Re: right of free movement

Well, I don't think that is a big secret. And I am sure the EU commission would go after them, if they didn't have a much bigger problem with Ireland. Your case is just an big inconvenience and a scare, because in the end you can go on holiday, and they would not dare to refuse you entry (because that would get the commission really pissed). So there are certainly some minor issues in the implementation, but looking at the bigger picture the UK is trying to conform pretty well. They even try hard to stick to the 6 months rule. In Ireland on the other hand people are just plain refused their papers for no reason, and the 6 months are more like a minimum waiting time.

Anyway, if you have an idea where to complain, I would certainly back you up. Unfortunately my MP is a populist, and as such not bothered with immigrants.

 

Re: right of free movement

Yeah - probably true. But I refuse to feel happy about it. ;-)
I don't see any reason whatsoever why it should take 6 months to determine whether a woman I've been married to for 11 years and have two children with is really married to me. Given the documentation we provided, this should take them about 5 minutes to confirm. For the remaining 5 months and 30 days, our application collects dust - and that's what I'm angry about.
I realize that there are difficult cases, and I realize that the UK may wish to look into these in more detail - but come on, the large majority of cases are likely to be quite simple. And it only takes so long because they are disorganized, inefficient, indifferent and complacent.

A petition to the European Parliament is the only thing I can currently think of. It will be a joint petition with another easyexpat member who has been waiting for more than six months and who has received blatantly wrong information (lies?) over the phone from the HO. I'm currently collecting further evidence to support the case that mis-information and non-information in effect leads to an infringement of the right of free movement of applicants. This part of the petition is more of a complaint than a legal case. If you can contribute any suitable input to this, you're very welcome to join!
Sebastian

 

The bunch of highly efficient "experts" at the Home Office have spoken: my wife is apparently really my wife and therefore deserves a residence card.
We received her passport back today - almost eight weeks after we informed the HO of a medical emergency in the family and asked for an expedited processing of her "application".

Total waiting time: 3 months and 15 days. Better than for many others, I know. But still a disgrace.
Sebastian

 

eea2 appliaction time is over

Hi all,

after making an appliaction on eea2, 6 months passed (tomorrow will be 6 months).

I am going to write a complaint letter to home office.Which informations I should write down on the letter? does anyone has a sample complaint letter?

thank you

 

http://www.ukba.homeoffice.gov.uk/sitec ... tsform.doc

I submitted my EEA2 application October 31,2007. They received the application on the next day. It is still "awaiting consideration". They make it sound like they are actually working on something.

My 6 month deadline is in 2 days and the only thing to do now is complain! Had I known it would be SO MUCH quicker to make a joint EEA1/EEA2 application I would have. But it makes me wonder, if they can process those applications so quickly at that end and are so slow at the EEA2 end, then maybe they need to reshuffle some resources.

It's ridiculous! I was expecting a max wait of 4 months after first reading some posts a while back.

The system is just simply retarded!

 

Well i have sent off mine and my wife's documents as a joint application on september 22nd 2008. received coa after 1 week. so today it has been 6 months since i applied. The thing is that i am sure that they are still not considering it as i have my passport. I've sent certified copy of my passport. So not sure what to do. Bit confused. Shall i send my passport ? god knows. Still some people wait over 7 months. But i feel as if its not going to go nowhere unless ill let them know about 6 month rule? what u guys think?

 

Hello,

here is my situation: i am an american and my wife is an italian. I was granted the 6 month temporary residence after filling out the vaf5 jan 10, 2010. I have been living in the uk since jan 2010. I was delayed in sending the eea2 application until i had a financial situation that was suitable for the eea2. I completed and sent the eea2 form april 28, 2010. It is now may 25, 2010 (nearly a month) and i have not received any notification from them regarding my application.

I have two questions:

1. How can i receive information about my application (i tried calling.. No luck)? How can i get a confirmation of it if they have not yet sent it? Can i register a complaint? What is the speediest method here?

2. I need to travel two weeks in july. This will be outside of the six months granted by the vaf5 form (which expires on june 10, 2010). Assuming i am able to get my passport back temporarily from the eea2 process, will i be able to re-enter the uk?

