HO request old passport for AN application

[CAHGPUC]

Dear all,

Today, I received a letter (dated 19 March) related to my AN application. For some reason, Home Office is asking me to send more evidence to my application. They are requesting an original passport or National ID, used to enter the UK back in 2008. Since then, I have changed my passport, and unfortunately can't find any of my old IDs.

Has anyone received this sort of requests? What can be done? Is there any alternative document HO can accept?

There is a tight deadline to provide the requested ID (by the 2nd of April), so any advices are highly appreciated.

Kind regards,
Inna

[dontringthebell]

Please give more info about your application i.e. application date, what nationality what criteria etc.

What visa did you enter UK with, do you have any photocopies of old passport or national I'd used to enter in 2008 .... did you have any issues back then that you are aware of and did not declare in the application

[CAHGPUC]

Thank you for a prompt reply.

Application date: 16 Feb 2018
Nationality: EU
First time enter to the UK without visa (EEA national).
The only issue I can think of is WRS (Work Registration Scheme). I got it with my very first employer, and after I changed the job, I didn't apply for another one, as nobody asked for it.

Photo of the recent HO letter: https://ibb.co/du7Qun

What is the best phone number to contact Home Office? Does it worth calling them?

Thanks a lot in advance.

[dontringthebell]

Looking at the letter and what you say regarding WRS, I suggest you please send them a letter explaining your exact situation from the time. If you can, please apologise about not mentioning about it in genuine error and be honest in your response. The content of this letter an it's tone only mean this is your last chance to come out, don't take it lightly. If you have lost the I'd you can't do anything about it but I'm sure you can explain.

Please also try to dig any scanned copies of your passport and ids. If you lost your passport, ID's etc please provide them with any complaints to police or any authority you made.

[CAHGPUC]

Thank you for advices, dontringthebell.

I was wondering about the first two paragraphs in their letter, where they talk about "Good Character". They didn't make much sense to me until your reply. Now, after your suggestions, I start to think that WRS is the topic that may need more clarification for them. Feels like the fact that they started their letter with mentioning "Good Character" requirement, they are giving a hint on what they require.

As for their request of the old IDs from 2008, I got my EU country naturalisation certificate (originally, I am non-EU) issued back in 2004. It is in the language of EU country that issued it. I want to translate and use it together with an explanation letter (WRS situation). Do you think it is enough to prove that I was EEA National back in 2008, when I enter the UK for the first time?

Appreciate your help!

[dontringthebell]

As it says in the letter, Good Character cannot be put into words or described. Anyone who follows what he/she is obliged to, stays within the law and adheres to British law and immigration is deemed to have good character, maybe more in some cases, however, one thing is certain anyone who does not can be rejected easily. If as an immigrant one does not fall in line, what are the chances they would once citizen? Hence, the questioning.

I guess they want you to declare anything and everything on the AN form that could be termed illegal/outside the defined guidelines/rules etc. The more you are honest easier it becomes for them to conduct the checks. If you were required to have a WRS at the time and for some time it ran out and you were working or whatever, they want to know. You need to come out clean to them.

Also, as you were naturalized to an EU country IF you did not have an active ID, WRS as per there records, they might be speculating you as illegal, I mean if they don't have any information. You didn't use a non-EU passport to enter in June 2008, did you?

Obviously, they know you were here in June 2008 and they have some evidence, this is a very direct question, hence, You need to provide the document which establishes you were here, please think what that could be.

[CAHGPUC]

I used my EU-country passport to enter the UK back in 2008. The date of the entry ("June 2008") was stated in my application, so this what HO refers to. Like I said, I got my EU-country Naturalisation certificate dated back to 2004, which should be enough to prove that I could legally travel around EU, including the UK. I will speak with my country embassy on Monday, to find the way to prove that I had my EU-country passport back in 2008.

