EEA4 PR REFUSED BECAUSE SPOUSE PASSPORT HAS EXPIRED

Please I need urgent advice.My EEA4 PR has been refused because my wife`s passport attached to the application has expired.Let me give you the details:
(1) Married in 2003
(2)Got my resident in Feb,2004
(3) Applied for PR in Dec,2008
(4) Had certificate of application in Jan,2009
(5) Had another letter from HO in nov,2009 asking for further documents i.e my wife`s valid passport,evidence to show treaty rights both of us
(6) Supplied all the documents except my wife`s valid because my wife had travelled, but before she went we had some disagreement so she decided not to renew her passport for me
(7) Feb,2009 had another letter from HO asking for wife`s valid passport that I could not get since wife was still abroad but decided not to renew her passport
(8) The application was refused because the wife`s passport has expired

I lost my job through the delay process of my application at HO. I had a part-time job last month and the new company contacted HO to verify my immigration status.HO confirms that they have issued my PR and place the stamp in my passport so I should be able to show the new employer my passport.It was news to me since I had no idea that my PR has been issued.I contacted my solicitor and she told me that she had received my documents from HO but they refused the application. I could not believe it since HO has confirm my PR to my new employer.My passport is still with HO so I dont know who is telling the truth, my solicitor or my new employer since both companies have got geniune letters from HO with different contents.The appeal deadline is on 15th March,2010.My solicitor is demanding 2500 pounds before submission is made for the appeal

Is there any one out there who is in the same situation? That is your EEA4 PR has been refused because your spouse passport is expired.What is the outcome? Please help me as I am desperate for answer.

Hi,

I think you should call HO to double check with them and if it is the case, get another lawyer...some of these are thieves......£2500 for WHAT...that is wickedness....best of luck.

troubled wrote:That is your EEA4 PR has been refused because your spouse passport is expired.What is the outcome?

When did the passport expire? After or before you have been asked for further documents? Anyway, have you actually seen the letter of refusal?

Yes i have seen the letter of refusal.The reason for refusal is that the spouse passport has expired.The passport expired before the application but spouse refused to renew because of some misdunderstanding.The refusal was based on Reg(15)(1)(a) and Reg(15)(1)(b) which themselves do not mention any passport.Those regulations are based on 5 years of exercising treaty right bt eea national and non -eea national.My solicitor has lodged an appeal.A date is yet to be fixed.Any one in similar position?

Apart from the fact that I do not understand why you applied without a valid ID in the first place or if that would be sufficient grounds for a refusal I wonder if it wouldn't have been easier to just apply for a new passport or ID card and reapply for PR instead of appealing. Your wife could have asked for the passport back at any time. In over one year I would think there would have been ample of time.

Thank you Guru for your reply.You are giving me some positive feedback.The problem is not with my passport in the first place but with my wife.You these europeans when you get married to them some treat you like doormat because your status depend on them. My wife was having an affair and i caught her.I tried to maintain the marriage for obvious reasons. When the time came for to apply for PR she refused to renew her old passport for me. I attach her expired passport to my application,but apart from I was able to provide all the documents requested by HO including mine and hers.Even HO in the refusal letter admitted that I provided enough eviidence to show that we were together for the 5-year period. The only reason for refusal is that I did not provide a VALID PASSPORT OR ID of my eea national. Though a valid passport or id of my spouse was a requirement, I am told it is HO guidelines but not law enshrine in eu regulations. At moment i do not what to do, I lost my job because of HO delay, got refusal at long run, threaten with removal etc, only GOD can tell what is going to happen. Even reapplying for PR will be another difficult because I have to start divorce proceedings since my wife has left me now for almost 6months

Trouble, it is not strictly speaking right to say the HO guidiance states that you should provide the ID of your EEA national family member to qualify for Permanent Residence, that is not true, except if you had never applied for a Residence Card or ever provided evidence of her EEA status to the HO, will that statement be right.

[b] Permanent Residence Card Guidance[/b] wrote: The following documents must be supplied by a non-EEA national family member of an EEA national who is applying for a permanent residence card under regulation 15(1)(b) of the 2006 Regulations having completed 5 years residency:
•
A valid passport
•
Proof that s/he was a family member of an EEA national during the 5 year period
•
Documentation confirming that s/he has resided in the UK with the EEA national in accordance with the 2006 Regulations for a continuous period of 5 years; this requires confirmation that during this period the EEA national was residing in the UK in accordance with the Regulations .

Also, it clearly states when you are applying for retention of residence that,

[b]Residence Card Application[/b] wrote:

5.4.3 Making an application following divorce or annulment of marriage / dissolution of civil partnership
The following documents must be supplied:
•
Passports of the non-EEA family members
•
Divorce certificate/certificate showing termination of civil partnership
•
Evidence that at least one of the non-EEA family members is a worker, self-employed or self-sufficient.
If we have not previously issued a Residence Card we must be satisfied that the alleged EEA national is an EEA national and that the non-EEA nationals were living in the UK with the EEA national prior to divorce / dissolution of civil partnership, and that EEA was exercising Treaty rights during that time.

Also,if i understand you properly, the day you clicked five year, or when your application arrived at the Home Office desk, it was valid, was it not. That is all that matters.

I would have adviced you not to send any passport at all, as things were not going alright with you and your spouse, as you have sent it and it got expired in their, they use that to see whether the EEA national supports you, or whether it was an arranged marriage, paid for, in which the agreement was for you to hold the passport for 5 years.

They might try to track her down and get evidence from her, as to whether your marriage was one of convenience and whether she consented to her passport being used.

I will advice you to stay calm and see how things unfold.

Even though on the face of it, you meet all the requirements, you don't want a situation were they will try and insinuate that your marriage over the five years was convenience.

Obie thank you for your advice.The problem now is the fact that HO is now holding on to my passport and that of my wife(expire passort).The marriage was not marriage convenience but mine just like other marriages has its ups and downs. In 2004 my spouse ID was established that was why they issued her with residence permit and resident card to me as well. Even the Reg(15)(1)(a) and (b) upon which the refusal was based on did not mention any passport at all but 5 years of exercising treaty by both of us.You HO will do everything to make your life useless especially if you are non-eea.Sometimes you even think of suicide as your life has been ruined by poor decisions. I cant find job now because of my predicaments.

Try and apply for ILR you should be able to apply for this as you have completed 5 yrs in the uk. You will have to pay for this service see the HO site for details. And forget your £2500 solicitor.

I will advise that you request to see a copy of the letter from your solicitor and also get the copy from your new employer then compare both letters as well as the dates.

bund007 wrote:Try and apply for ILR you should be able to apply for this as you have completed 5 yrs in the uk. You will have to pay for this service see the HO site for details. And forget your £2500 solicitor.

EEA routes are not a path to ILR, please don't post if you don't know or understand.

Countless times has this been explained - ILR/PR = indefinite leave to remain/permanent residence in the UK but are not obtained via the same route!

ILR - obtained via UK immigration route at a charge
PR - obtained via EU route free of charge