The initial
info she gave me does create a good case. The docs she provided are slightly limping.
1) she came in October, as an A8 national, she was meant to have registered her employment within 1 month (under 7(2) The Accession (Immigration and Worker Registration) Regulations 2004). She told me she had sent an application with a fee of £90 in November.
The only thing worrying me is that I could only see a UKBA letter of acknowledgement dated 25 January 2011! Either she applied late, or they took forever to process, so the first question I will ask her is
when exactly she posted it+proof if possible.
I will be speaking to her next week and obtain more details, but if what she says is true then we will proceed with the compensation claim.
Directive/2004/38/EC wrote:mcovet,
If you structure your request for compensation carefully, I suspect you will be successful. It has all of the important parts:
(1) UKBA did something incorrect by refusing to issue the registration certificate because of limited validity of the passport
(2) without the registration certificate, there were downstream financial damages to the applicant
(3) you are requesting that UKBA reimburse you fully for those damages
Let me just double check:
- The passport was valid when sent to UKBA?
- Was it still valid when it was returned to the applicant?
- What exactly did UKBA say in the refusal letter?
