Immigrationboards.com

Greetings,

I have recently applied for a residence card EEA4 as a family member of EEA national who is exercising treaty rights in the UK.

After sending all the information UKBA has replied to me that my application for a permanent residence card has been refused on the grounds that I have not provided evidence in the form of :

* Either a valid national identity card or passport as evidence that my family member is a EEA national as claimed ( my husband) .

the thing is i have provided my husband resident card which shows that he is exercising permanent resident status as a EEA member which means they already know he is European settled in the UK.

I could not send his passport or ID card cause both expired at the time i applied.

Now I have to appeal agaisnt this decision and its frustrating that my husband resident card is not enough to show UKBA that he is a EEA national ...why did UKBA did this to me ?

Now how long do I have to appeal and do I need a Solicitor for this?

UKBA did not even sent me information on how to appeal against the decision.

thanks for your help.

I think rather than appealing based on your current documentation, it would be better if your husband can renew his passport or ID card, send that to the UKBA and ask for a reassessment. Do you know how long it would take to renew the passport/ID card? If in doubt, your husband could contact his country's embassy in the UK.

Did the UKBA send your other documents back when they refused you, or have they held on to them waiting for you to decide what to do?

Hi jotter

At this time i still havent recieved any of my documents back from UKBA.

The UKBA letter is dated from the 7th of November 2012.

My husband is trying to renew his ID card but this might take a couple of weeks from today meaning Im running out of time already in terms of the Appeal ?

Should i writte myself to UKBA asking for a extension of time to provide a valid ID or should i take a solicitor ?

Thanks very much for your time

Did you apply for a 5 years Residence Card using form EEA2 or a Permenent Residence Confirmation (following 5 years of residence in the UK) using form EEA4 ?

In any case, your immigration status in the UK is not affected by the refusal as status under EEA regulations is determined by the activities of the EEA national and not by a document from the HO. The HO just confirm the right by issuing the card.

The form clearly asks (several times) for a form of ID of the EEA national. With dealing with immigration applications, it is better to provide what you are asked for and not make logical assumptions.

There is no need for a solicitor or an apeal. Just send in the missing document.

I believe OP can appeal if she so wishes.

The refusal is clearly unlawful in light of Barnett.

Interesting thread...

We sent my wife's EEA4 form with my expired in July 2012 passport. No other form of ID but we enclosed a letter explaining why we cannot send a valid form of ID. In our case I need my valid EU ID Card to attend my British Citizenship ceremony on 4 December and I haven't applied for EU passport because I want British one anyway, they've got my reference number and copy of ID card made by NCS when I applied for BC so I hope it's going to be ok for my wife.

I haven't got any reply yet.

My wife just received her Certificate of Application today. Does it mean UKBA is satisfied with the documents she's provided (i.e. expired passport of EEA national)?