Eea application refused and they misplaced my passport

[Olak]

I applied for eea 19/3/2013
COA 4/4/2013
Refused 25/10/2013
The reason for refusal,they called spouse company,no one picked and they said it's not genuine.i have right of appeal,I am wondering if I should go for a reconsideration,then appeal and submit fresh application and I don't know what to do about my passport,as it got missing in their office and they are telling me I didn't put the passport there when I made the application to them,am so confused,help needed.

[stars]

I applied for eea 19/3/2013
COA 4/4/2013
Refused 25/10/2013
The reason for refusal,they called spouse company,no one picked and they said it's not genuine.i have right of appeal,I am wondering if I should go for a reconsideration,then appeal and submit fresh application and I don't know what to do about my passport,as it got missing in their office and they are telling me I didn't put the passport there when I made the application to them,am so confused,help needed.

HI Olak can you provide us bit more details so member can help ypu better
where did you apply for EEA Family permit?
they dont accept eea fp application without passport so how can they say you didn't gave them passport

[Olak]

I applied for eea residence card in uk,I waited over 6months,then I called on October 1 to ask about my application and I was told that I did not put any form of identification,then I was told that I didn't put my passport when made the application,and which I did,I sent a letter back to HO stating I did and also put a photocopy of the checklist of all documents submitted to them,they never replied my letter,but instead I got a refusal letter.

[Aliaslan]

What kind of proofs did you submit for your partners treaty rights? Payslips, confirmation letter?

[Olak]

I submitted payslips,employment letter

[Aliaslan]

Ask for reconsideration and submit new payslips, new letter, bank statements etc.

[Obie]

On what basis where you refused? Was it due to failure to provide ID or was it due to lack of evidence of treaty rights.

If they say the employment is not genuine then you may well put in an appeal. However if they said they were unable to verify, then ask for reconsideration.

I advised you to appeal because it seems to me they want to refuse, and you have no control over this form of refusal. What if they are unable to get through again this time? Are you in charge of the employers phone? What if they did not even call?

There are various other means of verifying employment. Simply relying on an unsuccessful phone call is not good enough.

[Aliaslan]

On what basis where you refused? Was it due to failure to provide ID or was it due to lack of evidence of treaty rights.

If they say the employment is not genuine then you may well put in an appeal. However if they said they were unable to verify, then ask for reconsideration.

I advised you to appeal because it seems to me they want to refuse, and you have no control over this form of refusal. What if they are unable to get through again this time? Are you in charge of the employers phone? What if they did not even call?

There are various other means of verifying employment. Simply relying on an unsuccessful phone call is not good enough.

We had this issue with UKBA. I have asked for reconsideration which was granted. I have sent some payslips, letter from employer, newspaper as proof.... My partners employer was writing in the confirmation letter that if they don't get through in the phone than they should email. Nothing happened-no call no email. Decision has been posted on Thursday. I'm anxiety waiting for it!

[Davmck70]

@Olak. This is a very easy one for you to argue at the tribunal. You have a very strong case and my advice would be to appeal but you can also send them a letter for reconsideration. It would be nice if you took the time out to type the letter you received from HO (DELETE FULL NAMES) here so you can receive good advice as we can not see the full picture.

EEA procedural caseguide: You should have been denied without appeal rights if you did not attach the original form of ID but you have been denied with right of appeal. That is enough proof they received your passport.
A one time call to your spouse's company is not a proof they have gone through the right channels to check her employment and there is no law that states applicants should be refused on such grounds. The onus of proof is on SSHD to weigh the probability and judge accordingly but it is not the case in most situations. You will definitely win this case and even claim some money off them after winning.