EUSS replacement visa refused PLEASE HELP I'M FRUSTRATED

secret.simon · Post by **secret.simon** » Thu Jun 03, 2021 12:11 am

Jannet wrote: ↑
Wed Jun 02, 2021 11:39 pm
@manci I have emailed my MP today but I have not received any reply back from him how long do you think it takes to get a reply back from the MP?

I would not expect an answer from the MP's office for a week or two.

Keep in mind that it is Whitsun half-term school holidays here in the UK and it is quite likely that both the MP and their staff may be on holidays along with their children.

Secondly, the MP will need to liaise with the Home Office to find out more about your case and discuss it with them. That is unlikely to happen before next week (because of the Whitsun half-term holidays this week) and only then will they likely get back to you.

kamoe · Post by **kamoe** » Thu Jun 03, 2021 6:52 am

manci wrote: ↑
Wed Jun 02, 2021 7:39 pm
@kamoe
The OP posted two different versions of the HO letter she received when her EUSS settled status was approval:
First:
"on a letter it says that I will receive a new biometric card within 10 days"
Later:
"the letter says if you do not currently hold a biometric residence card you should receive it within 10 days"

I based my first comment on the first version of the HO letter but it now seems more likely that the later version is correct.

The OP had a biometric residence card which expired in October last year. She obtained EUSS settled status in November and travelled to Nigeria in December due to a family emergency.

I think the HO's stance will be that she did hold a residence card, albeit expired, and should have applied for a replacement residence card before she travelled abroad. On this basis the HO probably did not issue a new card after the approval of her settled status. Of course, it would not have been reasonable for the OP to know about this.

I looked at the EUSS Travel Permit rules. The only place they appear is in this document:
https://assets.publishing.service.gov.u ... gov-uk.pdf
The relevant text is:
The EUSS travel permit provides those non-EEA citizens who hold valid leave under the EUSS, and who have reported to the Home Office that their biometric residence card has been lost or stolen or has expired whilst they are outside the UK, with an entry clearance

The OP's card was not lost, stolen or expired whilst she was outside the UK, strictly speaking therefore she is not eligible to be issued a EUSS Travel Permit and it was probably wrong for her solicitor to claim / report that it was lost if it was never issued.

The rules don't seem to cover the OP's situation, which is a shortcoming of the rules, and this is probably why the HO said that her case was "complex". Under the circumstances the HO should use their discretion to allow her to travel home. She is stranded abroad and has become destitute.

@Jannet
Suggest you email your MP and also contact the Gurdian / Observer

Yes, this is all what I've been saying all along.

9 out of 10 times someone claims that the HO told them they'll receive a new card and haven't (without quoting the actual line), it's because they already had a card and didn't read the letter closely (again, not their fault). Hence why I asked the OP to double check.

I suggested contacting the newspapers because it seems the OP has already done everything they could, including applying for what seems to be the right entry permit, and including a cover letter from the solicitor clarifying the misunderstanding. From what I see, The Guardian has made a mission of making the HO accountable, and everytime a case like this surfaces, the HO seems to cover their backs and rectify it shortly after.

Running the story on national newspapers might have a faster effect than hearing back from their MP.

Jannet · Post by **Jannet** » Thu Jun 03, 2021 9:48 am

I've contacted the guardian newspaper but I'm waiting to hear from them

manci · Post by **manci** » Thu Jun 03, 2021 10:47 am

Let the forum know when you receive a response from the MP and/or the Guardian and the publication date if the Guardian decide to run with the story and also if you hear from the HO.

kamoe · Post by **kamoe** » Thu Jun 03, 2021 10:56 am

Jannet wrote: ↑
Thu Jun 03, 2021 9:48 am
I've contacted the guardian newspaper but I'm waiting to hear from them

Best of luck, hope this gets resolved soon.

