No passport and applying for EEA2

[Viktoria27]

Hi all.

I hope for an advice from you members.

We have been recently refused PR and awaiting appeal decision. We are aware that due to lack of CSI the appeal will be dismissed so will probably have to apply for another EEA2 for my husband.

He is Syrian and his passport expired couple of months ago and due to the situation back home he can not renew it.

Is it possible to sent the EEA2 application form with expired passport and for eg UK driving licence and marriage certificate as proof of identification? Of course we would explain everything in cover letter.

We are stuck and have no idea of what to do.

Any help appreciated.

[Obie]

Due to the fact that they had previously seen his valid passport or ID, expiration of it, should not lead to refusal.

What was the basis of refusal? and how long have you lived in the UK, and what have you been done over that period? did you work?

The other thing is section 85(3) or (4) allows you rep to put to the judge the fact that your spouse has continued right of residence, and to allow the appeal on that basis, irrespective of the PR situation.

[Viktoria27]

Thanks for reply Obie

I came to the UK in May 2006. Worked from September 2006 - September 2009- Maternity Allowance till June 2010 and the combination of being student and self-sufficient. I was also self-employed from April 2013- April 2014.

My husband was refused PR due to lack of CSI ( We only bought one in December 2013) also insufficient number of transaction on bank statement and no evidence of MA (which we did provide). We appealed on 20 March (paper appeal) ,last date to submit evidence 6.5.2014 but no response yet.

[Obie]

How long were you a student for after maternity leave.

That is a relevant factir.

Have you submitted bundle and skeleton argument.

If no, then you can add those.

[Universal soldier]

What is their mean from insufficient number of transactions since there is no rationale or guidance about???. Is that bank statements belong to EU or non-eu national.

[Viktoria27]

I was a student from 2007-2008 (but got my RC in 2008 based on employment ) then AAT student from September 2012 until now.

Bank statements were of my non EEA husband we also included his proof of income.

After the refusal we sent EEA3 for me and are hoping that the caseworker will overlook the fact that the CSI was only purchased in December 2013.

[Obie]

I am interested to know what happened from June 2010-May 2011. If we can resolve that, then your husband will be in Good shape.

When was the baby born?

[Viktoria27]

My first child was born November 2009 so I was a stay at home mother while my husband was in full time employment,then in September 2011 i gave birth to our 2nd child. So basically from June 2010-May 2011 i was self sufficient on my husbands income and savings but no CSI as we were not aware of the need of it.

[Obie]

Well the period is quite long.

Had you done a course or training between June 2010- May 2011, then the route to PR would have been much clearer.

In the case of yours you may have to wait for Saint Prix judgement. inform the court about it in your skeleton , and advise the judge to consider the other right he has under EU law.

[Viktoria27]

Thanks a lot Obie! You gurus really help many people!

I will let you know about the outcome.

[Viktoria27]

Forgot to answer. No I have not done any training in that period of time. Just looked after my child and passed my driving licence and looked for work but have no proof of that as I thrown away all the letters not knowing I will ever need them.

Also how long does it that to hear from court from the last day to submit evidence?
Regards

[Viktoria27]

Today I have received Determination from court. The appeal has been dismissed as I wasn't qualified person for the period without CSI.
Feel so disappointed .

Could somebody please help me with the cover letter for EEA2 explaining that my husbands passport is expired.
Thanks