Immigrationboards.com

Hey everyone
I have been reading this forum for a long time and it's a really good way of sharing information and getting good answer and advise
Today I gotta letter via my solicitors refusing me a EEA residents card on the sole basis of not having a valid passport my solicitors says it's a good start and me and my common law wife feels the same but there was a big disappointment when we get to my embassy I was told it would take at least (4) months for me to get a passport due to a immigration strike in my home country my question is where do we go from here I have a meeting with my solicitor tomorrow and was suggestion to appeal there decision and take them to court cause it would take to long to get my passport and reapply ???? Any advise will be greatly considered and willing to answer any more question about my EEA application if asked
Thanking u in advance
Shawn

But the law says you need to get a passport, or provide alternative evidence of identity.

Did your lawyer advise you to do that?

Did you provide a letter stating why you could not provide an original ID, and give an alternate evidence.

The Secretary of State has a discretion to accept such evidence.

Hi obi
Thanks for your quick response
Yh I sent in my birth certificate and my national ID card
I'm here illegal and don't hold a valid passport
My passport was lost in the first year of coming to the UK.
they did not mention nothing about my durable relationship or any thing else my solicitor said that they have accepted that I'm in a relationship with a EU citizen who's excising her treaty right
There's loads more about my application that the did not mention
And I don't understand the refusal letter provided by the HO

Please reply
Any advise or suggestion will be greatly appreciated

Shawn1
What is your timeline?
Did you get COA?
We are in same position, my non EEA has only expired passport due to situation in his home country he can't renew it. We sent application on 24.06.14 and got COA confirming right to work today.

Hi.
I'm happy that u got a coa confirming right to work
My time line is a bit funny because they keep sending back my papers requesting other items
Like fees and original documents
But we first get out coa letter on 09/04/14
With no rights to work but they send back our documents at least (3) times after receiving the coa
We got the refusal letter yesterday dated 03/07/14
I wish u luck on getting your RC
For us we don't no what to do next
But we are keeping the faith they did not give me no date to leave on my refusal letter
And the hardly mention anything about it so fingers cross
Was your partner legal when u send ur application ?

There are many caselaws thatstates that a refusal for failure to provide a passport or a valid one is not accepted

Thanks obi
For your answer I think for them to refuse us just on that basis is wrong there are many ppl in the UK with out passport for what ever the reason and are scared to files police report because of there immigration status
If they had refuse us on the grounds of not a durable relationship or my my baby (partner) was not exercising her treaty rights
Or even my criminal record which happen over (7) years ago and never been in trouble with the law after we would be kind of able to understand
But they been through our document had it for months even called my wife work send it back requesting follow up documents
And now they say their refuse me on the grounds of not sending my passport
When I send other document to confirm who I'm and making them aware of my illegal status it's hard to apprehend
And the refusal letter is hard to understand

Yes my husband was legally residing in the Uk. He held RC since 2009. We did sent his passport but expired and HO seen his valid then passport when we applied for PR in January. In your case I'm not sure what would be the best step to take, perhaps sending Uk driving licence if u hold one.

Just a follow up to our story.
My husband received Residence Card today.
On a sticker in his expired passport.