Thank you so much in advance.

 

Hi elyo123,

i sent in my application on 9th april 2010 and received a response from them on 24th may 2010. I was able to call and speak with them twice, the 2nd call was made on 23/05/2010 and i was informed that my letter was posted on 20/05/2010. The 1st time i got through to them, i was told that they had a 6 wks backlog on sending the letters of notification.

I admit that i tried at least 7 times before i was put on hold to speak with a member of staff, and had to wait for between 15-20 mins before i was able to speak with anyone. I would suggest that you try calling them again to confirm that they have received your application.

I think that if you leave the uk after your visa has expired and before receiving the eea2 residence card, you may have to apply for another eea family permit to re-enter the uk.

Hope this helps. Good luck with your application.

 

1. 0845 010 5200, option 1 then option 2. I have only called after receiving a letter from the Home Office that states my "case ID". You probably don't have a case id so you may have difficulty getting the agent to locate your case. Also, when I applied for the EEA2 Res Card, I learned I could enclose a prepaid envelope and request that the passport(s) be sent back immediately when received by the Home Office, in order that I may travel abroad while the case is processing. (I did this, and they sent the passports back so that I could travel. They sent a subsequent letter requesting my passport and some additional documents for my case, which I sent to them on April 16, 2010). If you did not do this, you may have more difficulty than I did in getting them to send your passport to you quickly. However, if your visa expires in June it might not be worth bothering.

2. If you travel outside the UK (with your passport of course) and the visa is expired, I agree with Rica that you will probably need to get a new visa to re-enter the UK. Ideally you should have applied EEA2 right when you entered the UK. To be safe you may need to stay in UK while your EEA2 is processed. I am going through the same hand-wringing issue myself. I have had to cancel some travel plans and lose money on flights. Maybe the phone number above will help you get some answers, but you should know that it has been 6 1/2 months since I applied and I'm still waiting! See more details about my issues in this discussion thread: post56971.html

 

Hi all,

which phone number are you guys calling to get info on your application? My wife applied for a eea2 permit about a month ago and we haven't yet received a "confirmation of reception" letter.

I tried the number they advertise (0845 010 5200) but there's a recorded message saying that they can't comment on applications made in the last 6 months.

Any help greatly appreciated.

James

 

Hi james26,

i got the same response many times, that's why i said i tried calling the number - 0845 010 5200 - over 7 times! Just keep calling, using option followed by option 2, eventually, you'll get through to a waiting line. All the best!

 

That should have been option 1 followed by option 2!

 

Thanks rica !

 

Here is our time line on EEA2 application just to give people an idea.

Nov 2009 EEA1 issued in Embassy in Madrid
13 Nov 2009 enter UK
3 Dec 2009 send off application for EEA2 - requesting passports back to allow us to travel in the meantime.
March 12 2010 - receive urgent request for further confirmation that I am exercisinf my treaty rights on the UK and further proof we live together whilst residing in Spain.
1 April 2010 - return passports and all necessary documentation to UKBA.
13 May 2010 - EEA1 vis in my passport expires
31 Aug 2010 - having heard nothing from the UKBA since April we send additional documents to inform them of our new jobs and contracts etc. as extra support for our application.
13 Sept 2010 - email official complaint form to the UKBA and also contact my MP to get them to follow up matters stating the illegalilty of time delay and teh restriction to my husbands right to freedom of movement as the process having now taken 9 months!
21 Sept 2010- receive letter in post dated 16 Sep 2010 apologising for delay informing me the case has been concluded and my documents will be returned to me.
22 Sept 2010 - documents returned to me. But they indavertantly forgot to return my passport and have instead issued the residence document on a piece of A4 paper ( WTF?? are these people muppets?)
22 Sep 2010 - return the residence document and request they place it in my passport and return my passport to me prpmptly.
...... awaiting return of passport sigh!

so all in all nigh on ten months to get the EEA2 processed and even then the didnt get it right.

My advice is to right and complain to UKBA and also contact your MP as soon as the 6 month waiting period has been passed. Hopefully they wont mislay your passport and issue your residence documents on a pieve of A4 paper.