We receive passports… Hmmm, something is missing?

We receive passports… Hmmm, something is missing?

11-04-2013
No Marriage Certificate, and no Passport for Meliana…

The postman came, and delivered a nice little package this morning.  It was sent by recorded delivery.  However, not all of the documents requested were sent back to us.   This was kind of a p’ss take, considering the amount of reminders I had sent to them.
However, it is clearly the fact that the package was sent due to the emailing to Rob Whiteman.

The email I sent was this (filename: email of 11-4-13 to ukba.pdf)
——————————-
Name, AddressDate: As Emailed – 11-4-13

 

FAO: Rob Whiteman / NWEURO8 Team CC: Nadhim Zahawi (MP) / Paula Scott (Senior Case Worker)

* MP Ref: xx * Home Office Ref: (Its a long reference) –
Dear Sir(s)

I refer to the letter / package which was received by my wife this morning. The package reference number is [code].

The letter was dated 09/04/11. Therefore from initial request for documents to be returned, and the return it has already been over two months!

Today’s package included the following: 1) Passport of Chloe
2) Passport of Wayne 3) Birth Certificate of Chloe 4) Birth Certificate of Charlie

Missing documents: 1) Passport of Mrs MP (in the maiden name of Miss) 2) Marriage Certificate of Mrs MP and Mr WP 3) Letter from employer within the Espoo Institute of Business in regards to Mr W P 4) Various other documents.

I note that in my email dated the 8th February 2013 I specifically requested that my wife’s passport to be returned to allow for my Freedom of Movement under the Directive 2004/38/EC. National law cannot remove my rights, given from this directive, to move freely to another member state WITH MY FAMILY MEMBERS

When are these missing documents due to be returned?

I thought I would take this opportunity to explain the following too (just to clarify, although it is not necessary – I would like to clear up any misunderstandings that may arise: before the fact). I am sure you have seen the “Emergency Contact Details” page of my daughters passport (number xxxx). The name listed as an emergency contact detail is my own name (WP) for the following reason:
My daughter is only three years old. The passport will expire when she is five years old. Our daughter would not be travelling without my wife anywhere that this passport would be used. My wife, MP, is the Primary Carer of the child and will therefore always be present with our daughter. However, I may not be. Knowing that this will be the case, and knowing that my own passport (you have also seen this passport – number …. ) has many alterations to the “Emergency Contact Details” page, we have reserved the space for when the details are required. (you can clearly see that my own passport contact details page is already full – and it is not possible to add additional information). Due to numerous address changes by relatives ETC. In light of the above – It would have been pointless to state my wife’s name on our daughters passport. As in any emergency, my wife would already be with our daughter.

 

Accurate Information – Data Protection Act 1998…

I see that UKBA have still FAILED TO UPDATE INFORMATION about my wife as per the Data Protection Act 1998. All information held MUST BE ACCURATE. You hold inaccurate information in regards to my wife’s identity. As outlined hundreds of times previously to UKBA:

Miss x became MRS x on the 5th December 2011 when she became the lawful spouse of Mr W P at the marriage ceremony held at the [x]

Therefore, in reference to Principle 4 of the Data Protection Act 1998, we once again remind UKBA that information about my wife must be kept up to date and accurate!

Further information on this can be found on the Information Commissioners Website: http://ico.org.uk/for_organisations/data_protection/the_guide/information_standards/principle_4

Should you fail to update your records correctly within the next 14 days and provide a written statement to confirm that your records have been amended to show the correct information, my wife will file a complaint with The Information Commissioner in regards to this.

Hindrance of an EEA Nationals Free Movement under Directive 2004/38/EC.

UKBA are well aware that Mrs MP is the Primary carer for the following British (and therefore also EU) citizens: • WP (myself) • CP • CP
You have failed to return the documents requested. I note that I did not request the documents to be returned once – but I HAVE MADE REPEATED REQUESTS FOR MY WIFES PASSPORT – as you are aware.
There is no reason for UKBA to withhold her passport considering that she is the Third Country National PARENT of a British Child that is clearly dependant upon her by virtue of emotionally, physically and financially.
I know that the reason you intend to withhold her passport and conveniently our marriage certificate is to prevent me gaining employment within Ireland and securing her return to the UK by that means. However, by doing so you (UKBA) are breaching Directive 2004/38/EC in two manners. 1. Meliana is my Primary carer. I am unable to travel without her. Once again I attach my Blue Badge – which as outlined previously – is confirmation that I have severe mobility problems. Confirmation of which can be requested from my GP – in addition to the Local Authority which issued the blue badge. 2. Meliana is the family member of an EEA national. And under EU law, such a family member should not be prevented OR RECEIVE HINDERACE in travelling throughout the EEA with their EEA National family member.
Once again, if you are refusing to release my wife’s passport to her – Please submit this in writing to us, with a detailed reason as to why you are refusing to return her travel document to her. You are aware that she requires evidence of her identification to travel to another EEA member state.
I do not see what the issue is with UKBA in this respect. UKBA have told Meliana in their response to her application for a visa [FLR(M) in 2010] that she is expected to leave the UK. This is what we now intend to do. Clearly UKBA are showing yet further discrimination to my wife by their refusal to return her travel documents.
I once again outline that under United Nations Treaties UKBA (or the UK in any sense) MUST NOT prevent any person from leaving the country. 1. By hindering Meliana’s application for a replacement passport UKBA do this. 2. By hindering Meliana’s application for an entry clearance visa to Ireland UKBA do this.

