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EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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marilin
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by marilin » Tue Oct 07, 2014 1:11 pm

barin wrote:@ marilin i just want to know how far with your appeal it is more than 90 days already
If we count from the date when decision has been made by the judge-27.06,it should be 27.09, but according to their records,they're counting from the 10.07,so the very deadline should be 10.10.
I called them yesterday and they said that the internal checks have been requested on 29.09, and I have no idea what that means.Does anybody know? Also I asked to refer me to a manager and they took my number and said they'll call me back by the end of the week.. Well,they should issue me a RC by the end of the week, not just call!

barin
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by barin » Tue Oct 07, 2014 6:09 pm

Hopefully your RC is issued on time by his grace! My case is similar to yours too, my appeal was allowed on the 22nd of july 2014 and call HO weekly which i was told to wait till after 90 days which 22nd of october 2014.. Fingerscross

helba2
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by helba2 » Tue Oct 07, 2014 8:14 pm

barin
Can you send me HO's number plz?
my appeal was allowed on 8/8 i sent email to HO last week but they did not reply :cry:

barin
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by barin » Tue Oct 07, 2014 9:33 pm

helba2 wrote:barin
Can you send me HO's number plz?
my appeal was allowed on 8/8 i sent email to HO last week but they did not reply :cry:




HO number 03001232253

Rocknahardplace
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appeal was allowed 16/7/14

Post by Rocknahardplace » Wed Oct 08, 2014 10:02 pm

hello all.
my appeal was allowed in mid july, i have contacted my local mp as well, however, my wife is now no longer a student and is currently in her home country. i have mentioned this to the MP and given her the reasons as well.
now can the UKBA still refuse me an eea2 even after my appeal has been fully allowed by the judge?
can they ask me how my wife is exercising her treaty rights??

i still have comprehensive insurance but dont know how much money i need to show in my wife's account to show we are self sufficient.. scared as hell..

they say i will hear something within this month though. they replied to my MP saying a decision will be made in 28 days but im still scared....



applied - 31/12/12
refused - 10/10/14
appeal - 15/07/14 (fully allowed)
RC - ????

dalebutt
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by dalebutt » Wed Oct 08, 2014 10:15 pm

Appellants time and again have allowed UKBA to dictate the time frame for making EEA decisions outside of the discretion available to them, Judicial Review is there for a reason. The department attitude is beyond annoying.

Rocknahardplace
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Re: appeal was allowed 16/7/14

Post by Rocknahardplace » Thu Oct 09, 2014 12:45 pm

Rocknahardplace wrote:hello all.
my appeal was allowed in mid july, i have contacted my local mp as well, however, my wife is now no longer a student and is currently in her home country. i have mentioned this to the MP and given her the reasons as well.
now can the UKBA still refuse me an eea2 even after my appeal has been fully allowed by the judge?
can they ask me how my wife is exercising her treaty rights??

i still have comprehensive insurance but dont know how much money i need to show in my wife's account to show we are self sufficient.. scared as hell..

they say i will hear something within this month though. they replied to my MP saying a decision will be made in 28 days but im still scared....



applied - 31/12/12
refused - 10/10/14
appeal - 15/07/14 (fully allowed)
RC - ????

anybody know what i should do in my case???

Rocknahardplace
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Re: appeal was allowed 16/7/14

Post by Rocknahardplace » Thu Oct 09, 2014 12:45 pm

Rocknahardplace wrote:hello all.
my appeal was allowed in mid july, i have contacted my local mp as well, however, my wife is now no longer a student and is currently in her home country. i have mentioned this to the MP and given her the reasons as well.
now can the UKBA still refuse me an eea2 even after my appeal has been fully allowed by the judge?
can they ask me how my wife is exercising her treaty rights??

i still have comprehensive insurance but dont know how much money i need to show in my wife's account to show we are self sufficient.. scared as hell..

