URGENT: An expiring passport in support of EEA4 application

[kroketa]

Dear all,

I am about to submit an EEA4 form for the PR on the basis of (more than) 5 years of continuous residence in the UK as a family member of an EEA national, who at the end of the time retained the rights of residence following the dissolution of a marriage.

As part of supporting evidences for my application I have to submit my non-EEA national father’s passport with a valid document certifying Permanent Residence (PR) until 2020. However, the passport is likely to expire before the UKBA caseworker gets the chance to process my application. So I wanted to ask whether an expired passport, but with a valid Permanent Residence card, would be a sufficient reason for the caseworker to reject my application.

It appears that the Article 15(2) of the Free Movement of Persons Directive 2004 ( here is the link http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary) provides some guidance on this matter it stipulates that “Expiry of the identity card or passport on the basis of which the person concerned entered the host Member State and was issued with a registration certificate or residence card shall not constitute a ground for expulsion from the host Member State.”

I wanted to ask whether the inclusion of a valid UK driving license and a covering letter explaining the circumstances and makes a reference to the relevant statutory provision will ameliorate the fact that a soon-to-be expired passport of the “donor” has been included in the application. To be clear, the passport of the applicant (i.e. my passport) is valid and not due to expire in the near to mid-term future, its only relates to the passport of my father, a non-EEA national who had retained his rights of residence following the divorce with my ex-stepmother and holds a valid PR document.

I would really appreciate your comments and be very very grateful if you could send me a link to the relevant statute that sheds light on my question.

I would like to thank you in advance.

[EUsmileWEallsmile]

Dear all,

I am about to submit an EEA4 form for the PR on the basis of (more than) 5 years of continuous residence in the UK as a family member of an EEA national, who at the end of the time retained the rights of residence following the dissolution of a marriage.

As part of supporting evidences for my application I have to submit my non-EEA national father’s passport with a valid document certifying Permanent Residence (PR) until 2020. However, the passport is likely to expire before the UKBA caseworker gets the chance to process my application. So I wanted to ask whether an expired passport, but with a valid Permanent Residence card, would be a sufficient reason for the caseworker to reject my application.

It appears that the Article 15(2) of the Free Movement of Persons Directive 2004 ( here is the link http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary) provides some guidance on this matter it stipulates that “Expiry of the identity card or passport on the basis of which the person concerned entered the host Member State and was issued with a registration certificate or residence card shall not constitute a ground for expulsion from the host Member State.”

I wanted to ask whether the inclusion of a valid UK driving license and a covering letter explaining the circumstances and makes a reference to the relevant statutory provision will ameliorate the fact that a soon-to-be expired passport of the “donor” has been included in the application. To be clear, the passport of the applicant (i.e. my passport) is valid and not due to expire in the near to mid-term future, its only relates to the passport of my father, a non-EEA national who had retained his rights of residence following the divorce with my ex-stepmother and holds a valid PR document.

I would really appreciate your comments and be very very grateful if you could send me a link to the relevant statute that sheds light on my question.

I would like to thank you in advance.

Immigration (EEA) Regulations 2006 regulation 18.

The Secretary of State must issue a person who is not an EEA national who has a permanent right of residence under regulation 15 with a permanent residence card no later than six months after the date on which an application for a permanent residence card and proof that the person has such a right is submitted to the Secretary of State.

[EUsmileWEallsmile]

also this case law may be of interest.

http://www.bailii.org/uk/cases/UKUT/IAC ... maica.html

[kroketa]

also this case law may be of interest.

http://www.bailii.org/uk/cases/UKUT/IAC ... maica.html

Many thanks, this is very helpful.