I outline the attached emails between myself and the Indonesian Embassy in regards to getting a replacement passport for my wife. They outline that she would require her old passport to apply for a replacement. I later telephoned the embassy where the lady explained to my wife that she had two options: 1. Provide the old passport – 1. UKBA are holding old passport, so this is not possible. 2. Report the passport as Lost/Stolen. Provide a police reference number. -=1. This would be a crime – as it would be lying to the police (perverting the course of justice – a criminal offence punishable by a custodial sentence) -=2. Are UKBA encouraging honest citizens to break the law?


Therefore: Obviously both of these options are not currently available. As a result of UKBA failing to provide Meliana’s old passport they are hindering her ability to leave the UK.


2. You will see from the Irish Governmental website that Meliana is expected to hold a current national travel passport which is valid for longer than 12 months. http://www.embassyofireland.co.uk/home/index.aspx?id=33732

See D Class Visa. I also attach “Visa Join Spouse (EU National).pdf” which highlights the requirements to gain entry clearance to Ireland – and to which I now refer:

1. online sheet – easy. 2. Passport – Valid for 12 months unable to provide as UKBA will not release old passport = Hindering of Free Movement. 3. Passport photo – easy 4. Evidence of permission to remain in UK – easy: Ruling on case C-34/09. Although the Metock case also removes the requirement of previous legal residence within the member state that application is from. 5. Original marriage certificate: UKBA withheld this document, HOWEVER, EASY – Genuine Copy obtained from Church Registry. – Note Only the original register holds the “Original” document. All other copies given to people are just “CERTIFIED COPIES”. 6. Spouses passport – easy now, along with passport of children – who are also EEA citizens. 7. Easy on two counts: = 1. Self employed photographer, web developer, and programmer. = 2. A letter from employer with invitation to come and work from them in their business. 8. Envelope: easy.

As you can see from the above – the only hindrance to my free movement is the refusal of UKBA to provide my wife’s now expired passport.

I cannot travel alone. I require my primary carer to accompany myself. Therefore: Release the documents that you are ILLEGALLY withholding.


Obviously though, Should you wish to withhold my wife’s passport now, we would expect a written explanation for this detailing the grounds for withholding the travel document and outlining your reason for preventing my wife from leaving the UK contrary to United Nations convention treaties.

Yours, Mr W

==========================================================================================

Subject: FAO: Rob Whiteman – UKBA. – Various Complaints
From: Me @ Mine
To: [email protected]; [email protected]; [email protected]; [email protected];
Cc: [email protected]; [email protected];
Bcc:
Date: Friday, 12 April 2013, 0:35
Name and Address
Date: As Emailed – 11-4-13
FAO: Rob Whiteman / NWEURO8 Team CC: Nadhim Zahawi (MP) / Paula Scott (Senior Case Worker) / Finnish Solvit
* MP Ref: xxx * Home Office Ref: (Its a long reference)
Dear Sir(s)
I attach a number of files to this email. Please review the following file ’email of 11-4-13 to ukba.pdf’ for the contents of my message.
In addition to this file, I attach
  1. a copy of my Disabled Persons Blue Badge
  2. a copy of emails between myself and the Indonesian Embassy about renewing my wifes passport
  3. a copy of emails between myself and the Irish Embassy about entry to Ireland to work
  4. a copy of the Irish Entry Clearance visa requirements.
I look forward to your response, as I am sure you look forward to my further messages 🙂
Yours,
Mr W

================
Come Five PM after this chase up, I sent them a nice message, chasing them again….

Subject: Re: FAO: Rob Whiteman – UKBA. – Various Complaints
From: ME @ MINE
To: [email protected]; [email protected]; [email protected]; [email protected];
Cc: [email protected]; [email protected];
Bcc:
Date: Friday, 12 April 2013, 17:13
Name and Address
Date: As Emailed
FAO: Rob Whiteman / NWEURO8 Team CC: Nadhim Zahawi (MP) / Paula Scott (Senior Case Worker) / Finnish Solvit
* MP Ref: x * Home Office Ref: (Its a long reference)
Dear Sir(s)
I am still awaiting a response to my previous five messages addressed for the attention of Rob Whiteman. I reitterated my complaint to UKBA with a rather lengthy – and detailed letter 10th April 2013, and also again on my letter dated 11th April that was emailed slightly past midnight on the 12th April 2013 (Today). I note that it is now past 5pm, and I have had no response from yourselves via email, telephone or any other form. With the lack of other written correspondance to my complaints I therefore assume that once again my messages have been completely ignored – yet again.
I understand that Rob Whiteman would be a busy man. However, this is his job. This is the position he accepted as his career. Ultimately he makes decisions that affect many family’s who reside within the United Kingdom – on behalf of the Secetary of State for the Home Department.
I would think that with the numerous failures to respond to my messages, that the man would be able to make five minutes to write a quick email. Or even take five minutes to give instruction to his secetary. Instead of the complaint being refered back to the department of which the complaint is regarding!
Your’s
Mr W P

========================
WITHIN FIVE MINUTES:
========================

Subject: RE: FAO: Rob Whiteman – UKBA. – Various Complaints
From: Whiteman Rob (Submissions) ([email protected])
To: ME @ MINE; [email protected]; [email protected]; [email protected]; [email protected];
Cc: [email protected]; [email protected];
Bcc:
Date: Friday, 12 April 2013, 17:18

Mr P

 

I can assure you that this office is making extensive enquiries into your case. We have as you state, received numerous emails from yourself and we are working through them and through the history of your wife’s application. We will respond to you next week and I thank you for your patience in this matter, to enable us to adequately respond

 

Kind regards

 

Sanaya Setna

Assistant Private Secretary to Rob Whiteman Home Office 1st Floor Seacole, 2 Marsham Street, SW1P 4DF

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