EEA4 Permanent Residence - Waiting time

suparka · Post by **suparka** » Mon Apr 27, 2009 7:37 pm

Hi,

I submitted my PR application form 6 months ago. I phoned HO a week ago and today.

I got two different answers:
The first one said that applications will take 6-8 months to complete.
The second one said it could take up to 11 months.

Since they have to make a decision within 6 months, can this be enforced somehow?

I hired a solicitor to handle my case, he does not seem to be doing anything proactively.

What is the point in hiring solicitors if the legal requirement (6 month response)is not enforceable?

Thanks

Eric-Poole · Post by **Eric-Poole** » Wed Apr 29, 2009 10:09 pm

Article 10 of EU directive 2004/58/EC specify that your application SHALL be processed no later than 6 months:
â€œThe right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called â€œResidence Card of a family member of a European Citizenâ€

Eric-Poole · Post by **Eric-Poole** » Fri May 01, 2009 7:17 am

2 days after writing to my local MP, I received a letter confirming that he had referred the matter to the Chief Executive of the Immigration and Border Agency. At the moment the UKBA is closing a blind eye on the matter, if everybody on this board who does not get his/her application processed within 6 months refers the matter to his/her local MP, this will force the UK government to look at the matter.

Here is a link to find your local MP:
http://findyourmp.parliament.uk/commons/l/

Cheers. Eric

______________________
Act on EEA residency application delays by signing the petition:
http://petitions.number10.gov.uk/EEA4-Residency/

thsths · Post by **thsths** » Fri May 01, 2009 8:27 am

Eric-Poole wrote:2 days after writing to my local MP, I received a letter confirming that he had referred the matter to the Chief Executive of the Immigration and Border Agency. At the moment the UKBA is closing a blind eye on the matter, if everybody on this board who does not get his/her application processed within 6 months refers the matter to his/her local MP, this will force the UK government to look at the matter.

No, unfortunately that does not help. The UKBA just tells the MPs that they are very busy, and that is the end of the story.

Of course you can then refer the case to the parliamentary ombudsman, which may be more effective. But I doubt that he can make the UKBA work faster.

So for the time being, there is very little we can do, apart from counting the damages and hoping to be able to claim them back later...

bebe2 · Post by **bebe2** » Fri May 01, 2009 9:44 am

hi suparka
as for your solicitor doing nothing, dont blame him too much.
he has seen lots of cases like yours and knows the approximate waiting times . i also submited mine eea4 pr on grounds of divorce since november 08 and have heard nothing.
i expect them to ask for more docs by the end of this month and i will have to wait another six months as pple on this forum are having theirs after 13 mths.
brace yourself

suparka · Post by **suparka** » Wed May 06, 2009 8:45 pm

Thanks for your replies. So much wasted time... Hope they'll improve.

Eric-Poole · Post by **Eric-Poole** » Sun May 10, 2009 9:33 pm

After writing to MP, a case worker has now been allocated and I received a request for more info a couple of days later. I will let you know how things progress.

Cheers. Eric

______________________
Act on EEA residency application delays by signing the petition:
http://petitions.number10.gov.uk/EEA4-Residency/

suparka · Post by **suparka** » Sun May 10, 2009 10:12 pm

I just received a letter from HO (following a complaint letter), and they said they're on the case.

Will keep you posted.

bebe2 · Post by **bebe2** » Mon May 11, 2009 4:16 pm

thata the problem the brown administration, everything seem to go slow , and the gets a u turn remember 10p tax rate how about apology to conservative? be carefull what you wish for(not you eric i meant brown) ohhhhh forgive me am starting to vent my anger as i have applied for eea4 since nov and only have a coa.

nadah · Post by **nadah** » Tue May 12, 2009 7:04 pm

bebe2 wrote:thata the problem the brown administration, everything seem to go slow , and the gets a u turn remember 10p tax rate how about apology to conservative? be carefull what you wish for(not you eric i meant brown) ohhhhh forgive me am starting to vent my anger as i have applied for eea4 since nov and only have a coa.

I have applied for EEA4 in June08, received COA sometime end of August08 and still no words from them since then...I've been phoning them everyday like a mad but I can't get through...sometimes I make up to 500 calls a day (and no, I can't get through even after 6pm), as this is premium rate phone line I'm very worried what my next phone bill will look like

I wrote 5 complaints to the LSECSU so far but no reply from them either. Any suggestions??

suparka · Post by **suparka** » Wed May 13, 2009 4:14 pm

Hi,

Just got through to HO today. They sent a letter to my solicitor asking for more documents, that is, my valid passport. So it looks like it may happen soon.

