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Help me please,

I applied for permanent residency as a family member of an EAA national with Permanent Residency in the UK in June.
Back in August I requested back my sponsors ID and my children’s birth certificates as they were needed for passport renewal and naturalisation application for my son.
Today I have received a refusal under section 21(5) with reference to 8(5) and 15(1) saying I did not send my sponsors ID with my application. I screen shots for the requests and the letter I recieved with the requested documents. How can you refuse an application when you had the ID at first before they were requested back. I have the right of appeal under regulation 36. Any mods please help me with. How long will the appeal take.?

Sorry to hear about your refusal - at this stage the various options include an appeal, a new application or waiting for the introduction of Settled Status in March. Generally after a refusal, you would probably need legal assistance in relation to what is best for your next steps. Appeals generally take a long time and are expensive though.
It sounds like the HO made the mistake - you could start with writing them a (or various) complaint letters, explaining that they make the mistake, attaching a copy of the refusal letter and a copy of the letter received when they sent you back the documents and telling them that they should grant you PR without further delay.
You could also contact your MP, the Ombudsman and/or Solvit (http://ec.europa.eu/solvit/index_en.htm).
Another option is just to re-apply - it is usually quicker, easier and cheaper than an appeal. You'll have to re-pay the fee. If you re-apply, you should include a cover letter explaining the earlier refusal and explaining that you believe they made a mistake given you'd sent all the required documents.

HS748 wrote: ↑

Wed Sep 26, 2018 2:46 pm

Help me please,

I applied for permanent residency as a family member of an EAA national with Permanent Residency in the UK in June.
Back in August I requested back my sponsors ID and my children’s birth certificates as they were needed for passport renewal and naturalisation application for my son.
Today I have received a refusal under section 21(5) with reference to 8(5) and 15(1) saying I did not send my sponsors ID with my application. I screen shots for the requests and the letter I recieved with the requested documents. How can you refuse an application when you had the ID at first before they were requested back. I have the right of appeal under regulation 36. Any mods please help me with. How long will the appeal take.?

Were you married or an extended family member the EEA national? why are they relying on regulation 8(5)?

There is a procedure called “reconsideration” - if they made a factual mistake; you send all documents back, but do not pay, point at their mistake and say you want them to reconsider
Page 42 of this:
https://assets.publishing.service.gov.u ... .0-EXT.PDF

Says a case for reconsideration exists if:

the applicant or representative has rightly drawn attention to the fact that evidence alleged not to have been provided in support of the application was actually with the Home Office at the relevant time

Obie wrote: ↑

Wed Sep 26, 2018 4:51 pm

HS748 wrote: ↑

Wed Sep 26, 2018 2:46 pm

Help me please,

I applied for permanent residency as a family member of an EAA national with Permanent Residency in the UK in June.
Back in August I requested back my sponsors ID and my children’s birth certificates as they were needed for passport renewal and naturalisation application for my son.
Today I have received a refusal under section 21(5) with reference to 8(5) and 15(1) saying I did not send my sponsors ID with my application. I screen shots for the requests and the letter I recieved with the requested documents. How can you refuse an application when you had the ID at first before they were requested back. I have the right of appeal under regulation 36. Any mods please help me with. How long will the appeal take.?

Were you married or an extended family member the EEA national? why are they relying on regulation 8(5)?

Hi Obi I m an unmarried partner.

You could put an appeal and seek reconsideration.

If the matter rested on ID alone, then simple reconsideration might have assisted, but they are also questioning whether you were in a durable relationship and whether you resided with her in a Durable relationship for 5 years, so even if you succeeded on ID, it will not be the end.

obormot wrote: ↑

Wed Sep 26, 2018 5:29 pm

There is a procedure called “reconsideration” - if they made a factual mistake; you send all documents back, but do not pay, point at their mistake and say you want them to reconsider
Page 42 of this:
https://assets.publishing.service.gov.u ... .0-EXT.PDF

Says a case for reconsideration exists if:

the applicant or representative has rightly drawn attention to the fact that evidence alleged not to have been provided in support of the application was actually with the Home Office at the relevant time

Thank you. I was thinking of going via that route. My question is do I need to send all documents back with the Sponsors ID??

Thanks for your help.

Hi Obi I have leaved with the sponsor for 5 years and I have been a main carer for our two children so them using regulation 8(5) is very odd indeed.

HS748 wrote: ↑

Wed Sep 26, 2018 7:11 pm

Hi Obi I have leaved with the sponsor for 5 years and I have been a main carer for our two children so them using regulation 8(5) is very odd indeed.

Yes, not sure what documents you provided or the reasons for their decision, so unable to comment.

Just read the letter again they are saying I applied as an extended family member when in fact I applied as a family member. Section 8(5) applies to applications under Extended family applications not family member ie durable partners. This looks like an administrative error and I will be seeking legal help.

HS748 wrote: ↑

Wed Sep 26, 2018 9:47 pm

Just read the letter again they are saying I applied as an extended family member when in fact I applied as a family member. Section 8(5) applies to applications under Extended family applications not family member ie durable partners. This looks like an administrative error and I will be seeking legal help.

An unmarried partner or Durable partner of an EU citizen IS an 'extended family member' and not a 'direct family member'.

HS748 wrote: ↑

Wed Sep 26, 2018 9:47 pm

Just read the letter again they are saying I applied as an extended family member when in fact I applied as a family member. Section 8(5) applies to applications under Extended family applications not family member ie durable partners. This looks like an administrative error and I will be seeking legal help.

An extended family member who has an EEA family permit or a Residence card will be considered a family member under Regulation 7(3) for as long as they continue to hold an EEA family permit or a Residence card and they meet the requirement of regulation 8(5).

If an extended family member is able to provide proof that they met those requirements for a Period of 5 years, then they qualify under regulation 15(1)(b) and there is no longer a requirement for them to be a family member, as they would have secured a right of permanent Residence on an exclusively individual basis.