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 Family Permit soon to expire and No answer from FMRS

Forum General British immigration issues, visa, citizenship, EEA forms, marriage and dual nationality discussions.: General British immigration issues, visa, citizenship, EEA forms, marriage and dual nationality discussions.

Postby Triple H » Wed Aug 30, 2006 12:46 pm

Please TripleH and Polska, would you let me know according to your experience?


Personally I dont have experience,I am British.

Another question, I applied 2 months ago for FMRS, my Family Permit will expire at the end of sepetember, I am working on a contract that will be renew only if I can prove I have legal status to work and live, What should I do to prove my status if I donte get an answer before that date?


Did you get letter of acknowledgement.?
By the law they have to answer within 6 months,you are legally in the country while your case is under consideration.
You have to explain employer your situation.
Last edited by Triple H on Wed Aug 30, 2006 1:17 pm, edited 1 time in total.

Triple H
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Postby Triple H » Wed Aug 30, 2006 1:22 pm

I am quite desperate because of my Employment situation, I’ve been thinking that if I don’t get my passport I may give my employer the telephone number for IND Employers line and see if that can help me in the mean time.



Ask HO to send you acknowledgment letter.
Yes, it can take 6 months.We had people here that got residence in 3 weeks,mind you there were some waiting close to 6 months.



P.S Read this thread,that was last year,you`ll get an idea.@

http://www.easyexpat.com/forums/ftopic_5485.htm

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Postby littlegreenman » Wed Aug 30, 2006 2:32 pm

Hi!

If you go to the following website of the IND and scroll all the way to the bottom you can see which applications they are going through right now from EEA1 to EEA4 in order.

http://www.ind.homeoffice.gov.uk/applyi ... unationals

I hope that helps. Cheers!

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Postby PrincessPeach » Sun Apr 15, 2007 10:33 pm

lindanirvana wrote:Thank you

however, my application is for a Residence Stamp on FMRS.

Linda


The Family Member Residence Stamp always seems to fall through the bureaucratic cracks. I assume not many people apply for them, and so there is never much info on them.

If it helps, we've been waiting nearly 6 months too.

Did you eventually get yours? How long was it valid for?

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FMRS

Postby PrincessPeach » Tue Apr 17, 2007 8:05 pm

Thanks for the advice lindanirvana. It's so hard to find any info on this anywhere. I keep having panic attacks that I might have to cancel more holidays because I won't be able to reenter to UK and work. Based on your situation, I am hoping it might be ok for me.

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Postby Dawid » Wed Apr 25, 2007 3:54 pm

my wife visa has finished last march and we sent for fmrs on january the 19th and we recieved the aknowledgment letter from HO but until now i didnt hear from them i am really worried and i have canceled many holidays

is there a chance of refusing which might have caused the delay

dawid

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Postby PrincessPeach » Wed May 09, 2007 6:46 pm

Dawid, it's hard to tell. I tend to think anything is possible with the Home Office.

I am now at 6 months and 1 week. Last week I decided to send a 'reminder' letter, so they know that I still exist. Today (on the phone) I confirmed that the case manager has received it.

I recall someone mentioning (probably on another thread), that there is an EU body that oversees EU applications and that it is possible to ask them to inquire once the 6 months has elapsed.

Does anyone know whether this exists? If so, I would appreciate the details.

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Postby Dawid » Wed May 09, 2007 8:16 pm

well thanks a lot

its really making me worried as i want to go to poland in june for my cousin's wedding and i dont have the passport
anyway i will give them a call to make sure everyhing is fine

thanks mate

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Postby PrincessPeach » Wed May 09, 2007 9:03 pm

Sorry... don't mean to be a downer. I definitely understand your frustration. Fingers crossed for you, mine is a rare case :)

oh, there is one thing you can do (but definitely get advice on this)....

If you go out of the country, you may be able to apply for EEA family permit at British Embassy in order to come back in and work. It just depends on the embassy in the country you are visiting. There are all these disclaimers about no guarantees, but that may be a solution for you.

I was looking at this alternative as we wanted to go home for a wedding in December this year but by then I should have an application for a residence card in place. I don't want to run the risk of jeopardising that process.

