Hungarian - Filipino married couple refused for EEA2

[Dsmiths]

Hi,

In the following I will try to demonstrate our situation which is not easy at all.

My Filipino non-EEA member wife applied for EEA2 on the 18th of July 2012. I'm Hungarian and a full-time mature student. We changed our address online on the 19th of October 2012. Received an automated email to confirm the changes which will be made within 72 hours. Called them up around mid November as we thought it was about time to receive the outcome of the application. They said yes, changes have been made and updated. We kept waiting. Today we almost reached the 6 month after the application so my wife called them yesterday (11.12.2012). She was told that the application has been posted back on the 19th of October 2012 and the lady mentioned that she couldn't say anything about the outcome but she asked my wife if she had a lawyer. It was posted the same day as we changed the address. Yesterday I went back to our previous home and no one received anything with our name as we changed address with every single institutions that post us.
I'm guessing that the application was refused otherwise the lady wouldn't have asked my wife about her lawyer. Now we are trying to get track on our passports and other document which seems to be lost by the very poor communication of UKBA. Why did they tell us in mid November that we changed our address successfully and it updated in the their system without mentioning they have already posted back our application on the 19th of October? Really helpful service.
Thinking of the reason of refusal, I can only think of the CSI. I'm a full-time student, am I not comprehensively insured by NHS? Yes I'm! I read lot about this and rules about CSI are confusing and not clear even among solicitors. I have also been here in the UK for 3 years working full-time before I started to study. Now I'm in worse position because I'm studying. It really make sense again.
We'll apply again and if CSI was the reason we'll get private insurance. However, how can we apply again without the documents that is lost by their fault? Why parcels containing important document are not signature proof? These are mistakes, faulty operations and we are in trouble because of them.
We are also not sure about what to do next, is my wife still able to stay here with me? Applying for EEA2 is not mandatory, as I know it is not a permission to stay it is about confirming various rights (I read this on the forum). How can we find out the outcome if they wont tell it through phone?

We would really appreciate some general advice on our situation even if I didn't ask exact questions. We unfortunately cannot afford a lawyer.


Thank you for taking time to read our unfortunate story.

[aledeniz]

However, how can we apply again without the documents that is lost by their fault? Why parcels containing important document are not signature proof? These are mistakes, faulty operations and we are in trouble because of them.

Did you enclose a pre-paid, self-addressed Royal Mail Special Delivery or Recorded Signed For delivery envelope with your application?

[Obie]

You are talking hypothetics. You are asuming they rejected the application, without first confirming such is the case.

You should have sent a prepaid Special delivery envelope as UKBA have ceased sending letters by recorded delivery.

You dont automatically loose your worker status if you engaged in studies, provided it was related to your previous work. Or if you were made redundant or had a fixed contract, any course.

You have to write to them explaining the fact that you had changed your address and that they should not have sent your passport to the old place.

[Dsmiths]

However, how can we apply again without the documents that is lost by their fault? Why parcels containing important document are not signature proof? These are mistakes, faulty operations and we are in trouble because of them.

Did you enclose a pre-paid, self-addressed Royal Mail Special Delivery or Recorded Signed For delivery envelope with your application?

no, unfortunately didn't.

[aledeniz]

Thinking of the reason of refusal, I can only think of the CSI. I'm a full-time student, am I not comprehensively insured by NHS?

Do you have an Hungarian EHIC? Could you get your hands on one, ideally also for your wife? Did you move in UK before June 2011, and if so were you by any chance issued a registration certificate before the 20 June 2011?

Also, I agree with Obie that you don't cross your bridges before you come to them, or as they like to say in the other side of the pond: if it ain't broke, don't fix it.

[Dsmiths]

You are talking hypothetics. You are asuming they rejected the application, without first confirming such is the case.

You should have sent a prepaid Special delivery envelope as UKBA have ceased sending letters by recorded delivery.

You dont automatically loose your worker status if you engaged in studies, provided it was related to your previous work. Or if you were made redundant or had a fixed contract, any course.

You have to write to them explaining the fact that you had changed your address and that they should not have sent your passport to the old place.

Thanks for the quick reply.
Just called them and they said she needs to write a letter explaining what happened.

Thanks again, will try to filter down the case as we know more.

[Dsmiths]

Thinking of the reason of refusal, I can only think of the CSI. I'm a full-time student, am I not comprehensively insured by NHS?

Do you have an Hungarian EHIC? Could you get your hands on one, ideally also for your wife? Did you move in UK before June 2011, and if so were you by any chance issued a registration certificate before the 20 June 2011?

Also, I agree with Obie that you don't cross your bridges before you come to them, or as they like to say in the other side of the pond: if it ain't broke, don't fix it.

I know there are assumptions in the case, please excuse me for that. I also do agree with the term of "don't cross your bridges before you come to them".
I don't have Hungarian EHIC as I've been living here from 2006. I have sent them my EHIC card which was issued in the UK, so that's probably not good. I cant have Hungarian EHIC as I'm not there and I don't pay any tax. I was refused for registration certificate around 2009-2010 as I didn't report that I have change my workplace during the 12 months uninterrupted period. So no WRS no registration certificate no EEA2 because of not reporting something that was obvious. I have always been working for years uninterruptedly before I started my University course. And I'm not able to fix that mistake ever. Really fair system.

[sheraz7]

Before you establish any assumption regarding your application you should try to investigate your documents and passport. Always and normally ukba telephone staff give different information to each other. Try to speak atleast few more different operators to confirm they really sent back documents. You can also check your both (old & new address) royal mail post delivery offices.

[Dsmiths]

Before you establish any assumption regarding your application you should try to investigate your documents and passport. Always and normally ukba telephone staff give different information to each other. Try to speak atleast few more different operators to confirm they really sent back documents. You can also check your both (old & new address) royal mail post delivery offices.

Thanks for your reply but they don't say anything rather that "I cant tell anything about it as the process of your application hasn't reached 6 months"
and trying to get off the phone. Why would one operator say the opposite then the other one? I'm already doing the post office's delivery office "research" .

Thanks

[Dsmiths]

Before you establish any assumption regarding your application you should try to investigate your documents and passport. Always and normally ukba telephone staff give different information to each other. Try to speak atleast few more different operators to confirm they really sent back documents. You can also check your both (old & new address) royal mail post delivery offices.

I made 3 calls since you posted your suggestion, talking to 3 different person. They can say nothing until January. They just don't say anything.
They don't even look at the case. Why can't they if is posted or not???

[Dsmiths]

Before you establish any assumption regarding your application you should try to investigate your documents and passport. Always and normally ukba telephone staff give different information to each other. Try to speak atleast few more different operators to confirm they really sent back documents. You can also check your both (old & new address) royal mail post delivery offices.

Checked everything, it seems to be lost. Well, have to say it out. it is lost