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:- as meaning that is was your passport that had expired, which is why I asked about your French ID Card!We provided all they asked for except for valid passport, as it is with held by UKBA and now expired
So to summarise the situation at the moment as I see it, the Directive gives rights to the family member, but also because of lack of valid passport, UKBA cannot be forced to issue a Residence Card. And without the residence Card your wife has no way to convince an employer of the right to work.Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.
Strickly speaking, the HO makes provision for people who don't have passport for one reason or the other, they also use discretion in granting Residence Card to people who produce other conclusive evidence they are family member of an EEA national as claimed.[b]Caseworker guidance on Residence Card Application[/b] wrote:
Applicants producing other forms of conclusive evidence
Where no valid identity documents are available, for the caseworker to exercise discretion and issue a Residence Card, the applicant must provide sufficiently conclusive evidence to satisfy us that the family member seeking a Residence Card is the person who married the EEA sponsor (e.g. submission of wedding video that conclusively shows that the applicant was the person who actually married the EEA national). If this evidence is not provided with the submitted Residence Card application we should write to the applicant requesting conclusive evidence as to their identity (i.e. a passport, or Home Office ID) or another form of conclusive evidence (e.g. a wedding video). If they fail to produce further evidence, then we would refuse the application. The applicant would have no right of appeal if they had produced no evidence as to their identity or would have a right of appeal under Regulation 26 (3) (b) if they had produced some evidence but we were not satisfied as to the quality of the evidence.
Where the refusal of the Residence Card is on the basis of not being satisfied that the non-EEA national is a family member of an EEA national, but the applicant later produces conclusive evidence to prove they are a family member, reconsideration of the decision to refuse a Residence Card is appropriate. Caseworkers must, however be, satisfied that the EEA national is still exercising their Treaty Rights in the UK at the time of reconsideration.