EEA4-DILEMMA

[troubled]

I posted my situation on this forum that my PR has been refused because my EEA member (spouse) passport attached to the application has expired. I lodged the appeal which is due on 14th April,2010.Initially my spouse refused to renew her passport or give me her national identity card. Fortunately my wife has had changed of heart by providing me with her new passport and national ID card.My dilemma is whether to withdraw the appeal and make fresh application or go ahead with the appeal now that I have my wife`s documents to prove her identity and nationality.But looking at the HO records with processing of EEA applications I do not want to make fresh application as that will take ,who knows ages because my first application took HO 15 months to refuse that.If I should go ahead with the appeal it means I have to pay £2500 to my solicitor who is going to argue nothing as the issue at hand has now been rectified but this will speed up the PR process as the outcome will be obvoius- APPEAL ALLOWED.I do not know what my solicitor and HO presenting officer will be arguing about. Please I need your advice.

[Obie]

I don't think you should pay him, you should just go to the AIT on your own.

That 2500 pounds, will probably be best given to a charity than paying a solicitor who will not be doing much besides submitting you wife's passport.

DOn't put in a new application, send the ID or passport via registered mail to the HO, and a cover letter stating your case. Take a copy of the passport and ID card to show the AIT when you go there, and inform them you have submitted the original to the Secretary of state.

It will be helpful if your wife can accompany you to the AIT, if she can't then that is fine.

[kashyme]

Obie is right
don`t give ur solicitor a penny
as your x wife now providing u with the passport , you can handle the situation yourself

Good luck

[troubled]

Thanks for your quick response .So does it mean that I can send the ID to HO before the appeal.Thanks Obie and others.I will do that on tuesday.I just got my wife`s ID`s today so I will speak to my solicitor on tuesday.Thanks for your advice

[troubled]

Hello Obie.with regards to the sending of the ID to HO do I have to send it to the caseworker who refused my application or is there special address that I have to send it to? My wife will be working on the day of appeal as she just returned from her long break so she cannot accompany me on tha day.More advice please.

[jimkam]

Hello Obie.with regards to the sending of the ID to HO do I have to send it to the caseworker who refused my application or is there special address that I have to send it to?

Hey troubled,

You can address it to the Caseworker who refused the original application. They all have individual pigeon hole which they must check daily. If you just address it to a "Department", it will still get there but it not be given any priority as it will simply join the queue. All the departments have dedicated people specifically employed to open new mails and put them in categories.

I know this because i had a friend who worked for the HO in Croydon. I would advise you to mark the bottom of the envelope: "Urgent Response Required Please" and highlight it with a marker. It always works. That way, it doesn't just reach the exact caseworker, it also draws his attention to the fact that urgent response is required. He will be forced to open the envelope and see what's inside as the envelope could have been sent by someone within government. I hope this helps. Good luck.

[Obie]

I agree, address it to the caseworker as the previous contributor suggested.

Take a copy or get a solicitor to do a certified copy which you would show to the tribunal and inform them you have sent the actual copy to the Secretary of State.

[troubled]

Thanks for your contributions.Can HO decide not to appeal at the hearing if they receive the ID, that will be a hugh relief though but I do not think HO will do that but to waste taxpayers money. I have already drafted the covering letter addressed to the caseworker who refused the original application.