they say i will hear something within this month though. they replied to my MP saying a decision will be made in 28 days but im still scared....



applied - 31/12/12
refused - 10/10/14
appeal - 15/07/14 (fully allowed)
RC - ????

anybody know what i should do in my case???

marilin
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by marilin » Fri Oct 10, 2014 11:48 am

@Rocknahardplace I don't see why you should do anything.Your appeal has been allowed and if HO didn't challenge the decision,they should issue you a RC. Well,that's what I've been told by my solicitor anyway,when I asked if there would be any problems.. Because I'm outside of 90 days wait at the moment,and can't stop worrying myself..
I called them today again and they told me that I'm "at the top of the queue",and that it has been passed to a case worker and "the decision will be made on Wednesday-Thursday next week"
And I should receive it within 3-4 weeks
It's all really frustrating,but I guess I should just wait and call them few times a week.
Anyone here who's waiting after the appeal for over 3 month?

Rocknahardplace
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by Rocknahardplace » Fri Oct 10, 2014 12:09 pm

marilin wrote:@Rocknahardplace I don't see why you should do anything.Your appeal has been allowed and if HO didn't challenge the decision,they should issue you a RC. Well,that's what I've been told by my solicitor anyway,when I asked if there would be any problems.. Because I'm outside of 90 days wait at the moment,and can't stop worrying myself..
I called them today again and they told me that I'm "at the top of the queue",and that it has been passed to a case worker and "the decision will be made on Wednesday-Thursday next week"
And I should receive it within 3-4 weeks
It's all really frustrating,but I guess I should just wait and call them few times a week.
Anyone here who's waiting after the appeal for over 3 month?

thanks a lot for the update man, as I'm sure you can understand, the situation is getting really frustrating now..
i did speak to them they said they are pulling my file out of storage today..
lets see what happens.. hopefully we get some good news..

Rocknahardplace
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by Rocknahardplace » Mon Oct 13, 2014 4:23 pm

@marilin

any news yet??
i spoke to someone today who said my final checks are being conducted right now, and i should receive my final decision within 2 weeks, so i am just waiting now..
this is going to be a long 2 weeks..

helba2
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by helba2 » Tue Oct 14, 2014 9:59 pm

barin wrote:@ marilin i just want to know how far with your appeal it is more than 90 days already
Did u receive ur RC?

Sevenjack
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by Sevenjack » Wed Oct 15, 2014 10:18 am

Good morning,

I came to the UK as a Russian Citizen (even if with an unlimited Schengen residence permit) with a EEA family permit as my unmarried partner is an Italian Citizen.

She is working for a company based in Italy, so she doesn't exercise the treaty rights to work in the UK (as written in my letter of refusal reason).
We also got more then £ 5,400 on our bank accounts.

After my first month of stay in London, I found a job with a salary of £ 15,350 per year, with a regular contract Agreement, that I attached to my EEA2 residence card application.

Now I got fired because the company where I worked failed and closed down, but few weeks ago me and my collegue decided to open a trade company to continue the work made so far.

What should I do now? Make an appeal for the EEA2 Residence Card or apply for another type of Visa?

I received the refusal letter on the 27th September, while the date on the documents is the 12th.

We both have an Italian Health Insurance Card (Carta dei servizi sanitari Europea) and the NHS registration number here in the UK.
We both have a UK bank account. We both provided evidence of our works (her work in Italy with an employee contract and an employer's letter as a reference) - (my work in the UK with my job contract and all the references).

The reason written on the refusal letter is the following: "Upon assessing the employer letter the Secretary of State has undertaken various checks to verify the employement, but has been unable to do so for the following reason: The company your EEA family member claims to work for is not based within the United Kingdom
Due to the reason noted above therefore unable for the Home Office to grant a Residence Card as the EEA national is not excersing treaty rights inside the United Kingdom. The Home Office does not deem it viable that the EEA national could reside inside the United Kingdom but also work 40 hours a week outside of the United Kingdom in Milan, Italy.
Whilst every attempt has been made by the UK Border Agency to establish your EEA family member's employement the burden of proof rests with the applicant to provide such evidence and you have failed to do so.
It is therefore concluded that you have failed to provide sufficient evidence to demonstrate that your EEA family member is currently a qualified person in the United Kingdom as a worker, as detailed under Regulation 6 of the Immigration (EEA) Regulations 2006."

