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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi I am about to send the application for Permanent Residence

Resolved Question:

Hi
I am about to send the application for Permanent Residence card (EEA3) to Border Agency. I MUST use the post and I MUST enclose originals of supporting documents (passport, P60s, pay slips, letters of confirmation). I want to take all possible precautions against the loss of those documents by Border Agency (or by the post) - and against the further possible consequences, if they lose them in spite of the precautions. Special Delivery and taking copies before sending the originals is obvious. But I consider also certification of copies before sending the originals, and maybe also confirmation of sending enumerated list of original documents to Border Agency (affidavit?, statutory declaration?). If you had a budget of £400-600, what kind of legal professionals (solicitor?, notary public?, commissioner of oath?) would you turn to and what particular services would you require from them to minimize the risks described above and to maximally bolster your position towards Border Agency?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  INC replied 4 years ago.

Hi,

 

Thanks for your question.

 

Firstly, UK Border Agency will only accept Original Documents and not copies or certified copies.

 

If you wish to minimise the risk, all you can do is submit the documents personally.

 

If you wish to instruct a Solicitor to review your application for a fee of £400, you may do so, however, if you feel you have completed the form adequately yorself and are just worried about losing your original documents, this may not be worth it.

 

If you send a detailed covering letter listing all of teh documents you are sending and send the items by special delilvery and track the package, you would have done all you reasonably can.

 

I hope this answers your question. if so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 4 years ago.

Dear INC

 

Please, be so kind to pay attention to these points

 

1) I want to know, whether there is any way in UK to receive a proof of sending a particular contents in the envelope ,ie proof of sending particular documents, rather than only a proof of sending the envelope as such, without a possibility to keep a documentary evidence of the contents, which is in the envelope in the moment of the envelope's handing over at the Post Office. If the possibility of receiving the documentary proof of sending particular contents exists in UK, I would also like to know the technical term for such documentary proof, and I would like to know what kind of legal professional (solicitor?, notary public?) I should ask for issuing such documentary proof.

 

2) The delivery of documents as such is not the main problem. I can use a Special Delivery or some courier services - as Border Agency in case of EEA3 (unlike in case of some other applications) categorically insists on using the post anyway. The main problem is, that Border Agency can lose the EEA3 application and supporting documents during the likely several quarters of their storing and processing in Liverpool.

 

3) What I want to invest money into is preventive bolstering my position for the scenario, when Border Agency have lost some or all of my supporting original documents, and perhaps even deny their very previous receival and refuse to cooperate in resolving the issue. As a layperson I would believe, that my keeping the documentary proof, that I have previously sent all the documents "now" (ie in such hypothetical situation) lost, and keeping the certified copies of the documents "now" lost, might enable taking a successful legal action against Border Agency in such bad circumstances. So, my question was, how to effectively and preventively invest £400-£600 (ie what sort of legal professional and what services exactly to ask for) before sending EEA3 with my original documents to Border Agency, to preventively bolster my position for the case, that the above described ominous scenario really happens in the future.

 

I understand the terms and conditions of this website, I won't hold you accountable for any possible inefficiency or negative consequences of your advice, but before accepting your answer, I would like to learn from you some at least potentially useful and non-banal suggestions.

 

Thank you in advance for your kind understanding and additional help.

 

 

Expert:  INC replied 4 years ago.
Hi,

In response to your questions I have the following comments:

There is no way possible of guaranteeing that your documents will not be lost by the UK Border Agency once received.

What you can do to ensure you have proof of delivery is to send by Courier and list the contents of the package in the items to be deliver section of the form.

Another suggestion is to instruct a process server to deliver the documents for you and request a sworn declaration of delivery of the individual items.

A process server will be able to hand deliver the documents and provide you with a sworn declaration statin that the document was delivered on X date and time to X adress and signed for by X person. They will also list the documents provided. Process Servers are used by the Legal Profession to serve important Court Documents and will be used to this sort of thing.

In the event you had to pursue the matter further, you would have a Sowrn Declaration from a Process Server as evidence of delivery.

There is little else you can do to guarantee delivery of teh individual items. As you have rightly stated once received, they could be lost, however, if delivered by a process server, you will have a sworn declaration of the individual items.

I hope this helps.

INC, Solicitor-Advocate
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.

Hi INC

 

Thank you for your additional comments. The problem with UK Border Agency is that they will accept only delivery by Royal Mail in case of my EEA3 application (they claim that they have "no facilities" to accept delivery from any other postal agency or individual than from Royal Mail). So, I won't be able to use your advice in this particular case, unless there is some statute making it mandatory also for UK Border Agency to accept Process Servers (if you know about any, I will appreciate your citing it). Anyway, the knowledge of existence of Process Servers and Sworn Declarations may be still useful to me in the rest of my life - so I will already accept your answer.

 

Regards

 

Dan

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