Immigrationboards.com

for full background, please see my orginal post.

Quick recap:

My wife is dual UK/Irish. I'm American.
Timeline:
17/10/13 - Issued family permit (Surinder Singh route)
29/5/14 - Entered Northern Ireland via Dublin
30/6/14 - UKVI received EEA2 application
15/7/14 - Received CoA with Right to Work (dated 9/7/14)
13/9/14 - EEA2 application refused

The application was refused because we did not provide evidence of living working in another EEA state. I did not provide this evidence because on Section 5 of the EEA2 application, it says,

"Please note: if you entered the UK with a valid EEA family permit issued under the Surinder Singh judgment as the family member of the British citizen named in section 3, you do not need to complete this section. If this is the case, tick the box to the right and then go to straight to section 10."

Of course, as I was filling out the application, I get to Section 5, read the above, and skip to section 10.

I spoke to one of the customer service people on 0300 123 2253 from UKVI Enquireies from European citizens. He agreed that the application was poorly written and that I should have indeed filled out Section 6 or Section 7 on the application.

However, it is my understanding that Surinder Singh route UK/dual nationals aren't required to prove they are exercising EU treaty rights as they are UK citizens (can someone provide a link to this?) Also, it doesn't seem to make sense to fill out either of these sections as my wife and I are currently in the UK and are both employed and my wife is not currently exercising treaty rights (our application is based upon her previously having exercised those rights while we were living and working in Dublin).

The UKVI customer service rep suggested I re-apply on a brand new application and fill out the appropriate sections and supply the needed evidence.

What are my options? Should I send a nicely written reconsideration letter to the case worker stating how he is incorrect as we previously supplied all of this information for our family permit application and the form was misleading? Or should I re-apply? Of course at the moment I have an expired Family Permit and only my previously issued Certificate of Application. Please let me know your thoughts.

Write a reconsideration letter pointing out to them not following their own guidance. Your caseworker didn't read the memo!!

Are there any casework instructions specific to the eea2 application?

Unfortunately the case worker is wrong because since the updated version of EEA2 app form in last April and june required if you entered the UK with valid EEA family permit you dont have to resend all the documents that were submitted during entry clearance visa you just tick the box in section 5 ...

I suggest to send review/reconsideration letter to the case worker and same letter to their deputy chief caseworker Mrs Linda Bateman.

Hey AliG,

Is there anywhere official that states that documents don't need to be resent in the above circumstances?

I'm not aware of any guidance. Perhaps you should make a FOI request at whatdotheyknow.com to ask if there is such a guidance, policy notice, etc, that has been issued to caseworkers/ECOs

You really need a guidance? I thought that was already on the form? Just point them to the form, they have made a blatant error

dalebutt wrote:You really need a guidance? I thought that was already on the form? Just point them to the form, they have made a blatant error

I don't need guidance. Everyone I've talked to at the European enquiries centre claims all the evidence supplied with the original family permit application needed to be included with my eea2 application.

I quoted the application to them and said the application instructed me to skip section 5-9 and that the application states supporting documents for surinder Singh need to be included IF section 5 was completed. They said that the application was poorly written and that I needed to include the supporting evidence.

I need proof they are in error.

My plan is to send a letter of reconsideration along with everything that was originally included with the family permit application along with a copy of the FP application.

You could contact the head honcho, Linda Bateman (her email used to be: Linda.Bateman@homeoffice.gsi.gov.uk; not sure if it still is) to ask what the actual policy/requirement is. She might not reply...but always worth a try!

I think the reconsideration would be a good idea!

jbminger wrote:I spoke to one of the customer service people on 0300 123 2253 from UKVI Enquireies from European citizens. He agreed that the application was poorly written and that I should have indeed filled out Section 6 or Section 7 on the application.

Section 6 and Section 7 relate to the EU citizens' work in the UK.

Because the British citizen previously exercised treaty rights in a different EU member state (Ireland) and is now returning to the UK, they are NOT required to work in the UK and so neither Section 6 nor section 7 are relevant to any decision.

Push back if asked for this information. Ask for reconsideration and/or appeal (asking in your appeal for all your costs to be paid for by home office) and/or reapply.

Thanks for all your input. UKVI will receive a letter or reconsideration in the post today, along with all supporing documents included in the original FP application. I also emailed the letter to various UKVI/homeoffice people asking for an explanation for my refusal and to provide me with a RC.

I'll let you know when I hear any responses.

Thanks

Received a letter in the post today from the Home Office saying that my application has been reconsidered ans that "you are going to be issued with a residence card" It asks me to forward them my passport so they can issue the vignette.

I don't mind sending them my passport, but I find it slightly odd they didn't just issue the RC to me on a stand-alone piece of paper. Regardless, it would appear that my reconsideration has been successful and I will forward the HO my passport. I'll update again when I receive my passport back (hopefully) with the RC inside.


thanks again for your input and advice.

Congratulation. Glad they reconsidered it.

Can you share the letter or the format of the letter you sent and to what address you sent it? I will highly appreciate it as I will be applying soon under surinder singh too and I do hold eea faily permit as well so it will be very helpful.

Again congratulation and goodluck to your future xxx

Finally - received the Residence Card in the post today! Thanks for everyone's help and advice!

Congratulations Jbminger. After all those harworks and long wait.

Can you share the format of your reconsidertaion letter and what address you sent it so everyone can see and get some ideas. Thank you xx