Lost my EEA permanent resident card in Nigeria

[Muchi]

Any advice yo my situation will be greatly appreciated

I have lived in the UK for the past 11 years. I met my husband who is a swiss national in London in 2008 we married in 2010 and have since then lived together. I received my resident card in 2010 which expired in 2015. I then applied for permanent resident card which I received in may this year 2017
In August I came with my husband to Nigeria where I lost this permanent resident card. I couldn't travel back with my husband they refused to let us travel at the airport in Nigeria saying I have nothing in my passport to show that I live in the UK. I have been in Nigeria since then. Afterwards I was advised at the British embassy to apply for the brp replacement visa which I applied and payed for but noticed that I made the wrong application 2 weeks into the application. I was then advised to apply for the EEA family permit. I withdrew the application for the Brp visa and got my passport returned. the whole process took about 3 weeks plus. I have now made a new application for the EEA family permit and 're currently awaiting a decision for. The ukvi in Nigeria.

I am still married to my husband. He sent his passport, our marriage certificate, our company certificate, our 2016 company financial report, his pay slips, doctor letters which addresses the both of us . A copy of police report when I reported the card lost and a copy of email I received from the home office after my card was reported stolen, our flight details, copies of home office letters confirming my permanent resident status as an EEA family member and also my husband wrote a cover letter which was also sent with the application. It's been 7 working days since submitting the application but I haven't heard anything back from them. I have a business in London of which my absence since August is having a huge impact of the business. I don't even know how long more I will have to wait here in Nigeria. My husband has since returned back to the UK except me.

I am so confused as to what to do in this situation.
Please any advise from similar experiences and the outcome will be much appreciated.

I need to live Nigeria back to UK as soon as possible . I am so out of cash now and cry everyday .

Sorry for long message

[Obie]

You are entitled to an EEA family permit, as a family member who has secured the right of permanent Residence. Upon your return you will them apply for Permanent Residence card again.

Apply for family permit, and you will be just fine to return back home.

[Casa]

I have now made a new application for the EEA family permit and 're currently awaiting a decision for. The ukvi in Nigeria.

It's been 7 working days since submitting the application but I haven't heard anything back from them. I have a business in London of which my absence since August is having a huge impact of the business. I don't even know how long more I will have to wait here in Nigeria. My husband has since returned back to the UK except me.

Obie, the OP has already submitted an application for a EEA family permit. I think their concern is how long they will have to wait for it to be issued.

[Obie]

Lost sight of that aspect. Thanks Susi.

There is nothing more to be done in that case.

[Muchi]

Thanks obie. It's day 12 since after biometrics now and still waiting for the home office.

My question is now since I acquired a right of permanent residence in the UK since Feb 2015 over 2 years now. Will there be no other way apart from applying for a family permit to return back to the uk.

I have the letter was issued together with the card and on there it says I now have a right of permanent residence in the UK and if I travel out of the UK, I will be readmitted back as someone who has acquired the right of permanent residence and also that I will not need a visa to return back to the UK.

Can I present this letter to the airline and ask them to contact ukvi in case They have any doubt as to my status in the UK?

Also I know someone who has an indefinite leave to remain in the UK. He was recently banned for 10years from returning to the UK because of deception in his BRP replacement visa application. He also lost his card while on holiday abroad.

What he did was he did not answer some question correctly in the travel and criminal history section on the application form.

My question please does this kind of ban apply to applications made under the Eu law? Or it only apply in national UK law on immigration?

Please advise as this may help other people in the future or in a similar situation.

[Obie]

The airlines will not permit you to board if you are a visa national, you can either contact the British High commission and explain your plight, or wait for the family permit.

If it was a normal BRP, they would have granted you a 30 days residence and when you enter the UK, you can apply for a new one, but the position with EEA regulation applications are different.

[Muchi]

Hi obie,

Thanks to your reply been so helpful.
I think I will try to contact the British high commission here in Nigeria. On the card I received with my PR resident card, it says I will not need a visa to return back to the UK once I leave the UK. Except I have stayed outside the UK for more than 2 years.

This is an email I received from them yesterday after 15days mark they gave initially I'm so confused.



Regarding Visa Application: GWF045767490
For:

Thank you for applying for a UK visa. Your visa application has been received and is under consideration. We aim to process non settlement applications within 15 working days (unless you have opted for the Priority Visa service), and settlement applications within 60 working days.

Unfortunately, the processing of your application has not been straightforward and we will be 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.

We will write to you again if there is any change to this. Please do not attend the Visa Application Centre until you have been advised that your application has been decided and that your passport is ready for collection.

Kind Regards,

UK Decision Making Centre



I am not applying as someone who is just going to UK to meet their family there for the first time . I have lived, studied, and worked in the UK since 11years now. I have been granted a right of permanent residence under EU/EEA law since 23/02/2015 . I Got married to my husband who is a swiss national since 2010 in London we are still happily married.

Please others who have had similar experience losing their PR EEA card in any 3rd world country please share your experience and advice is greatly appreciated.

I have a successful business in the UK I pay all my taxes and the accounts for the year 2016/2017 is due for filing by our accountants soon. I'm desperate I need advice please thank you

[vicboy]

I have read your story at length. I think considering the way the UK Govt have been behaving because of brexit. You should have just applied for a short stay visa C to the Schengen area(Swiss) and when you get to the EU, you head to France and take a train/ferry to England. You just present your case at the border and i believe you will be stamped into the UK without any stress considering all the evidence you listed above. I am sure all the senior members on this forum will agree this is the fastest and easiest way for you. I can't believe you have been stuck in Nigeria since August. I wish you the best.

[Muchi]

Thanks so much for your reply. I actually thought about that as well and also discussed it with my husband. Yes I have been stuck in Nigeria for this long. I really will like to explore the Shenghen option since my husband Is a swiss national. Do you think they will issue the visa definitely? It's really frustrating the way the UK are treating EU applications now. I have lived legally in UK for over 11 years now and to be treated this way by the home office even the British high commission in lagos is appalling.

I will have to withdraw my application and apply for the Shenghen visa hopefully we won't encounter any problems at the border when we get to France.

Please seniors in the forum please I need more advice do you think the Shenghen visa will be a better alternative in this case ?

[vicboy]

I am can't believe the senior members haven't responded to this thread. I honestly think your best option is the schengen Visa if you don't hear from them by the end of November. Your Schengen Visa will be out in fifteen days maximum. You can even get your husband to come down and you will go to the embassy(swiss) together no appointment is required since your husband will be with you. After you get your Schengen Visa head to france and use the same documents you used to apply for the family permit to seek entry under Eu rules and get the EEA Dependant stamp. I think this your fastest and easiest option. I am going to the uk for a family visit in two weeks from Malta. I will be seeking entry this way. I will keep you posted on how it goes.

[vinny]

Except I have stayed outside the UK for more than 2 years.

This may be a problem with your PR status:

(3) The right of permanent residence under this regulation is lost through absence from the United Kingdom for a period exceeding two years.

However,

I then applied for permanent resident card which I received in may this year 2017

you must have been in the UK when they confirmed your PR in May 2017? So, you have not been absent for more than 2 years since May 2017?