Applied for NON EEA PR and UKBA Issued another 5 year RC

[srk123]

Hi all, I need Urgent Help Pls very disappointed with UKBA.

I have applied for NON EEA PR In February and Received my Documents Back with a letter conforming I should received my Residence Card in next 10 working days and they enclosed all supporting Documents I sent and when I received my Residence Card with DX delivery I was Disappointed to see its a Residence card of a Family member of a Union Citizen for another 5 YEARS Validity where as it should be PR card with 10 yrs Validity of renewal I have a application acknowledgement and COA Both conforming my application is for Permanent Residence CARD. but they still sent me a 5 years eea2. ....

I called ukba and explained they say i should write to them at Liverpool office and explain this ???

any suggestions or advice anyone will they tell me to stay on this card for another 5 years?? i was planning to apply for British citizenship next year after all this long wait of 12 years in Uk on different visa category...

[noajthan]

You are not dealing with UKBA, they were abolished in 2013.

RC is not a visa so you will not stay on it for 5 years.

If it truly was issued in error then write a cogent letter and, assuming you have actually acquired PR, and do qualify for the confirmatory PR card it should get sorted out in the end.

Worst case: you have not convinced caseworker you have actually acquired PR and they have kindly issued you with a RC (to confirm your current status) instead.

[srk123]

Thanks for your reply noajthan.

As I mentioned in my earlier post I applied for PR and the application acknowledgment and COA both conform that my application is for PR. then why would they issue a Residence card when I have lived worked for 5 years in uk under EEA Rules. as a non eea family member and included my evidence of those 5 years.


supporting documents Included

my wife EEA PR CARD, Passport, Work Contract. marriage certificate, 5year tenancy agreement on joint names, My payslips my p60s varied bank statements...

do you think im missing something or is it not enough to prove 5 years residency to qualify for pr after 5year living and working in uk...

and how Inconsistent on home-office part to issue something entirely different without explaining why they think I deserve this and not the other... Its like you go to the GP with cold and flu to seek medicine and the GP believe you need a heart transplant without any explanation and you are expected to trust him and follow without and sort of explanation.... whats this

[noajthan]

Thanks for your reply noajthan.

As I mentioned in my earlier post I applied for PR and the application acknowledgment and COA both conform that my application is for PR. then why would they issue a Residence card when I have lived worked for 5 years in uk under EEA Rules. as a non eea family member and included my evidence of those 5 years.

supporting documents Included

my wife EEA PR CARD, Passport, Work Contract. marriage certificate, 5year tenancy agreement on joint names, My payslips my p60s varied bank statements...

do you think im missing something or is it not enough to prove 5 years residency to qualify for pr after 5year living and working in uk...

and how Inconsistent on home-office part to issue something entirely different without explaining why they think I deserve this and not the other... Its like you go to the GP with cold and flu to seek medicine and the GP believe you need a heart transplant without any explanation and you are expected to trust him and follow without and sort of explanation.... whats this

I can't explain what HO has not explained in their letter or response to you.

All you can do is follow up and see where the journey takes you.
Hopefully its a mistake and can be corrected.

[srk123]

Yes I Understand what you mean noajthan thanks for your response once again but what Im confused about is they recognized in COA Its a PR APPLICATION. and then send RC after 6 months of Hijacked documents and passports and my freedom of movement/traveling and peace of mind if i could add.

Lastly do you know if this is the address i should write to

Capital building
New Hall Liverpool

L3 9PP

[noajthan]

Yes I Understand what you mean noajthan thanks for your response once again but what Im confused about is they recognized in COA Its a PR APPLICATION. and then send RC after 6 months of Hijacked documents and passports and my freedom of movement/traveling and peace of mind if i could add.

Lastly do you know if this is the address i should write to

Capital building
New Hall Liverpool

L3 9PP

Not sure about the address as its different from the initial address (on PR form).

At the early stage that the COA is issued the application has not yet been decided.
It may be that you failed at some stage after that and so your application was downgraded to a RC.
But an explanation would have been customary in that case.

[secret.simon]

Was your wife either exercising treaty rights or having PR for the whole of the five continuous years that you claimed for?

It seems to me that the Home Office caseworker either did not understand that an EEA citizen having PR does not need to be exercising treaty rights (their fault) or that there was a break in your wife exercising treaty rights before her acquiring PR that the Home Office caseworker discovered.

So, how did your wife exercise treaty rights and when did she acquire PR?

[srk123]

secret.simon

she acquired PR By working and she has acquired PR in april 2015 after we submit 5 P60's from her job and tenancy agreements and some payslips and letters from her employment.

The worst part is i just dont know who to write to or what address to?? and who is at fault me or Home office ??

I have provided my wifes PR Blue Card and and her current NHS JOB contract from June 2015 to ongoing and my 5 years residence proof in the form of tenency agreement from last 5 years and some P60s payslips and banks statements... and through out they conformed my application with them is for PR in the COA and applications acknowledgment and even the letter from the returned supporting documents for my current application is from permanent migration PO BOX 306 Liverpool L2 0QN...

But in this letter it says A residence Card will be sent to you under separate cover. in the end it says if you find any mistakes on the card or its entitlements please go to
https://www.gov.uk/ask-for-a-visaadmini ... uk....when I google this it says page not found Im so stressed and Lost even after 6 months wait I dont know what I have or what to do next ?? please help

[noajthan]

...

