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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I am now in UK in a family permit visa which is about to

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Hi, I am now in UK in a family permit visa which is about to expire in October, then i would like to apply for my residence card before that. But my real concern is:

I got my family permit visa on my previous passport(which has my maiden name). Last week, I renewed my passport because i would like to apply for the EEA2 with my new surname. BUT the problem is that my passport came with an error on the date of issue of the previous one, to be more clear, Brazilian renewed passports has also a stamp where it shows the information from the previous one, such as: ''granted to replace the passport (number) issued by( autority) in (date)'' which in my case the date should be 2009, and it mistakenly came as issue date of the previous passport ''2008'' and my first one was issued in 2009 instead. I showed to the embassy the mistake, and all they said is that it won't cause me any problems because it's just a mere error that the most important thing is that the number of the previous passport is mentioned correctly, and that all my other details are correct. SO, my big fear is that whether i send my passport to the home office to apply for my visa, if they see that, will they think i just sent them a false document???even if my passport is truly valid? will it cause problems for me? but, if they see that, will they just send me my documents back and refuse my application or they will punish me by denying me come to UK in 10 years? I am so worried by now, and i don't know whether it's no reason to worry about or if i should do something about it? (* I did not send the application yet.)
Hi

Thanks for your patience.

I think that the best thing you could do would be to document the fact that you consider this to be an oversight. The best way to do this would be to outline it in a letter and send it to the embassy from which your passport was issued. You should detail that you have applied in the correct way and that the mistake appears to be their fault and, as such, they should rectify it.

You should express your concerns about the potential impact that you consider this may have your residence card application and ask for the mistake to be remedied at the cost of the embassy.

If they write back to you refusing to do this then you should explain in your covering letter drawing the UKBA’s attention to the error, your efforts to get it remedied and a copy of the embassy’s response. State specifically that you do not intend to deceive them but consider that you have discharging your responsibility to make reasonable efforts to get it remedied.

I would still expect you to be fine. The passport itself is not false, it just contains an administrative error made by the embassy. It will not be the first time.

There is technically no legal requirement for you apply for your residence card before your family permit expires. Your right to remain here derive from your marriage to an EEA national and not from the family permit stamp. A Residence Card is simply acknowledgement of your right to remain here, it is not actually the giving of the right to you because you already have it by virtue of your marriage.

I have a meeting now for about an hour. I will be able to reply to any further questions you have after that.

Good luck


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Kind regards,


Tom
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Customer: replied 3 years ago.

Hi, thank you for the answer.


My concern is that, when I spoke to the embassy they said it would not cause me problems, and also said if I didn't want the passport with the error they made, I should pay for a new passport with a different number. I dont want to get a new passport because the one I have now has the details of my previous one( which I have the family permit visa), nevertheless, do you still think if I just send this passport without mention the error to the home office, this would cause me problems? or is just better if I get a new passport, then would I have to send the three of them to apply for my visa?


 


 

Hi,

I just think it's best that you get something in writing. They may have said that to you but it's not in documentary form (ie. in writing), so you have no evidence to produce to the UKBA that you have noticed and attempted to rectiofy the error.

If you send the passport as is, then you may be okay, but you may not depending on whether they pick up the mistake or not.

Personally, I think it would probably be best for you to apply for the mistake to be remedied and then apply after that.

Please remember to rate my answer.

Kind regards,

Tom

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