EEA2 refused, passport retained. Please help!

KrSuma · Post by **KrSuma** » Mon Mar 03, 2014 12:56 pm

Hey guys,

I applied EEA2 under unmarried partnership with good evidence that we have been in durable relationship, etc.
However after waiting for 11 months we received an refusal letter saying that her proof of working was not clear (they called the company and the manager wasnt there. lol).

I am thinking of reapplying again with more evidence of my EU partner working here, since she has been working in a different company now.

However, they have not returned my passport. Why?

If the UKBA has retained my passport after the refusal of EEA2, can I still re-apply for my residency card?
Is it actually possible to re-apply for the EEA2 again even if they still have my passport?

Embarrassingly I freaked out a bit after I received the refusal letter and requested for them to return my passport on the UKBA website via 'request return of documents' section.

Please, any advice will be appreciated. Thank you so much.

anj03 · Post by **anj03** » Mon Mar 03, 2014 1:23 pm

Hi there they give u any appeal right or not?

KrSuma · Post by **KrSuma** » Mon Mar 03, 2014 1:35 pm

anj03 wrote:Hi there they give u any appeal right or not?

Yes, they have given us the right to appeal.

anj03 · Post by **anj03** » Mon Mar 03, 2014 2:49 pm

Hi again I think its good if you collect some proof regarding your eea partner he/she working in same place on letter or payslips and go for appeal and reconsideration request but make sure u do both together and when u receive court date try to follow HO regarding your reconsideration request its easy and faster then court bcoz now a dayes you not get early date from court I have same issue and they give me RC in reconsideration request .

KrSuma · Post by **KrSuma** » Mon Mar 03, 2014 9:18 pm

anj03 wrote:Hi again I think its good if you collect some proof regarding your eea partner he/she working in same place on letter or payslips and go for appeal and reconsideration request but make sure u do both together and when u receive court date try to follow HO regarding your reconsideration request its easy and faster then court bcoz now a dayes you not get early date from court I have same issue and they give me RC in reconsideration request .

Thank you so much for your insight.

Can you actually appeal AND request for a reconsideration at the same time?
Or is the appeal same as requesting for a reconsideration?

If the reconsideration request is a separate thing, how can I make such request?

Thanks again for your help, I appreciate it.

KrSuma · Post by **KrSuma** » Tue Mar 04, 2014 12:39 am

anj03 wrote:Hi again I think its good if you collect some proof regarding your eea partner he/she working in same place on letter or payslips and go for appeal and reconsideration request but make sure u do both together and when u receive court date try to follow HO regarding your reconsideration request its easy and faster then court bcoz now a dayes you not get early date from court I have same issue and they give me RC in reconsideration request .

And also, may I ask how did you appeal / wrote the reconsideration against the similar situation as ours?

anj03 · Post by **anj03** » Tue Mar 04, 2014 9:41 am

KrSuma wrote:
anj03 wrote:Hi again I think its good if you collect some proof regarding your eea partner he/she working in same place on letter or payslips and go for appeal and reconsideration request but make sure u do both together and when u receive court date try to follow HO regarding your reconsideration request its easy and faster then court bcoz now a dayes you not get early date from court I have same issue and they give me RC in reconsideration request .
Thank you so much for your insight.

Can you actually appeal AND request for a reconsideration at the same time?
Or is the appeal same as requesting for a reconsideration?

If the reconsideration request is a separate thing, how can I make such request?

Thanks again for your help, I appreciate it.

Hi again yes you can do both together its not problem but make sure you have strong evidence regarding your partner working here another HO not accept your reconsideration request and regarding that request u can find online some advice as well and I think its fastest and easy way for you.

anj03 · Post by **anj03** » Tue Mar 04, 2014 9:46 am

KrSuma wrote:
And also, may I ask how did you appeal / wrote the reconsideration against the similar situation as ours?

yes I have same situation like u that time and if u want to know more about my story please check my all post I write every thing and every stage.

KrSuma · Post by **KrSuma** » Tue Mar 04, 2014 1:31 pm

anj03 wrote:
KrSuma wrote:
And also, may I ask how did you appeal / wrote the reconsideration against the similar situation as ours?

yes I have same situation like u that time and if u want to know more about my story please check my all post I write every thing and every stage.

