Urgent Help about EEA2.

[vbl]

hi there im new to this website i want to know about EEA2 residence card. I came to this country in 2009 jan on student visa and my visa expired in april 2010 since thn i didnt extended my visa. i mwt my wife in london octoboer 2009 and we moved in together in march 2010 we stayed together till august 2010 and thn she went back to northern ireland cause of some family problems thn i moved to northen ireland in novenmber 2010 and we lived together nd got married in june 2011 nd had our son in september 2011. Now she has an irish passport nd british aswell she is born british but thn she got irish passport to get marry and so we can apply for eea2 card. we applied for eea2 in 2012 but they rejected it august 2012. i want to know can we again apply for residence card eea2 but the thing i heard tht we cant cause of dual nationality so we cant apply. but one of the solicitor said we can apply. Please help me nd tell if we can or cant.

Many Thanks in advance for ur help.

[ravii]

Can you explain the reasons,why they refused your application?

[vbl]

ravi they rejected my application cause i didnt gave em my passport as i lost my passport and i contacted my pakistani high commission thy said thy cant issue me a new one cause i dont have a legal rite to reside in this country. i wrote a covering letter whn i applied for eea2 nd told em why can i give em my passport nd pakistan high commssion not issuing me one i gave thm the refrence number aswell tht psni police gave me whn i reported it lost. dont think thy rejected it just thy asked me for passport and i tried my best to get a new one frm high commission but thy not issuing me

[fatimahh]

VBL, what are Pakistani rules regarding issuing passport to their national abroad? It seems quite severe refusing to issue you a passport if you can prove that you are from Pakistan.
I personaly do not think HO can issue RC without passport as the permit need to be endorsed in your Passport. However they also got this other document called 'immigration status document'. Just ring UKBA and ask if you are eligible to get that one.
Good luck and sorry i could not help

[vbl]

thanks fatimahh. yup ther rules r quite hard cause thy r saying we not gna issue you a passport nd i told em im pakistani thy said thy dont care who i am. rang ukba nd thy said apply for EEA2 nd thn caseworker will look at it. but im really stressed out wht to do.

[Obie]

Have you provided alternative proof of your nationality, like homeoffice issued document, ID card from Pakistan, former HO letter or Card issued to you.

Have you informed the Pakistani Embassy that you are indeed living lawfully in the UK, as under EU law, something the UKBA is perfectly aware of, you are not required to have a Residence Permit for your residence to be lawful.

What i am more concerned about, is the fact that your wife is British and only got Irish Citizenship, to assist you with your application.

If she has never resided in another Memberstate besides UK, UKBA may want to refuse you on that basis, once you have overcome the issue of your Identification.