By the way, in the second paragraph of the letter, HO mentions about "Staff guidance, instructions and country information" (Annex D Paragraph 9.7 (b)). The only link related to Annex D, that I managed to find is here - http://webarchive.nationalarchives.gov. ... iew=Binary

I believe, it is a bit out of date (2013), and "Paragraph 9.7" doesn't have section "(b)". Does anybody know, if there a newer version of the document?

[dontringthebell]

I think the following

"The Worker Registration Scheme and EU8 nationals
On 1 May 2004 a group of Eastern European nations joined the EU. These were the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia. When these ‘EU8’ nationals joined, the UK introduced restrictions on their ability to work in the UK. These lasted until 30 April 2011. The restrictions meant that in order to work lawfully in the UK, EU8 nationals had to register their employment under the Worker Registration Scheme. Once they had completed a continuous 12 months employment under the scheme, they could work freely and no longer needed authorisation from the Home Office in order to take up a post.
If you are an EU8 national and claim to have acquired permanent residence by relying on any period of employment between 1 May 2004 to 30 April 2011, in order to obtain a permanent residence card you will need to show:
 that your employment was registered under the Worker Registration Scheme and so lawful or
 you were exempt from the requirements of the Worker Registration Scheme during that period of employment
If you rely on employment that does not come under either of the conditions above, it will be deemed as unauthorised and so not count towards the 5 year qualifying period you will need to acquire permanent residence."

and following from https://www.gov.uk/government/uploads/s ... .0-EXT.pdf

"9.7 Evasion of immigration control
The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission" apply to your case. I definitely think it's your citizenship coupled with WRS.

[CAHGPUC]

Ok, it starts to make more sense now. Thank you.

Do you think there are still some chances?

I can show that I had WRS with my first employer (less than 12 months) and the 2nd one simply didn't ask for it.

Any other suggestions?

[dontringthebell]

Since WRS was not a visa, the responsibility to own one rested upon with the individual rather than the employers to ask for it (unlike in cases of work permit or tier 2).

Though at some stage you were outside the defined law/requirements/expectations of you. I don't think whether one can weigh on chances so straightforward, though another perspective being, having known everything all along they have still requested you to produce documentation, they could have gone other way as well but they didn't choose to do so.

I do feel if you answer honestly and give them sufficient reason for not obtaining your WRS for second employment caseworker might apply for discretion. I don't know of the costs but consulting a immigration lawyer at this stage might be a good idea, atleast it would be better than spending another 1300.

What was the duration of your first and last employment, was there gap or were they continuous? Also could you get any copy from your records, least they would like to see it.

I wish you the best.

[CAHGPUC]

The first job in the UK was like 3-4 months long. I have been in the current company since 2009. That’s nearly the whole time that I have spent in the UK.

My son has already received his British citizenship, and HO didn’t ask about his old passport. He is suggesting to simply answer to HO request on my old IDs, since they don’t mention about WRS or anything like that. Is there any point to go into WRS topic without their request?

In Permanent Residence application form, there were specific questions about WRS, which I honestly answered. Haven’t seen these sort of questions in AN form. Did I have to state about WRS situation in AN form? if yes, then where?

Cheers.

[dontringthebell]

If you only worked for 4 months and then nothing for rest of the initial 12 month period, you did not need to renew WRS anyway. If you started another job within the initial 12 month period then you were required.

HO asked you about the document used to enter UK in June 2008 citing you were in contravention of immigration rules (when they refer to section 9b etc etc). I don't think just want to know about your EU passport that they are aware of obviously.

Was your son's case same as yours, probably not. Even parents of British citizens have been denied citizenship, obviously they themselves were given ilr by same HO. All is not just the same even though it looks.

Had I been in your position, I would simply provide them with as much clear and concise information honestly as I can and have.

I haven't seen anyone getting second round of questions, hence upto you. I'm not a immigration lawyer and can only suggest, what you do is your choice and decision. When in doubt take legal advice.