They also advised that my daughter cannot qualify for PR, not until she is 5 year old. Never heard of this law requirement.

Any ideas?

Nadah, you'll be charged 5p per minute and 1p per minute after 6PM, I believe. Avoid calling them from your mobile, as this will cost a lot.

nadah · Post by **nadah** » Wed May 13, 2009 7:05 pm

Well, congrats to you then...

With regards to my calls-that means I shouldn't be charged more than Â£25 per day. I've been calling them for 3 weeks now....huh

suparka · Post by **suparka** » Wed May 13, 2009 9:45 pm

Eric-Poole - thanks for the petition link. The numbers are increasing.

HO should really revert their decision to allow PR application after 4 years, rather than 5. They would make their life much easier.

biggiesmall · Post by **biggiesmall** » Wed May 13, 2009 10:43 pm

Nadah,try this landline 01516725626.It's the same with the premium number but free if you've got free calls on your landline.

Suparka,when did you submit your application?Mine was submitted on September and i did sent a complain letter to HO and also called them today but the person i spoke to said they have'nt started processing September application yet.

suparka · Post by **suparka** » Thu May 14, 2009 7:45 am

We submitted it in October 08. However, I did send a letter, as a family member was very ill. So, not sure which one of my actions helped speeded up the process.

Is anyone aware that children cannot get PR unless they are 5 years of age? Can't find reference to this law anywhere...

86ti · Post by **86ti** » Thu May 14, 2009 8:50 am

suparka wrote:Is anyone aware that children cannot get PR unless they are 5 years of age? Can't find reference to this law anywhere...

Well, if the rule is to have lived in the member state for at least five years, then...

suparka · Post by **suparka** » Thu May 14, 2009 10:04 am

Well, if the rule is to have lived in the member state for at least five years, then...

Yes, but does the 9 month period count, as well...

nadah · Post by **nadah** » Thu May 14, 2009 12:38 pm

biggiesmall wrote:Nadah,try this landline 01516725626.It's the same with the premium number but free if you've got free calls on your landline.

Thanks biggiesmall I'll try that in the future.

I have received answer on my first sent complaint - it had been forwarded from london south complaint service to north west for some reason, I don't understand why...But hurray, at least someone on the other side of the line! I feel like I won the lottery!

Eric-Poole · Post by **Eric-Poole** » Sun Jun 07, 2009 6:46 pm

Just a quick update on my previous posts in this thread .....

Yesterday, after 8 months and 16 days, I finally received the Permanent Residency for my wife. I am convinced that the action to my MP was decisive, since shortly after I received confirmation that he had written to the Head of UKBA, a case worker was allocated (4th May), additional info was requested (8 May), additional info was sent (12 may), Residency was awarded (20 May as per passport), passport was received (6 June).

Cheers. Eric
______________________
Act on EEA residency application delays by signing the petition:
http://petitions.number10.gov.uk/EEA4-Residency/

DFDS. · Post by **DFDS.** » Wed Jun 10, 2009 1:47 pm

suparka wrote:Hi,

I submitted my PR application form 6 months ago. I phoned HO a week ago and today.

I got two different answers:
The first one said that applications will take 6-8 months to complete.
The second one said it could take up to 11 months.

Since they have to make a decision within 6 months, can this be enforced somehow?

I hired a solicitor to handle my case, he does not seem to be doing anything proactively.

What is the point in hiring solicitors if the legal requirement (6 month response)is not enforceable?

Thanks

Did the solicitor promise he would firsten the process? I thought solicitor's work is to guide you in application process rather than manage your application! am i right?

biggiesmall · Post by **biggiesmall** » Fri Jun 12, 2009 3:59 pm

Eric-Poole wrote:Just a quick update on my previous posts in this thread .....

Yesterday, after 8 months and 16 days, I finally received the Permanent Residency for my wife. I am convinced that the action to my MP was decisive, since shortly after I received confirmation that he had written to the Head of UKBA, a case worker was allocated (4th May), additional info was requested (8 May), additional info was sent (12 may), Residency was awarded (20 May as per passport), passport was received (6 June).