Jannet · Post by **Jannet** » Thu Jun 03, 2021 4:17 pm

Thank you if there's any more informations you guys can share with me here

Jannet · Post by **Jannet** » Thu Jun 03, 2021 4:26 pm

Thank you if there's any more informations you guys can share with me here, anyone have the home office contact number to share with me please come my solicitor call them from inside the UK?

askmeplz82 · Post by **askmeplz82** » Sun Jun 06, 2021 2:52 am

Did they ask you for fingerprint as part of the application process for settled status ? If you answer NO then there is no way you will get another card. You need to apply for it . Unfortunately you can only apply for it in the UK

right now you have to wait

Jannet · Post by **Jannet** » Mon Jun 21, 2021 1:58 am

I didn't put my fingerprint when I applied for the indefinite leave, I'm still in Nigeria waiting for the visa replacement, is more than three months now still no word from the home office and from what I read online this type of application do not take more than 3 weeks to 6 weeks mine is more than 3 months stranded in Nigeria and things so difficult for me.

manci · Post by **manci** » Mon Jun 21, 2021 8:03 pm

Sorry for your plight.

Has there been any response from your MP or the newspaper you wrote to?

NatCam · Post by **NatCam** » Tue Jun 22, 2021 5:25 pm

Dear Jannet,
Why can't you apply for an EUSS family permit? Since you have a sponsor in the UK? Start from scratch and then sort things out whilst in UK.

manci · Post by **manci** » Wed Jun 23, 2021 9:30 am

Jannet wrote: ↑
Thu Jun 03, 2021 4:26 pm
hank you if there's any more informations you guys can share with me here, anyone have the home office contact number to share with me please come my solicitor call them from inside the UK?

You could try phoning or sending an online enquiry:

Calling from outside the UK
EU Settlement Resolution Centre
Telephone: +44 203 080 0010
Monday to Friday (excluding bank holidays), 8am to 8pm
Saturday and Sunday, 9:30am to 4:30pm
EU Settlement
Scheme contact form (https://eu-settled-status-enquiries.service.gov.uk)
(use the about the results you have received option)

The number for calling from within the UK is 0300 123 7379

The contact details above are not strictly speaking for your situation, which is about the extraordinarily long delay deciding your EUSS Travel Permit application, but they may be worth trying. The phone number is difficult to get through to.

You may also write a letter to the Entry Clearance Manager at the High Commission with copy to Gill Atkinson, Deputy High Commissioner in Nigeria, emphasizing that you have settled status in the UK but have been stranded and are becoming destitute in Nigeria because of the long (xxx months) delay in processing your application.

Jannet · Post by **Jannet** » Mon Jul 05, 2021 1:08 pm

My solicitor received a phone call from the home office they told him that my applicationwas in the home department and that they will transfer it to the right department and make a decision as soon as possible and that was since 21st of June and up to now I still haven't heard anything back from the home office

Jannet · Post by **Jannet** » Mon Jul 05, 2021 1:11 pm

So when he received the phone call from the caseworker he told my solicitor that they thought I was applying for indefinite leave and that my application has been in the wrong department and that they will expedite the case. This phone call was received since 21st of June and since then we still have not received a decision back from them I'm still waiting stranded in Nigeria being frustrated

manci · Post by **manci** » Tue Jul 06, 2021 7:55 pm

Jannet wrote: ↑
Mon Jul 05, 2021 1:11 pm
caseworker he told my solicitor that they thought I was applying for indefinite leave and that my application has been in the wrong department and that they will expedite the case.

This seems to be a case of gross maladministration by the HO which has stranded you in Nigeria for 6 months (until now). When you get back to the UK consider making a claim for compensation.

See the HO document
https://assets.publishing.service.gov.u ... idance.pdf

Ex-gratia payments

2.17 An ex gratia payment is a sum of money paid when there is no obligation or liability to pay it, as opposed to compensation payments which must be awarded by a court. BICS and its contractors make ex gratia payments to complainants, beyond any legal or statutory requirements, as redress for maladministration. These payments are made at the discretion of the Home Office or its contractor and depend on the individual circumstances of the case

There is also an older document from 2014 which covers the subject of compensation in greater detail:
https://www.freemovement.org.uk/pursuin ... me-office/

