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✎ EN Residency card delay
    

Discussion in 'Immigration UK' started by peace101, Mar 17, 2008.

  1. peace101

    peace101 Active Member

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    Hi everyone,i'll appreciate any advice from anyone.i've been waiting all these months for a responce from the home office regards the reason why my application for residency card is been delayed,i called my solicitor to urge them cos life's been hell for me and frustration is just an understatement cos i'm just stuck and my life is literally on a standstill.To make matters worse i just lost my dad on sat morning which is a big blow and i'll need to travel back home for the funeral but how?Its always been my fear that anything that will warrant urgent travelling should'nt happen while my application is been delayed, but here i am.I called my solicitor yesterday telling him what happened and the state i'm in so he said he'll need to send a letter but will require the death certificate along with the letter so they can hasten things up.I've ordered for the death cert and they've sent it for me to receive in few days time.HAS ANYONE BEEN IN THIS SITUATION B4 OR CAN ANYONE ADVICE ME ON WHAT TO DO?
     
    #1 peace101, Mar 17, 2008
  2. thsths

    thsths Addicted member

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    How long has it been? The Home Office has 6 months to process the EEA2 application, so unless it is longer, you have very few options. But you know that you can ask for your passport to be sent back without interrupting the application? That is the first thing I would do.

    Now if the delay is significant, you should look at a civil suit (compensation etc). Apply for emergency travel papers, and charge the expenses (plus interest) to the Home Office. Unable to get a job without the residence card? This may be more difficult to prove, but you could claim loss of income.

    Basically you will have to take drastic legal action if you want to achieve anything. Otherwise they will just busy themselves with their bureaucracy and ignore you.

    Tom
     
    #2 thsths, Mar 17, 2008
  3. peace101

    peace101 Active Member

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    Hi mate,I've applied since may 2007 and have been waiting all these while.As for requesting my passport back,i dont think it will be the right option for me as i'm from a non Eu country and my visa was already expired when i applied.Although i was told the expiration of my visa will not pose a problem or would'nt be the reason for the delay.I was sent the certificate of application which has been useless for me and life's just been hell.I've got two kids and my partner's sole income is what we've been struggling on.I dont know why these people are so inhuman.
     
    #3 peace101, Mar 17, 2008
  4. thsths

    thsths Addicted member

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    About the immediate issue: I still think you should ask for your passport back. You have the right to travel even without a residence card! It may be complicated, you have the full protection of European legislation.

    Concerning the delay, it is rather excessive, and I think the time for friendly talk is over. Go to your lawyer, and have him send a letter before action. I have not heard of anybody claiming damages against the Home Office, but I can see no reason why you should not be successful. Just document all the inconveniences and then include them in the damages.

    You also have the right to work, and again it does not depend on your residence card. If someone does not employ you because you do not have a residence card, you should sue them under European equality legislation. This will be a bit more difficult, because the advice given by the Home Office to businesses is wrong, but you do have a case.

    Apart from legal action, you have a number of other options to escalate your case. You should contact SOLVIT, because they should be able to speed up the proceedings, and they can also recommend options for escalating the issue. You can also contact your MP, although the success will depend on how convinced he/she is about your case. The BIA has two complaint units: the customer focus team (supposedly helpful) and a formal complaint unit. The later is useless, but you can at least get your case counted. And finally you should by all means contact the European Commission. They are currently investigating non-compliance with the European immigration law, and they are looking for evidence that demands changes.

    I do assume that you apply as a family member, because the rules for extended family members are slightly different, and they can cause a number of problems.

    Tom
     
    #4 thsths, Mar 17, 2008
  5. peace101

    peace101 Active Member

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    Hi Tom,thanks so much for your advice so far.Yeah i did apply based on the fact that my partner is Italian and we've got two kids,i applied with all the necessary documents, terms and conditions except for my expired visa which i was told should'nt pose a problem under Eu law.My solicitor has written already based on my dad's demise,so i'm just waiting for their responce cos he only sent it on Friday.Tom i do understand all your advice but if i demand my passport back,i think its gonna compound my problem cos (1)my visa is expired(2)i would'nt want to travel home and having problems coming back in to join my family cos bringing my passport back without the residency card is just gonna legthen things and make it worse except they bring it back with the residency card which i dont see any reason they should'nt,What do you think?Well,once again thanks a lot for your help and kindness.I'll keep you updated anyway,stay blessed mate.
     
    #5 peace101, Mar 18, 2008
  6. peace101

    peace101 Active Member

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    Would you believe after all the pressure,my solicitor finally got through to the home office and they asked him to fax my application and some other copies of my documents meaning they've not been dealing with my application.To my own dismay,if i did'nt lose my dad and sent the death certificate to them in other to urge them to hasten up so i could travel back home,i would have just been waiting for ever.Can you see how incompetent they are?Now they have said they will treat it as urgent as they could and we'll hear from them in a short while,how pathetic.
     
    #6 peace101, Apr 1, 2008
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