Thank you, ill check it out!

KrSuma · Post by **KrSuma** » Fri Mar 28, 2014 9:15 am

Hey guys,

updates on my current situation.

my reconsideration request has been turned down by the HO yesterday, but the appeal was accepted and told me to send any other evidences by post within a month time from now.

my question is,

1. can I reapply while my appeal is going through>

2. my passport is detained by the HO. should I wait until my appeal goes through the hearing?

3. can I actually stay here in the UK while my appeal / reapplication is going through? I am applying for unmarried partners EEA2 by the way.

Please help, it is extremely frustrating and stressful for me and my partner. Thank you

uk2005 · Post by **uk2005** » Fri Mar 28, 2014 12:39 pm

KrSuma wrote:Hey guys,

updates on my current situation.

my reconsideration request has been turned down by the HO yesterday, but the appeal was accepted and told me to send any other evidences by post within a month time from now.

my question is,

1. can I reapply while my appeal is going through>

2. my passport is detained by the HO. should I wait until my appeal goes through the hearing?

3. can I actually stay here in the UK while my appeal / reapplication is going through? I am applying for unmarried partners EEA2 by the way.

Please help, it is extremely frustrating and stressful for me and my partner. Thank you

what evdience did you send for reconsidaration?
what did they say?

KrSuma · Post by **KrSuma** » Fri Mar 28, 2014 12:48 pm

Hi,

I havent sent any evidences to the HO when I applied for reconsideration, but I explained them that I will be sending them more evidences if the reconsideration has been accepted. The sponsor of my EU partner has also contacted the HO with call /mail explaining to verify my eu partner's exercise of her treaty rights, after I have sent my reconsideration to the HO... However they still turned down the reconsideration.

I am thinking of sending a mail to the HO if they have received the call / mail from my EU partner's sponsor, and if that changes anything about the reconsideration being accepted.

This was said when the HO refused my reconsideration request:

The application was considered under section 6 of the Immigration (EEA) Regulations 2006. Decisions can only be reversed where it is clear that the original decision was NOT taken in line with the prevailing policy and immigration law at the time the decision was reached. The onus is on applicants to demonstrate that they satisfy the statutory requirements.

I have reviewed the handling of your application and the decision made on it and I am satisfied that the correct procedures were followed in the decision making process. There are therefore, no grounds for reconsideration of your application.

The decision to refuse your application has attracted a right of appeal and any representations you may now with to raise will be addressed at the appeal hearing."

KrSuma · Post by **KrSuma** » Thu May 22, 2014 9:49 am

Guys good news!

yesterday I received a mail from the Tribunal that my appeal was allowed

whats the next step that I should take?
How long does its take for the HO to recognize and issue residency?

I am going to write to my local MP about the appeal being accepted (she has given me lots of help).

toofan · Post by **toofan** » Mon May 26, 2014 2:51 pm

KrSuma wrote:
yesterday I received a mail from the Tribunal that my appeal was allowed

whats the next step that I should take?
How long does its take for the HO to recognize and issue residency?

I am going to write to my local MP about the appeal being accepted (she has given me lots of help).
Re: EEA2 refused, passport retained. Please help!

did you win appeal in tribunal or you got hearing date these are two different things.
if you had an hearing and case has been decided in your favour RC will be issued.
and if you only have a hearing date you will have to win the case against home office to obtain RC.

KrSuma · Post by **KrSuma** » Mon May 26, 2014 3:01 pm

toofan wrote:
KrSuma wrote:
yesterday I received a mail from the Tribunal that my appeal was allowed

whats the next step that I should take?
How long does its take for the HO to recognize and issue residency?

I am going to write to my local MP about the appeal being accepted (she has given me lots of help).
Re: EEA2 refused, passport retained. Please help!
did you win appeal in tribunal or you got hearing date these are two different things.
if you had an hearing and case has been decided in your favour RC will be issued.
and if you only have a hearing date you will have to win the case against home office to obtain RC.

Oh I might have not been clear on what Ive meant to say.

Yeah, won the the appeal in tribunal, the decision letter from them says "appeal is allowed".
Just waiting for the RC to be issued soon, also have contacted my local MP with the result from the appeal.

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