EEA2 refused (with timeline and reason)

[popliteus]

Timeline:

Sent application 21/09/13
Letter of receipt of application 24/09/13
Received COA 04/10/13
Letter of rejection 22/11/13, with no right to appeal

Rejection reason: not providing the original passport of my EEA national partner.

This was despite sending in a full notarised copy of the passport, with cover letter AND letter from employer explaining that my partner will be travelling for work during the next couple of months from when the application was sent.

We had given the full notarised passport copy following the advice from a Citizens Advice Bureau adviser. After the rejection, I went to meet a solicitor who stated that this should have been acceptable.

EEA applications are a gamble - it really depends on the sort of caseworker you get.

We will be sending another application soon. Hope this goes through fine...

[vinny]

See also Barnett and others (EEA Regulations: rights and documentation) Jamaica [2012] UKUT 142 (IAC) (14 May 2012).

[askmeplz82]

why didn't you just send the original passport and request it back when you need it lets say before 1 month

I mean it's better then all this hassle ; Many people in this forum did same. They asked for passport back after 2/3 months

[Davmck70]

As advised re-apply with the original passport and request it back after receiving your COA. Its simple and straight-forward. You may apply after spouse comes back from travel or do it now if he/she is not travelling any more as the process takes some time. Wish you the best

[obormot]

Majority of EU countries have national ID in addition to passports (even for people living abroad - for example, French consulate here would issue one for a French citizen residing in UK).
If one really does not want to send the passport, national ID will work equally well.
In my case I sent my passport (I am the sponsor) with application, applied for passport return after I got a confirmation from UKBA that they got documents (some people even apply before), and got it back 3 weeks after I sent application.

[popliteus]

Hey everyone. Thanks for your replies.

I was given first-hand advice from an immigration adviser that we could send in a notarised copy of passport, and there wasn't a reason to doubt her advice.

Yes, we have included in our cover letter that my partner will be requiring his passport to travel for work. We'll be requesting his passport back after a couple of months. Thanks Davmck70.

Yes, we know about the national ID cards. Unfortunately, he didn't have a valid one that we could use. We'll probably do the same as you, obormot.

I'm just still quite uncomfortable that the decision-making process seems so fickle. Even my solicitor who specialises in immigration law said the notarised passport copy should have been acceptable.

[askmeplz82]

ask you solicitor to join this forum. i've seen so many giving wrong information . Last week in a live TV show a london based solicitor advising someone that under `EEA rules non eu national need to married at least 5 years minimum