EEA4 Refusal - Help Please

[siddiqr]

Hi All

I applied for my EEA4 PR confirmation on 3 Sep 12 and rec'd COA on 6 Oct. I sent following docs alongside my application form:

- My pakistani passport
- Mortgage statement in joint names of wife and myself
- Wife's 5 years P60s
- My 5 years P60s
- Wife's EEA1 residence card issued by HO in 2007
- Cover letter explaining that my wife had taken up 3 month's temp job in norway so her passport was not available but we will send it when she returns

My wife and i have been married for 5 years 3 months. Today i rec'd all my docs back with refusal letter which says

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You have applied for permanent residence in the UK on the basis that you are an EEA national who has been excercising treaty rights here under European community law.

Regulation 15 of the immigration (EEA) regulations 2006 makes provision for EEA nationals to acquire the right to reside in the UK permanently if they have excercised treaty rights in the UK for a continuous period of 5 years.

You have failed to supply either a valid national ID card; or a valid passport issued by an EEA state as requested.

As you have not provided evidence confirming your nationality you have not proved that you are entitled to rely on the provisions of the immigration (EEA) regulations 2006. Therefore on this occasion your application on permanent residence in the UK is refused. There is no right of appeal against this decesion.

As you appear to have no alternative basis to stay in the UK you should now make arrangements to leave. However if you are able to supply necessary identity documents, you may wish to submit a further application for consideration.

Yours sincerely

NWEURO2

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I am very confused but it appears they have simply issued a wrong letter as i am not an EEA citizen and i submitted an EEA4 application. As i understand they have refused because i didnt submit my wife's passport with the application and her blue EEA1 card is not considered sufficient.

What should i do now? Re-apply with wife's passport? Does that mean i have wasted 2.5 months and my new application will go back in the queue?

Any help or advice will be greatly appreciated.

Regards

[Jambo]

Strictly speaking they should not refuse the application because the EEA passport/ID was not provided (they have seen it already) although the form clearly asks for it to be submitted.

If you are available to send the passport now, I suggest you write a letter addressed to the caseworker who refused the application, with reference to your case ID and just say that following their request, you are attaching the passport to support your application. Hopefully, that will help shorten the waiting time.

[anp]

It is required that you provide an ID confirming your partner's nationality. How else would they know that she is eligible?

[siddiqr]

It is required that you provide an ID confirming your partner's nationality. How else would they know that she is eligible?

Thanks for your replies guys.
I included a copy of her passport and her EEA1 card but as you say, i got wrong. Should have sent original passport.

I am planning re-send the whole packet with her original passport with another covering letter. I am hoping they wont put me back in the queue