Residence card for spouse refused -- evidence ignored!

[noisycat]

Hi everyone,

UKBA have today refused my husband's residence card. We applied with me (Irish citizen) as self-sufficient.

We sent everything they needed with first batch of documents, EXCEPT my CHI policy document, which we didn't yet have. We explained that we would send it asap.

It arrived a few days later. I forwarded it, along with a request (in the same envelope) for the return of my passport because a family member in Ireland was very unwell and I expected that I might need to travel.

They sent BOTH passports back about a week later.

Today then letter arrived to explain that they have refused on the basis of my not having CHI. The list of documents considered does not include the policy document that was sent along with the request for the passport.

I called them. The lady I spoke to said that she could see from the case record that they do have the CHI policy in question (they didn't return it, they returned my husband's CHI policy and everything else). So they received it, it's on their records, and for some reason they chose not to consider it, and refused the application on that basis.

They've sent me an appeal form that is 'Appeal to the first-tier tribunal'. Is this the right form? Do I need to fill this out or should I just write a letter pointing out their mistake and saying that we will pursue judicial review if they do not rectify it?

[Jambo]

should I just write a letter pointing out their mistake and saying that we will pursue judicial review if they do not rectify it?

Yes. Write a letter asking for Reconsideration as they had all the documents with them.

[noisycat]

should I just write a letter pointing out their mistake and saying that we will pursue judicial review if they do not rectify it?

Yes. Write a letter asking for Reconsideration as they had all the documents with them.

Thanks, Jambo. Shall I ignore the (largely irrelevant) appeal forms they sent me?

[Jambo]

You have 10 days to submit the appeal form. It's unlikely they will reply to your reconsideration letter so quickly so you might want to have a plan B. You need pay to appeal (£80). Your call.

[noisycat]

You have 10 days to submit the appeal form. It's unlikely they will reply to your reconsideration letter so quickly so you might want to have a plan B. You need pay to appeal (£80). Your call.

Hmmm. If I understand correctly, we could run into difficulties if we don't appeal in time? Would waiting for a reconsideration be considered a valid reason for extension on appeal time frame? If we run out of time and the reconsideration is not successful (though how they would justify that, I have no idea), can we apply again in-country or leave the country and re-enter to restart our 3-month period with no need for residence card?

This is what I'm planning to send them:

REQUEST FOR RECONSIDERATION: REFUSAL OF RESIDENCE CARD FOR FAMILY MEMBER OF EEA NATIONAL

Home office reference: *********

To whom it may concern,
A letter received today from UKBA indicates the refusal of an EEA family member residence card for R Jeremy Wells on the basis that N Dwyer Wells is not a qualified person under Regulation 6 of the Immigration (EEA) regulations 2006.

The letter states that no evidence was provided of N’s comprehensive medical insurance, and that she therefore does not meet the requirements of paragraph 4 c) iii).

The initial application form and evidence documents were sent in April along with a note explaining that N’s CHI policy would be forwarded as soon as it was available.

A policy letter for N’s CHI was sent approximately ten days later, accompanied by an explanatory letter and a request for the return of her Irish passport.

Her passport was returned shortly afterwards, indicating that UKBA received both the letter and the CHI policy document.

N’s CHI letter is not listed on the refusal letter as one of the documents given consideration, despite having been forwarded to UKBA.

N called the local immigration team on 0208 603 8476 on the 16/07/2013 at 12.15pm, quoting the Home Office reference, and was assured by the team that the CHI policy document had been received and that this is noted on the case records.

Evidence of N’s CHI was therefore provided, and the grounds for refusal are not valid based on the evidence provided to UKBA.

I would appreciate a prompt reconsideration of the decision in light of this error, in the hopes that further appeal or judicial review will not be necessary.

[Jambo]

You can always reapply (note that nowadays there is a £55 application fee). There is no need to leave the country (and in any case, it won't reset the 3 months unless you leave for more then 6 months).

Try to address the letter to the caseworker who refused the application (or at least his team). Should have a name or LNC and a number on the refusal letter.

[noisycat]

You can always reapply (note that nowadays there is a £55 application fee). There is no need to leave the country (and in any case, it won't reset the 3 months unless you leave for more then 6 months).

Try to address the letter to the caseworker who refused the application (or at least his team). Should have a name or LNC and a number on the refusal letter.

Great, yes, it does.

[357mag]

and edit out the names in post 4

[noisycat]

and edit out the names in post 4

Don't worry, I'm not silly enough to post my real name. They're made-up names for the purposes of demonstration.