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Dear all,

My wife's residence card has been rejected as we sent as evidence of my italian citizen a photocopy of my passport certified by the Italian Consulate in Buenos Aires, authority that issued the passport. At the time of the application (Feb, 2013), I remember reading in the website that these was allowed as long that the authority that certifies the copy is the same that issued. Well, after 7 and 1/2 months they rejected in virtue of not providing the original italian passport.

In the letter is said that there is no right to appeal, however, I contacted the UKBA today and they advise me to send my passport (original) to the caseworker for reconsideration. I will like to see your advise as you seem to master these aspects.

Do you reckon that a fresh new application will be better?

Regards

Make a new application. Are you exercising treaty rights in the UK?

It may be quicker to send the original passport to the caseworker who refused the application to reconsider it. You could have sent your Italian ID card with the original application. Taht would have been quicker.

An original passport is always forwarded along with the application despite it can be requested back subsequently.

I don't think just sending the passport will work at this stage of the game. After 7 months have passed the UKBA will want to confirm that you are still exercising treaty rights (see the evidence of such) before they issue a RC to your wife. Simple as that!

Yes, I am still exercising treaty rights. My rights can be checked very easily at the Companies House as I am director of a Ltd company (public information) since 2010.

I will like to also request advise as I am sure I read that certified copies by the issuing authority were OK when the application was made in February. Do you remember is that was the case? Did I see an old document at the time of the application?

Do you advise to send right away the passport or request first the revision before sending the passport?

Thanks

tutu75 wrote:Yes, I am still exercising treaty rights. My rights can be checked very easily at the Companies House as I am director of a Ltd company (public information) since 2010.

I will like to also request advise as I am sure I read that certified copies by the issuing authority were OK when the application was made in February. Do you remember is that was the case? Did I see an old document at the time of the application?

Do you advise to send right away the passport or request first the revision before sending the passport?

Thanks

I think you are confusing with the requirements for EEA Family Permit which is applied abroad. In that case, copies are accepted. This is not the case for application applied in country.

I would send a letter requesting reconsideration with the passport/ID + a statement in the letter that you are still exercising treaty rights. Write your mobile and ask the caseworker to contact you if he has any additional questions (they do call sometimes).

Thanks a lot for your advise.

We will probably continue with our plans and go to Argentina (where our families live) in Christmas and she will apply again for the family permit and then, when we are back in January, she submit a fresh application for the RC. If I send our passports again back for reconsideration, we do not know if we will have them on time for travel.

I might probably contact the caseworker to ask if she is willing to consider our case given our times. We are not urged as she is not looking for a job and, at the end, the RC is not compulsory (although is better having it).

tutu75 wrote:Thanks a lot for your advise.

We will probably continue with our plans and go to Argentina (where our families live) in Christmas and she will apply again for the family permit and then, when we are back in January, she submit a fresh application for the RC. If I send our passports again back for reconsideration, we do not know if we will have them on time for travel.

I might probably contact the caseworker to ask if she is willing to consider our case given our times. We are not urged as she is not looking for a job and, at the end, the RC is not compulsory (although is better having it).

I would not expect reconsideration to take longer than 2-3 weeks although I agree, your passport might "travel" within the HO for a while and it might take time to get them back. I suggest you offer to send the caseworker the passport in a next day delivery if she agrees to reconsider. If the caseworker wants to close this case quickly it can all be done in a week.

I would not bother with the EEA Family Permit. If your partner is Argentinian, then the EEA Family Permit is not required as she is not a visa national.

Jambo wrote:
I would not bother with the EEA Family Permit. If your partner is Argentinian, then the EEA Family Permit is not required as she is not a visa national.

But when she came in January she applied for it. Are you saying that since she is not a visa national she can arrive and make her application for a RC without her family permit? Can you make an application for a RC being a tourist?

See similar question from another Argentinian - here.

Another point is that if you apply for a family permit in Argentina, you will be expected to demonstrate that you will be exercising treaty rights at the time of application. If you don't, the family permit would likely be rejected and that might cause you more problems.

Basic requirements for residence documentation:

EU national applies for residence certificate. Issued immediately. Documentation required - passport or ID card plus evidence that one is working, self-employed etc.

Non-EU family member applied for a residence card. Issued within six months. Documentation required - passport, evidence of being EU family member, residence certificate (or evidence that one is entitled to one, ie passport / ID card plus evidence of working, etc).