Letter to the UKBA, please scrutinise and comment. Thank you

[mcovet]

This is a letter which follows the story in this link (can't learn how to hide the link in words as others do, please teach if you can).

http://immigrationboards.com/viewtopic.php?t=74125

Briefly, UKBA returned the passport with a Document Cerfitying permanent residence for an EEA national wife and a residence card for the non-EEA national husband. This was non-EEA's second valid residence card in his second valid passport and UKBA notified non-EEA that his older but valid RC was cancelled in order to issue this new one. Also, UKBA requested the old passport be returned to physically cancel/destroy it?!


PLEASE DO SCRUTINISE AND SUGGEST AMENDMENTS!!! As this is probably the first of its kind, I need it to sound solid. Many thanks in advance!!!


Dear Faye Harris 17 March 2011


Matter 1
Cancellation/Destruction of earlier valid Residence Card

Thank you for your letter dated 8 March 2011, notifying us of the decision to issue a residence card to myself and a document certifying permanent residence to my wife, *****.

In the same letter you make an unusual decision to cancel previous residence card placed in my older but still valid passport and further ask for it to be sent to you for destruction.

Basic questions of law arise, WHY and on WHAT GROUNDS do you demand such cancellation/destruction?

I have to take serious issue with this erroneous interpretation of both the EC Directive 2004/38 (the ‘Directive’) and the Immigration (EEA) Regulations 2006 (the ‘Regulations’). The requirements for the issue of residence cards under Regulation 17(1) are exclusive of any other requirement. Therefore, once an applicant provides (a) a valid passport and (b) proof of the relationship with a qualified person/permanent resident, the residence card must be issued. Whilst under national immigration laws similar request by the UKBA could have been entertained, there is no legal basis under European legislation for cancelling other residence cards which merely play the role of confirming the holder’s right of residence in a Member State.

The residence card itself does not confer any rights on the holder, but simply confirms those subsisting rights, which exists purely from the relationship between an EEA national and a non-EEA national. Therefore, to cancel such a confirmation of the right of residence while the subsisting right to reside still exists sounds unreasonable to say the least and illegal at worst.

Further, there is no such concept as cancelling/destroying residence cards because of their duplicity. There is, though, a provision dealing with revocation of residence cards. This is stated in Regulation 20(1) of the Regulations (which is subject to Regulation 21) and deals with matters of public policy, public security and public health. The consequence of this revocation would almost inevitably lead to the expulsion of the individual concerned under Regulation 19(3)(b). These are serious matters and those provisions must not be relied upon to deal with trivial matters relating to bureaucratic exercise.

This is not the case here. I hold two valid passports and for the reasons of pure convenience decided to have confirmation of my rights under the Regulations to be endorsed in both passports. You are asking to cancel perfectly valid confirmation of the subsisting right without legal justification.

I will not be sending my older valid passport with the older valid residence card to you now, so that you can “cancel/destroyâ€

[fysicus]

Some people seem to believe that the more words they produce the more impressive and convincing their opinions become.

I would never use more words than strictly necessary, and in the case at hand I think zero is about the right number. So I would not send any letter at all, and certainly not such a long one.

[mcovet]

Thanks for the comment, the reason why this letter is long is so that certain suggestions by the UKBA can be pre-empted. This would involve days of ping ponging statements which can be expressed in one.

I, again, see the point in ignoring their request BUT, for the NON-EEA national to avoid a possible unpleasant encounter at the border with an IO who would want to get to the bottom of this unusual case, a letter from the UKBA confirming their view would be helpful to carry.

Extra communication would not hurt at all. At least it would make it clear what the UKBA thinks in cases such as this. Those with dual nationality, who want to endorse both passports with RCs would find this useful,

Thanks and look forward to more comments!!!

Some people seem to believe that the more words they produce the more impressive and convincing their opinions become.

I would never use more words than strictly necessary, and in the case at hand I think zero is about the right number. So I would not send any letter at all, and certainly not such a long one.

[sjimoh112]

I believe this is a very good letter, infact excellent; expecially your point quote-
''having an Israeli visa in my older passport makes it impossible for me to visit most Arabic states''

Palentine being one place you can't enter if you've visited Isreal which is more than enough reason to justify having the stamp on both valid passport.

[mcovet]

I wanted to post this out to ukba today, anyone last calls before it goes, once it's gone- it's gone ))

Shall i add/remove/amend anyth? Any other points raised etc.?