Jannet · Post by **Jannet** » Mon Jul 12, 2021 11:11 am

Does anyone know how long does it take home office go back to us since after the called us on 21st June and said the case was with wrong department and the they will pass it to the relevant team.

still no word from them , I'm really stressed

ZarifahZ · Post by **ZarifahZ** » Fri Jul 16, 2021 11:25 pm

Jannet wrote: ↑
Mon Jul 12, 2021 11:11 am
Does anyone know how long does it take home office go back to us since after the called us on 21st June and said the case was with wrong department and the they will pass it to the relevant team.

still no word from them , I'm really stressed

Hi, I would suggest you call home office directly at 9 am uk time (google the number) and ask them to escalate this within 24 hours. This kind of attitude from HO is unacceptable.

manci · Post by **manci** » Sat Jul 17, 2021 8:29 am

@Jannet - have you had a reply from your MP or from the newspaper you approached?

Jannet · Post by **Jannet** » Tue Sep 07, 2021 6:19 pm

The mp contacted the HO but no response from them yet, over 5 months I have been waiting, does anyone know what I can do to get response from HO? I'm facing much trouble abroad and I want to return back home

manci · Post by **manci** » Tue Sep 07, 2021 7:18 pm

Jannet wrote: ↑
Tue Sep 07, 2021 6:19 pm
The mp contacted the HO but no response from them yet, over 5 months I have been waiting, does anyone know what I can do to get response from HO? I'm facing much trouble abroad and I want to return back home

1.
Have you followed up my suggestion of 23 June?

You may also write a letter to the Entry Clearance Manager at the High Commission with copy to Gill Atkinson, Deputy High Commissioner in Nigeria, emphasizing that you have settled status in the UK but have been stranded and are becoming destitute in Nigeria because of the long (xxx months) delay in processing your application.

2
You contacted your MP 3+ months ago on 2 June. Remind him/her of the lack of reply from the HO

3
Any reply from the Guardian?

manci · Post by **manci** » Tue Sep 07, 2021 7:36 pm

Try sending an email to UKVI about the status of your application. It only costs £2.74 but don't hold your breath for a satisfactory reply.
https://ukvi.mysecurepay.co.uk/Home

manci · Post by **manci** » Tue Sep 07, 2021 7:48 pm

You may also consider making a complaint yourself:
https://www.gov.uk/complain-uk-visas-immigration

manci · Post by **manci** » Tue Sep 07, 2021 8:13 pm

The general complaints guidance is here:
https://assets.publishing.service.gov.u ... idance.pdf

Jannet · Post by **Jannet** » Tue Sep 07, 2021 11:00 pm

My MP send email to the home office on11th of August he told me home office take 20 working days to get back to MPs it's been 20 days I asked him for updates today and he said he hasn't heard anything from them. Have sent multiple email to the home office thru the paid contact , and have also made several complaint, I keep getting the same reply that my case is complex and they are only able to make a decision. I am I'm going to send a letter to the British high commission in Nigeria as you have advised. Hopefully They will receive the letter because I don't know how posting letter is works in Nigeria if people actually receive them.

manci · Post by **manci** » Wed Sep 08, 2021 9:19 am

Jannet wrote: ↑
Tue Sep 07, 2021 11:00 pm
Hopefully They will receive the letter because I don't know how posting letter is works in Nigeria if people actually receive them.

The postal service in Nigeria may be problematic (it was when I was there) but although the British High Commission is in Abuja the Deputy High Commissioner's office is in Lagos, where I believe you are, so you could take the letter to:

British Deputy High Commission Lagos
11 Walter Carrington Crescent
Victoria Island
Lagos. Nigeria
opening hours: Monday to Thursday 9.30 - 11.00. Friday 8.30 - 11.00
Telephone +234 (1) 277 0780/ 0781/ 0782

Suggest to address your letter personally to Gill Atkinson who is the Deputy High Commissioner.

The Depute High Commission also seem to have an online contact form:
https://app.aid-air.com/en/embassy-cont ... om.svg.png

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EUSS replacement visa refused PLEASE HELP I'M FRUSTRATED

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