicated because the ID was in the hands of the HO officers. They even sent me the notification of refusal, out ot time. I appealed to the First-tier Tribunal Immigration & Asylum, presenting proof of the stamps on the envelope that contained the letter from HO to proof the out of date notification. The 14 days must be consider from the date you are legally notified with the letter, not the date they send it. At least that was the judge's point of view in my case.

I didn't have money at the time to pay for a solicitor to prepare my appeal, I did it with the help and advice of other people in this forum and reading the regulations. Basically I rejected the HO's refusal and added proof that my spouse's ID was never stolen that we had to report it as lost because of the accident and because of the poor Home Office delivery service that never sent his document back. I added a notarized declaration of my partner stating that the ID was not stolen and it was reported lost out of necessity and to request a duplicate.

You've got to present the appeal first through the online service at HM Courts & Tribunals website if you want to expedite the process and save time, you can state in the application that you will attach more information and you will be able to send it to the Tribunal by postal mail.

Finally my appeal was allowed to the full extent, the judge considered the HO's view was erroneous and said they cannot rely only on one document to establish the identity of the EEA national.

Of course each judge has it's own overview but perhaps my experience will be of some help.

By the way I am still waiting my BRP, nevertheless the judge's decision they keep delaying the issue of my residence card.

I hope one day this tory policy come to an end and they stop torturing people and applying this dearly beloved restrictions,

[skychi]

Good Morning,

I had the same problem with my application. I requested many times my spouse's ID back, and it was never delivered to us. After three months trying to get the ID, we had to report it as lost to get a new one since my partner had an accident in his home country and was requested the duplicate at the Hospital.

They are abusive and without legal justification hold the passports the time they want, which is not established in the EEA Regulations. They say that they have a six month limit to deliver the residence card, but not that they can hold the EEA national's identification document the same time. After many complaints now there is a expedited passport service for EU citizens for their applications.

My case was more complicated because the ID was in the hands of the HO officers. They even sent me the notification of refusal, out ot time. I appealed to the First-tier Tribunal Immigration & Asylum, presenting proof of the stamps on the envelope that contained the letter from HO to proof the out of date notification. The 14 days must be consider from the date you are legally notified with the letter, not the date they send it. At least that was the judge's point of view in my case.

I didn't have money at the time to pay for a solicitor to prepare my appeal, I did it with the help and advice of other people in this forum and reading the regulations. Basically I rejected the HO's refusal and added proof that my spouse's ID was never stolen that we had to report it as lost because of the accident and because of the poor Home Office delivery service that never sent his document back. I added a notarized declaration of my partner stating that the ID was not stolen and it was reported lost out of necessity and to request a duplicate.

You've got to present the appeal first through the online service at HM Courts & Tribunals website if you want to expedite the process and save time, you can state in the application that you will attach more information and you will be able to send it to the Tribunal by postal mail.

Finally my appeal was allowed to the full extent, the judge considered the HO's view was erroneous and said they cannot rely only on one document to establish the identity of the EEA national.

Of course each judge has it's own overview but perhaps my experience will be of some help.

By the way I am still waiting my BRP, nevertheless the judge's decision they keep delaying the issue of my residence card.

I hope one day this tory policy come to an end and they stop torturing people and applying this dearly beloved restrictions,

Hi,

Thank you so much taking out time to write. I am very appreciative.

Did you go to the appeal with both the old passport and the new passport to show to the judge?

[khers]

Good Morning,

I had the same problem with my application. I requested many times my spouse's ID back, and it was never delivered to us. After three months trying to get the ID, we had to report it as lost to get a new one since my partner had an accident in his home country and was requested the duplicate at the Hospital.

They are abusive and without legal justification hold the passports the time they want, which is not established in the EEA Regulations. They say that they have a six month limit to deliver the residence card, but not that they can hold the EEA national's identification document the same time. After many complaints now there is a expedited passport service for EU citizens for their applications.

My case was more complicated because the ID was in the hands of the HO officers. They even sent me the notification of refusal, out ot time. I appealed to the First-tier Tribunal Immigration & Asylum, presenting proof of the stamps on the envelope that contained the letter from HO to proof the out of date notification. The 14 days must be consider from the date you are legally notified with the letter, not the date they send it. At least that was the judge's point of view in my case.

I didn't have money at the time to pay for a solicitor to prepare my appeal, I did it with the help and advice of other people in this forum and reading the regulations. Basically I rejected the HO's refusal and added proof that my spouse's ID was never stolen that we had to report it as lost because of the accident and because of the poor Home Office delivery service that never sent his document back. I added a notarized declaration of my partner stating that the ID was not stolen and it was reported lost out of necessity and to request a duplicate.

You've got to present the appeal first through the online service at HM Courts & Tribunals website if you want to expedite the process and save time, you can state in the application that you will attach more information and you will be able to send it to the Tribunal by postal mail.

Finally my appeal was allowed to the full extent, the judge considered the HO's view was erroneous and said they cannot rely only on one document to establish the identity of the EEA national.

Of course each judge has it's own overview but perhaps my experience will be of some help.

By the way I am still waiting my BRP, nevertheless the judge's decision they keep delaying the issue of my residence card.

I hope one day this tory policy come to an end and they stop torturing people and applying this dearly beloved restrictions,

Hi,

Thank you so much taking out time to write. I am very appreciative.

Did you go to the appeal with both the old passport and the new passport to show to the judge?

Yes, I enclosed to the appeal bundle a certified copy of the old ID and one of the duplicate, with the notarized statement of my partner plus other documents I considered relevant for my case. It depends if you decide to appeal and request that the judge gives a sentence based on the documents only or if you decide to go to the appeal in an oral presentation audience at the court. The cost differs considerably in the last case,

The best of luck for you,