Post
by LauraN29 » Mon Nov 18, 2019 6:23 pm
I wanted to update this in case it's useful for anyone .
Legally, a person doesn't need a passport to apply for an EEA permit. I was advised by a lawyer that it's possible to apply without a passport if the person can prove they have no way of getting one. This is according to Regulation 42: " the Secretary of State may accept alternative evidence of identity and nationality where the person is unable to obtain or produce the required document due to circumstances beyond the person’s control". This was quoted to me by the Home Office itself.
My husband cannot return to Iraq, hence the reason he fled. This is not an option. Of course we would like to wait for Spain's decision, but it has already been 2.5 years and no end in sight. We can't possibly wait even longer for a possible negative decision. Also, without asylum support, housing or the right to work, it's impossible to carry on like this long term. I have a right to be reunited with my husband, and I'll push as hard as I can.
All this being said, we applied for a family permit on 10 September, and were rejected on 25 September (the day after my first post actually) due to a lack of evidence that my husband tried everything to get a passport. We now have all of those documents proving he did, two lawyers letters and every single form of ID he has confirming his ID. We reapplied on 10 October and are waiting. It's been almost 6 weeks and the waiting is a killer.
I hope this is helpful to someone.