Appeal on refusal brp replacement visa

[Mrs umar]

Hello

Sir i have serious problem here kindly reply me asap. I already have spouse visa uk. And when i came back to my home country i lost my brp card. Then i apply for replacement brp visa. They refuse it on the grounds that i didnt gave them proof that whether i inform home office about lost brp or not. Infact in real i emailed at brplost email id. They gave me limited right to appeal. My husband and the lawyer thought that i should appeal.so i made an appeal through post along with proof of email in which home office cancelled my lost brp. My appeal reached there on 10 feb 2017. But since then i didnt receive any response from them.today my lawyer told me that we submit 140£ fee but they asked 60£ more fees on the other hand when my husband called on this appeals service contact number 0300 123 1711. They said that my appeal is still not in the system. Call us after 2 weeks. What should i do now. In spouse visa i can stay only 90 days outside uk its been 80 days i am in pakistan. I am so worried. Plz advice me what should i do now. Kind regards mrs umar

[CR001]

Which category of spouse visa is it?

Why do you think there is a 90 day limit to be absent? There isn't.

[vinny]

They refuse it on the grounds that i didnt gave them proof that whether i inform home office about lost brp or not.

That seems to be an odd reason for a refusal. Doesn't the act of applying for a replacement visa automatically inform the home office that the BRP was lost, stolen or damaged?

[Mrs umar]

Spouse visa means .settlement. m wife of british citizen so have to apply for that. And yeah thier reason was lame. But my question is what to do next.

[vinny]

Which sections of the immigration rules did they say this refusal fall under?

See also Appeal procedures: APL01 and Appeal.

Contact the Tribunal in writing:

First-tier Tribunal (Immigration and Asylum Chamber) customer.service@hmcts.gsi.gov.uk

The fees are apparently £140 with a hearing.

Also complain, as this seems to me to be a vexatious or frivolous refusal, wasting both your and the court's precious time.

[Mrs umar]

They consider my application under paragraph 320(1)

And right to appeal limited to the grounds under section 84(1)(c) nationality and immigration asylum act 2002

And i contact them in writing through email they are constantly avoiding it first they said that fill these grids details and send us.when i send them they replied after 2 days that we are dealing with those appeals we received on 8 feb. My appeal reached there on 10 feb. But then i repied them again. They again replied aftr 2 days that we cudnt find it in system.
And complain system u told me it is writen over there tbat they will reply in 20 days. I don't have enough time..

[vinny]

(1) the fact that entry is being sought for a purpose not covered by these Rules;

This refusal doesn't seem to make sense. A replacement BRP visa's purpose is covered by these rules, as an BRP had already been issued under these rules. Have they asserted that your purpose has changed since the issue of the BRP?

[Mrs umar]

No vinny they didnt say aything else.and refusal was not justified.because i am resident of uk and they didnt even bother to think twice before refusing.. And today i got my appeal back with an appeal form againt ECO .they ask me to fill it up and send them again. Am so worried that what if i had to make payment again.. its been so costly since i lost it. And now tomorrow i'll go to lawyer again and fill up everything and again send them . Jxt pray for me guys . . I am much worried my in laws and husband every1 is in uk.. m much stressed. .

[Obie]

(1) the fact that entry is being sought for a purpose not covered by these Rules;

This refusal doesn't seem to make sense. A replacement BRP visa's purpose is covered by these rules, as an BRP had already been issued under these rules. Have they asserted that your purpose has changed since the issue of the BRP?

I agree. So strange , it is unclear if they even considered the legal provision.

[vinny]

I don't have enough time..

When was the expiry date of the lost BRP? That's the time you have before extending.

[Mrs umar]

Expiry date of lost vrp is june 2018. But u know in my culture in laws are main thing to get worried about. Jxt guide me which documents i can attach with appeal to make it stronger. . Hope today i complete application form and resend them again.

[vinny]

Attach copies of any documents you have related to the lost BRP. Confirm that your circumstances and purpose have not change.

HMHO, a replacement BRP visa application should have been straight forward. The lost BRP card may have been cancelled, by virtue of it being lost, but I doubt (20(2)) that your leave has also been cancelled. Provided that your circumstances and purpose have not changed and unless they have proof to the contrary, this refusal appears to be vexatious or frivolous, without proper regards to the appropriate immigration rules, in particular, non-lapsing leave.

Try also to contact the UKVI.

[Mrs umar]

When i emailed ukvi about my refusal and appeal they asked my details and ask 5 days to response.. thier reply was thi "Please be advised, we received the below response " The applicant should
supply all documents and evidence relating to the lost BRP when they make
the application, the application is assessed using documents provided.
Applicant must reapply. "

This means should you want a new BRP you will need to re apply and hand in
the printed application form with all the supporting documents.
"

But at that time i already have made appeal .but now they return my appeal and ask to complete that form.my appeal is nt registered yet . So whether i should made appeal or apply a fresh application for replacement brp.

[vinny]

You may also reapply.

[Mrs umar]

You are trying to say that i also send appeal bundle and reapply at the same time???

[vinny]

It's your choice. You may do both or either one.

It may be quicker to reapply with the documents and evidence relating to the lost BRP. Which documents did they say were missing with the previous application?

[Mrs umar]

They stated that i didnt give them any proof that i inform homeoffice about lost brp .
Infact i emailed them in referred id of brplost and they send me a link on which i cancelled my brp and get back an email from them.. so now i will add that printed email with my new application.. m going to made appeal and reapply both. Fingers crossed hope it will be accepted now.

[Mrs umar]

Vinny thanx for your advice . Kindly could you plz help me out one more time. I cant find supporting documents. Last time when i apply and got refused visa centre accepted my given documents and didnt ask any other documents. But this time i am confused and wanted to be double checked. However this time i will attatch printed email from homeoffice in which they cancelled my lost brp and give me advice to apply for replacement brp visa . Last time i submit these documents *passport copy
*id card copy
*spouse visa entry clearance photocopy
*police report of lost brp in urdu
*police report of lost brp in english and attested
*photocopy of lost brp
Visa application centre accept them and didnt told me about lack of documents. But my hard luck ECO refused it . So this time i wanted to be double sure . Plz tell me supporting documents.

[vinny]

I cannot imagine why your submitted documents were not considered as sufficient. If these were lacking, then they should have requested more.

Moreover, if you included proof that you had reported the lost BRP, then how could they claim that you didn't?

The refusal didn't make sense.

[vinny]

Did you submit your original passport? They would need that to put in the visa.

[Mrs umar]

Yeah i did it...now fingers crossed.

[Mrs umar]

Vinny could you plz guide me about cover letter of my application?? Plz give me any sample cover letter

[Mrs umar]

You may also reapply.

Vinny you advised me to reapply and send appeal too. I submitted my documents on 27 feb 2017 and got an email today that
" unfortunately , the processing of your application has not been straightforward and we will unable to decide your application within our customer service targets. We are continuing to work on your application and aim to make a decision as soon as possible."
What does this means vinny??
Now i am stuck between appeal and reapply. Now what to do appeal is still active if they call my husband for oral hearing what should he do now. ? Because i have no passport now on whivh they can put visa sticker. Passport is at sheffield visa center. Plz reply me vinny

[vinny]

Not sure why they didn't consider this as straight forward.

[Mrs umar]

Not sure why they didn't consider this as straight forward.

But vinny whats is next now. How long they gonna take? And what is not straight forward. Plz let me know and pray for me