NON EEA NATIONAL SPOUSE DENIED TRAVEL DOCUMENT

Samyr · Post by **Samyr** » Fri Aug 22, 2008 9:28 am

Hello all,
I hold a Residence card visa. I was granted leave to remain here on the basis of being a family member of an EEA National. I came to UK 7 yrs ago as an asylum from Somali.
I applied for the Certificate of Travel document three wks ago and my application is refused stating "You have not been accepted in this country as either a refugee or a stateless person.You are not permanently resident in the United Kingdom but have been granted leave to remain here on the basis of being a family member of a European Community who is resident hereand has exercised a right. You do not therefore qualify for a document under the policy above. The application is therefore refused.
They did not send back my Residence card.
What am i suppose to guys am so frustated...Please help me.Thank you.

vinny · Post by **vinny** » Fri Aug 22, 2008 12:36 pm

You should request that they return your residence card. See also Who qualifies for a certificate of travel?

Samyr · Post by **Samyr** » Fri Aug 22, 2008 2:56 pm

Hello Vinny,

Thank you for your concern. Yes am waiting till next week if it does not arrive then i will request it back.
Secondly yes i do qualify for a certificate of travel coz i was not granted either refugee status or stateless person status as indicated in their website, i dont know why they refused and what advice can i follow next. Thank you for your concern.

Mr Rusty · Post by **Mr Rusty** » Fri Aug 22, 2008 3:40 pm

At present you are a Somali national. So what evidence have you presented to UKBA that you have attempted to get a Somali passport, or that the Somali authorities will not issue you with one?

Did you contact the Somali Embassy in Paris as i advised in your previous thread?

The refusal wording is quite clear. As well as not qualifying as a refugee or stateless person you haven't got permanent residence here. Until you qualify for that, you don't qualify for a Certificate of Travel.

Samyr · Post by **Samyr** » Fri Aug 22, 2008 6:54 pm

Hello Mr Rusty,

Remember i came here as an asylum seeker. Please read this from UKBA website..
Exceptions
If your country does not have an embassy in the United Kingdom, or your embassy is currently unable to process your passport application and has refused to accept your application, we may not require you to prove your application has been unreasonably refused but may give you a certificate of identity that is valid for only one year. This will depend on the reasons why your embassy is unable or unwilling to accept your application.
I claimed asylum in the UK not in France. Thank you for your concern.

Greenie · Post by **Greenie** » Fri Aug 22, 2008 7:53 pm

Hi Samyr

You are right that Somalia does not have an embassy in the UK therefore if you qualified for a certificate of travel you would not have to show that you had tried to get a Somali passport before applying for a Certificate of Travel.

The problem as Mr Rusty has said is that you don't have ILR or any of the other forms of leave required (exceptional leave, humanitarian protection or discretionary leave) for you to be eligible for a certificate of travel from the UK. It doesnt matter that you claimed asylum here, what matters is what your status is now, unfortunately.

Samyr · Post by **Samyr** » Sat Aug 23, 2008 11:20 am

Hello Greenie,

Thank you for your concern. Yes my status is a family member of an EEA National which i have been granted A Five year Residence card by the UK Home Office.
Doesn't that states my status? Where the covering letter which i received with the Residence Card states " YOU NOW HAVE A RIGHT OF PERMANENT RESIDENCE IN THE UK".
Now you tell me what does that mean? Is this fair. Thank you.

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NON EEA NATIONAL SPOUSE DENIED TRAVEL DOCUMENT

NON EEA NATIONAL SPOUSE DENIED TRAVEL DOCUMENT