But in this letter it says A residence Card will be sent to you under separate cover. in the end it says if you find any mistakes on the card or its entitlements please go to
https://www.gov.uk/ask-for-a-visaadmini ... uk....when I google this it says page not found Im so stressed and Lost even after 6 months wait I dont know what I have or what to do next ?? please help

Maybe the letter is actually referring to a permanent Residence Card.
Try not to sweat it until you see what turns up.

[Noetic]

Maybe the letter is actually referring to a permanent Residence Card.
Try not to sweat it until you see what turns up.

OP has already received the (wrong) card.

There have been cases where PR wasn't sufficiently proven and case worker explained in the letter why and issued RC instead but it's very strange for this to happen without at least an explanation in the letter!

[noajthan]

OP stated that letter advises card is coming in 10 days.

[Noetic]

OP stated that letter advises card is coming in 10 days.

OP also says

"...and when I received my Residence Card with DX delivery I was Disappointed to see its a Residence card of a Family member of a Union Citizen for another 5 YEARS Validity"

[noajthan]

He does indeed. What a tangled web HO weaves.

[Noetic]

He does indeed. What a tangled web HO weaves.

Why process applications accurately and efficiently when you can confuse and scare applicants in the process

[srk123]

noetic as you rightly pointed out I was expecting an explanation atleast as to what is sent to me and the reason/explanation... and I also dont understand if they issue my wife with a PR CARD in 2015 april...after we submit an application with 5 p60s for her and other supporting Doc's. then all I needed to submit now was her PR CARD and my Residence proof of last 5 year along with other documents jumbo mentioned... I read a post by Jumbo on this forum where he mentioned this...

Once PR is obtained you don't need to exercise treaty rights anymore. If you stop working it will not affect your (or your husband) status.

As your husband has already completed 5 years in the UK (it doesn't matter when his RC was issued), he can apply now for PR Confirmation using form EEA4. What is needed from you is passport/ID and the PR card. No need for payslips at all.
He will need to provide passport, proof of residence for 5 years and a marriage certificate. A simple and easy application.

so I submitted my payslips p60s and bank statements that I can find... along with 5 years tenancy agreement. have I not acquired PR with the above details in sight.???

[noajthan]

You don't acquire PR from this application.
You are simply applying for confirmation of your status.
If caseworker was not satisfied by the evidence you could have been refused.

The puzzle is why the explanation is missing.

[Noetic]

The fact that there is no explanation does seem to suggest a mistake on their part. Hopefully someone will confirm he address to write to.

[Obie]

Wait for the BRP and threaten legal action if the decision is not rescinded.

[srk123]

strangely there is information on this forum for every situation except a situation like this and the mystery of the address to write to is another puzzle... without which I'm turning to be a patient with sleeping dis-order just dont know what to do or who to ring or write... how inefficient on Home office part even after half a year time.....

Obie » Mon Aug 08, 2016 7:59 pm

Wait for the BRP and threaten legal action if the decision is not rescinded.

I have received BRP and its a wrong one Obie but don't know who to threaten with legal action and at what address..

[secret.simon]

On a point of interest did you submit proof of wife exercising treaty rights before her PR Card? That is, did you submit her P60s from 2011-15 (being the time that she did not have PR but was exercising treaty rights)?

[Obie]

Even if they are correct to refuse , op was at the very least owed a reasoned basis for their conclusion, and must be afforded his legislative right to seek judicial redress against the adverse conclusion.
Therefire even if some of the contributors are correct on what may have led to the decision, those views are purely speculative. OP is entitled to a reasoned decision.

The regulations afforded that much to him.

[srk123]

secret simon

when we applied for her Pr we submitted her P60S FROM 2009 TO 2014 AND WE APPLIED IN JANUARY 2015 FOR HER PR AND SHE RECEIVED IT IN APRIL 2015. HOPE THAT ANSWERS YOUR QUESTION.

[srk123]

Even if they are correct to refuse , op was at the very least owed a reasoned basis for their conclusion, and must be afforded his legislative right to seek judicial redress against the adverse conclusion.
Therefire even if some of the contributors are correct on what may have led to the decision, those views are purely speculative. OP is entitled to a reasoned decision.

The regulations afforded that much to him.

thanks obie simon and everyone

But if they did refused me why not just refuse the PR application and explain why its refused instead of just giving something else and assuming i will have a dream which will have an explanation.

and if refused on what basis thats what im struggling to understand....

[Noetic]

There have definitely been cases where evidence submitted was insufficient so an RV was issued instead however in those cases a letter explained the situation. The lack of such a letter MAY mean they simply made a mistake and gave instruction to issue the wrong document OR if you didn't supply correct or sufficient evidence they forgot the cover letter with the explanation

I'd write to them to clarify the situation - maybe also do a subject access request to get all info on you as this may reveal behind the scenes notes on evidence submitted and decisions made.

[srk123]

thanks noetic

I'd write to them to clarify the situation - maybe also do a subject access request to get all info on you as this may reveal behind the scenes notes on evidence submitted and decisions made.


My problem is I dont Know who to write to and at what address and How do I request this subject access Request ????? please help also on the letter it says if I find any problem I should notify them in 10 day of receiving the card. and the email address they give is only for Printing mistakes on the Card I sent them an email Anyway... no response so far....