What I can't understand is that on the form of the EEA2 Residence card application there was written that the EEA member can provide just the evidence of a job-seeker of self-sufficient person and we provided also all our bank statement, both British and Italian, and there are enough funds to provide for ourselfs for at least 6 months.
Here is what is written in the EEA2 form:

"YOUR RIGHT TO RESIDE IN THE UK
The non-EEA family members of an EEA national have a right to reside in the UK if
their EEA national family member has a permanent right of residence or is exercising
a Treaty right in one of the following ways:
• Worker
• Self-employed
• Student
• Economically self-sufficient (including retired people)
• Jobseeker
• Temporarily incapacitated"

Do you need to know any further information to give me an advice? I can provide anything you need, or if you can just tell me to who should I talk to ask to RECONSIDER just the answer, without appealing, as probably I can't do an appeal as I have to do that in 10 days after the date of the decision, which is the 12th September on the letter, but I received the envelop on the 27th September (without any prints or evidence that they just delivered on this date, and without any my sign for the receival, as I suppose should be).

I submitted the appeal and they already received the payment online for an oral hearing, with all my reasons and explanation for the delay (as I received the envelop only on the 27th September, submitted the appeal on the 1st October, even though the date on the refusal notice is the 12th September). As my tenancy agreement ends on the 22nd October, now I need to know how long will it take to have an answer from the Tribunal and for the oral hearing as I need also to understand if I have to extend my rental or to buy tickets to come back to Italy.

Does anybody know which would be the ETA for an answer??

Thanks

Evgeny

dalebutt
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by dalebutt » Wed Oct 15, 2014 11:48 am

Does your partner lives full time in the UK? Or he works in Milan and returns to the UK? Where is the company registered? To which country does he pay his taxes?

Sevenjack
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by Sevenjack » Wed Oct 15, 2014 12:48 pm

My partner is working for a social media sevice company called Zodiak based in Milan, so she can work also on her computer in every different country in the world. What I can't understand is that I paid already more then 1,500 £ of taxes to the UK tax office that my payrolls can prove in these months that I stayed here and worked.
Now I'm continuing working and I paid also more taxes also related to the VAT paid that is more then £ 7,000 now.

I paid for the appeal now which I submitted on the 1st October 2014. How much time will it take to have an answer as my EEA1 family permit expired on the 17th August 2014 and I don't want to have an overstay of too many months.

Please let me know if you have this information.

Thanks in advance.

dalebutt
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Joined: Wed Jul 20, 2011 9:48 pm

Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by dalebutt » Wed Oct 15, 2014 2:12 pm

Don't worry about the expiry of your family permit, it would not affect your right to stay here, you will need to purchase a comprehensive sickness insurance (CSI) that covers all you and your partner, and you need to show the UKBA that you and your partner have enough funds so as to not be a burden on the state, I suppose if your partner is working, his wages should be enough.

Sevenjack
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by Sevenjack » Wed Oct 15, 2014 5:52 pm

I already have an Italian health insurance card (which is also European), an NHS number and a NIN. Now I have to make also a CSI?

I just want to know what can be real appeal timeline as I need to know when I can go back to Italy for work, as I quite urgently need to do so (and I suppose that if I leave London and the Country, I can't come back without another visa).

Probably if the timeline for the appeal will take too much time (as I saw from the previous posts that for someone it took also more then 6 months) I'll re-apply for another type of Visa from Italy. It will be much easier and faster probably.

dalebutt
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by dalebutt » Wed Oct 15, 2014 5:55 pm

Appeal could take anything between 2 months and 7 months in London, if you carry on with the appeal, you will not succeed without providing a CSI and a bank statement which shows you have enough money to live on.