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Postby Dawid » Thu May 10, 2007 6:58 pm

thanks for your response


i am polish i can go without problem
my wife isnt comingwith me but if i apply for my passport i will cancel the application and so she needs to go back cus then her status will illegal in the country

anyway thanks

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Postby PrincessPeach » Thu May 10, 2007 9:57 pm

I believe it should put the application 'on hold' only. But as I always say, double check that :).

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Postby Dawid » Sat May 12, 2007 12:09 am

thanks
i guess u r right

anyway i wish the passport comes quickly and feel relax about this situatioin

thank you

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Postby Chelley » Mon May 21, 2007 7:15 pm

I was just reading your thread and thought I could share my own knowledge from my experience and ask for some advice...

I'm American and my husband is Polish. I came to the UK on an EEA Family Permit and got a job immediately. My husband registered for the Worker Registration Scheme (what a joke!) and we sent off our documents for the gruelling 6 month residence stamp application.

So you know... you ARE allowed to remain in the country and continue working even after the Family Permit expires. As a spouse of an EU citizen you are "exercising your treaty rights" and are fully legal in the UK.

So... it took the full 6 months for my application. It took them 6 months to reject it infact! (I can't believe they held on to my passport for all that time just to reject me... ) They rejected my application on the grounds that my husband changed employers and this left his Worker Registration Scheme certificate invalid.

The letter I received from the home office advised me to have my husband re-register and then I can re-apply. (The catch-22 is.. my husband has been working for the new company for several months now and you can only register on the WRS within your first month of employment).

MY QUESTION IS:

Being that I refuse to subject myself to another 6 long unfair months without my passport... I really do not want to bother with a residence stamp. The problem is... not having the stamp can cause a problem when I leave the country and try to re-enter... SO... DOES ANYONE KNOW IF YOU CAN LEAVE THE COUNTRY AND APPLY FOR A SECOND EEA FAMILY PERMIT TO RE-ENTER THE UK WITHOUT HASSLE?

Sorry for the long-winded post... but I really need help. All this red-tape is killing my health!

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Postby meli » Mon May 21, 2007 7:51 pm

Hi Chelley,

thanks for your comment, it just answered my "worries". So they keep refusing on fact that the WRS is invalid. Well I was just wondering what if the EEA partner is pregnant and cant work or is impartial does it mean this people cant execute the free movement rights in case they have sufficient funds ??..is it not discrimination ?
I would say the same apply for your partner he can be without work and he can change his work anytime he wants, if he is not make recourse to public funds.
Again is it not the discrimination that the job has to be kept for 6 months just because they cant decide earlier ? Whose fault is that ? How can they force people to stay in the same job ?? Human rights again ...

After all what WRS is for? With or without it the right for free movement is guaranteed (same for spouse ) .


And to your question .. I think you can try to apply for second family permit from outside but did the home office made any stamp/note in your passport for rejection of FMRS ? In such case eco- worker would forward the application to UK and it can take up to 6 months . (basically 6 months ).

So I am not sure what would be the best option ...maybe appeal ?

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Postby Chelley » Tue May 22, 2007 12:22 pm

meli wrote:Hi Chelley,

thanks for your comment, it just answered my "worries". So they keep refusing on fact that the WRS is invalid. Well I was just wondering what if the EEA partner is pregnant and cant work or is impartial does it mean this people cant execute the free movement rights in case they have sufficient funds ??..is it not discrimination ?
I would say the same apply for your partner he can be without work and he can change his work anytime he wants, if he is not make recourse to public funds.
Again is it not the discrimination that the job has to be kept for 6 months just because they cant decide earlier ? Whose fault is that ? How can they force people to stay in the same job ?? Human rights again ...

After all what WRS is for? With or without it the right for free movement is guaranteed (same for spouse ) .


And to your question .. I think you can try to apply for second family permit from outside but did the home office made any stamp/note in your passport for rejection of FMRS ? In such case eco- worker would forward the application to UK and it can take up to 6 months . (basically 6 months ).

So I am not sure what would be the best option ...maybe appeal ?


Wow... that's a unique situation you are in. Do you already have the Family Permit? If you already have the Family Permit you don't have to have the residency stamp so really no one is going to know that your spouse is not working so it doesn't matter.

I'm not going to appeal. I can't deal with the home office. They are useless. I'm going to try for another family permit from outside and if they don't give me that... I wil just travel carrying my marriage license and all my other evidence. I can't imagine that they would send me away!

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