Border agency error - led to rejection of application

[andy and ann]

Hi all,

I have had wonderful news on this forum, enabling my wife to effortlessly enter the UK. I am sure some of you may recall the major trauma back in 2009/2010!!

Anyway, my non-EU wife's 5 year residence card expired on 3 September, and we had applied for a new one on 1 September (we couldn't apply earlier because of holiday).

We heard nothing from them until yesterday when the whole application was sent back with a rejection letter. They had been sending all correspondence (biometrics etc) to our former address of 4.5 years ago. I had contacted them regarding the delay but was advised the biometrics would depend on the caseworker as these had already been taken for the EEA family permit.

I have contacted my MP and his senior case worker has worked very hard putting together a case to give to the MP for him to chase it up, I am not sure if he has any real ability to do anything about this. I have also issued a complaint with the Home Office, but of course I have heard nothing.

My wife has just got a fabulous job, but she cannot be accepted without a COA, so it looks as though the errors of the Home Office will cost us very dearly! We received a letter today saying that they cannot process the refund for the residence card as this was issued to our former address, and they need a signed letter from our current address to give us the refund.

We don't want a refund, we want a permanent residence card!!!

Anyone have any further thoughts on how to speed this up? I am holding back on resubmitting the application because I feel this should be dealt with under the original application.

Many thanks in advance for any suggestions.

[noajthan]

Hi all,

I have had wonderful news on this forum, enabling my wife to effortlessly enter the UK. I am sure some of you may recall the major trauma back in 2009/2010!!

Anyway, my non-EU wife's 5 year residence card expired on 3 September, and we had applied for a new one on 1 September (we couldn't apply earlier because of holiday).

We heard nothing from them until yesterday when the whole application was sent back with a rejection letter. They had been sending all correspondence (biometrics etc) to our former address of 4.5 years ago. I had contacted them regarding the delay but was advised the biometrics would depend on the caseworker as these had already been taken for the EEA family permit.

I have contacted my MP and his senior case worker has worked very hard putting together a case to give to the MP for him to chase it up, I am not sure if he has any real ability to do anything about this. I have also issued a complaint with the Home Office, but of course I have heard nothing.

My wife has just got a fabulous job, but she cannot be accepted without a COA, so it looks as though the errors of the Home Office will cost us very dearly! We received a letter today saying that they cannot process the refund for the residence card as this was issued to our former address, and they need a signed letter from our current address to give us the refund.

We don't want a refund, we want a permanent residence card!!!

Anyone have any further thoughts on how to speed this up? I am holding back on resubmitting the application because I feel this should be dealt with under the original application.

Many thanks in advance for any suggestions.

Mabuhay!

How could HO be using a 4+ years old previous address?

Was your current residence/correspondence address submitted correctly in your application for this 'confirmation of PR' card?

As you seem to have travelled by the scenic route (Surinder Singh) was that clear in the application for PR card as submitted?
(ie no need for you to exercise treaty rights in UK; spouse simply required to reside in UK, with any absences from UK within prescribed limits & etc).

[andy and ann]

Mabuhay! Thanks for the reply!

I am certain that it was all submitted correctly, when the pack was returned they apologised for the error that they made, and that is why they are trying to issue a refund. The only conclusion that I can come to is that they got muddled up because the house number is the same at both addresses!

The pack contained a letter detailing the fact that she had not responded to the biometrics, after they had written twice which then led to them rejecting the application. There was a second letter which said they had made an error, apologised for it but as it has now rejected it cannot be reversed, and to resubmit it - apologies for any inconvenience caused!

I think the error only came to light when the package containing all our passports, certificates etc was returned to them after rejection at our former house, we don't know if they refused to accept it, or accepted it and opened it and then returned it!

what a joke!

If my wife was not desperate to start her new job I would have just emailed them and pointed out they had six months from the date of the application to issue the residence card under Art 20 (1) of Directive 2004/38EC, but alas time is pressing!

Thanks again for the reply!

[Obie]

Try not to worry Andy, you can certainly take them to the cleaners for any penny of earning and opportunity that she was deprived of..