Sevenjack
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by Sevenjack » Thu Oct 16, 2014 9:06 am

I have more then £ 5,000 pounds on my bank account, now I'll request the CSI number. Anyway, in this period of 7 months have I the possibility to continue working with a regular contract with my NIN number?

Rocknahardplace
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by Rocknahardplace » Thu Oct 16, 2014 9:51 am

Sevenjack wrote:I have more then £ 5,000 pounds on my bank account, now I'll request the CSI number. Anyway, in this period of 7 months have I the possibility to continue working with a regular contract with my NIN number?
I think if you are allowed an appeal, you can also work till the time your appeal goes through and a final decision has been made on your application.

thats what happened in my case, when my employer asked to check my work status it said i can work till a final decision has been made on my file.

Sevenjack
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by Sevenjack » Thu Oct 16, 2014 10:53 am

Thansk for your help! Anyway, did you receive a letter when they accepted your appeal or an e-mail?

marilin
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by marilin » Fri Oct 17, 2014 2:33 pm

I got my RC today!
After a numerous calls and emails,reminding them that it's been 3 months I finally got it!
So here is my timeline:
EE2 application- 09/13
Refused:10/13
Appeal: 17/06/2014
Appeal allowed: 27/06/14
Refund of fees(140 GBP): 22/07/14
RC issued:11/10/14
RC received: 17/11/14

They posted it with 2nd class recorded. However the postman just dropped it through the letter box,and didn't request the signature...

Good luck to everyone who's still waiting!

zusman
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Pakistan

Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by zusman » Fri Oct 17, 2014 2:54 pm

[quote="marilin"]I got my RC today!
After a numerous calls and emails,reminding them that it's been 3 months I finally got it!
So here is my timeline:
EE2 application- 09/13
Refused:10/13
Appeal: 17/06/2014
Appeal allowed: 27/06/14
Refund of fees(140 GBP): 22/07/14
RC issued:11/10/14
RC received: 17/11/14

They posted it with 2nd class recorded. However the postman just dropped it through the letter box,and didn't request the signature...

Good luck to everyone who's still waiting![/
quote]
Hi can you please state the email address you used to contact home office?
My 6 months has been finished 2 days back but did not receive any reply.dont know what to do??

barin
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by barin » Fri Oct 17, 2014 9:01 pm

marilin wrote:I got my RC today!
After a numerous calls and emails,reminding them that it's been 3 months I finally got it!
So here is my timeline:
EE2 application- 09/13
Refused:10/13
Appeal: 17/06/2014
Appeal allowed: 27/06/14
Refund of fees(140 GBP): 22/07/14
RC issued:11/10/14
RC received: 17/11/14

They posted it with 2nd class recorded. However the postman just dropped it through the letter box,and didn't request the signature...

Good luck to everyone who's still waiting!
Congratulations! Hopefully i receive mine soonest too

helba2
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Re: EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Post by helba2 » Sat Oct 18, 2014 9:37 pm

marlin wrote:I got my RC today!
After a numerous calls and emails,reminding them that it's been 3 months I finally got it!
So here is my timeline:
EE2 application- 09/13
Refused:10/13
Appeal: 17/06/2014
Appeal allowed: 27/06/14
Refund of fees(140 GBP): 22/07/14
RC issued:11/10/14
RC received: 17/11/14

They posted it with 2nd class recorded. However the postman just dropped it through the letter box,and didn't request the signature...

Good luck to everyone who's still waiting!
marlin.....congratulations
i hope to get my RC soon BUT i didn't get any letter from HO so i 'm worried when i applied the first app in 2012 my passport retained there
there is no anyone waiting like me i have no patience left :cry:
i didn't receive refund fees yet

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