Cheers. Eric
______________________
Act on EEA residency application delays by signing the petition:
http://petitions.number10.gov.uk/EEA4-Residency/

How you doing Eric?congrats on the PR.Can you pls send me the copies of your complains to HO.I submitted my application last year september and did made a complain in April but never heard any reply and my solicitor is just useless.Can you pls mail me the complain letters on tunjo1974@hotmail.co.uk.

Cheers.

Eric-Poole · Post by **Eric-Poole** » Tue Jun 16, 2009 11:43 pm

To Biggiesmall,

Try this as a way to raise awareness that by not processing your application within the legal framework defined in EU Directive 2004/58/EC , UKBA is simply BREAKING the LAW !!!

[quote]Dear Sirs,

I inform you that you are currently in breach of Directive 2004/58/EC Article 10 which states:

â€œThe right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called â€œResidence Card of a family member of a European Citizenâ€

Eric-Poole · Post by **Eric-Poole** » Tue Jun 16, 2009 11:58 pm

Here is an example of letter that was sent to my MP:

"Subjet: Serious Breach of EU directive 2004/58/EC

Dear Mr _____,

I would like to report to your attention a serious issue of breach of EU law with regards to the processing of residency application for EEA citizen. EU Directive 2004/58/EC translated into the Immigration Act (EEA) 2006, is very specific and requires that such application be processed no later than 6 months after the application date. In my case, xx months after submitting the application, I still have no idea when my application will be processed. I am not an isolated case and on the different immigration forums on the internet, many people are complaining about the lengthy delays which can take over a year.

Since I submitted my application, I have received no information except a letter confirming receipt of the application and telling us not to contact. I tried on several occasions to get a completion date for the application particularly toward the end of the legal timeframe. Letters are simply being ignored until a complaint is raised in which case all I received is yet a standard apology letter for not answering and telling me that they are too busy removing foreign prisoner (see letter attached), but no useful info about my case.

This is an endemic problem and the UK government is casually disregarding EU law at the distress of people who are becoming prisoner of this country (passport and other official documents are being withheld for the whole duration of the application). <<<< I hereby explain a case where we had family problems and were unable to live the country >>>>

I have been in the UK for xx years and have always worked and paid my taxes like any other UK citizen. I really feel betrayed by the UK government and find it totally UNACCEPTABLE that organizations like the UK Border Agency are putting themselves above the law. Incompetence is certainly not an acceptable excuse, and I am therefore referring the matter to you, hoping that you will be able to do something to change this situation.

Yours sincerely,"

I hope this helps. Cheers.

Eric

______________________
Act on EEA residency application delays by signing the petition:
http://petitions.number10.gov.uk/EEA4-Residency/

biggiesmall · Post by **biggiesmall** » Wed Jun 17, 2009 8:17 am

Eric-Poole wrote:Here is an example of letter that was sent to my MP:

"Subjet: Serious Breach of EU directive 2004/58/EC

Dear Mr _____,

I would like to report to your attention a serious issue of breach of EU law with regards to the processing of residency application for EEA citizen. EU Directive 2004/58/EC translated into the Immigration Act (EEA) 2006, is very specific and requires that such application be processed no later than 6 months after the application date. In my case, xx months after submitting the application, I still have no idea when my application will be processed. I am not an isolated case and on the different immigration forums on the internet, many people are complaining about the lengthy delays which can take over a year.

Since I submitted my application, I have received no information except a letter confirming receipt of the application and telling us not to contact. I tried on several occasions to get a completion date for the application particularly toward the end of the legal timeframe. Letters are simply being ignored until a complaint is raised in which case all I received is yet a standard apology letter for not answering and telling me that they are too busy removing foreign prisoner (see letter attached), but no useful info about my case.

This is an endemic problem and the UK government is casually disregarding EU law at the distress of people who are becoming prisoner of this country (passport and other official documents are being withheld for the whole duration of the application). <<<< I hereby explain a case where we had family problems and were unable to live the country >>>>

I have been in the UK for xx years and have always worked and paid my taxes like any other UK citizen. I really feel betrayed by the UK government and find it totally UNACCEPTABLE that organizations like the UK Border Agency are putting themselves above the law. Incompetence is certainly not an acceptable excuse, and I am therefore referring the matter to you, hoping that you will be able to do something to change this situation.

Yours sincerely,"

I hope this helps. Cheers.

Eric

______________________
Act on EEA residency application delays by signing the petition:
http://petitions.number10.gov.uk/EEA4-Residency/

Thanks Eric,really appreciate it.

suparka · Post by **suparka** » Thu Jun 18, 2009 7:15 pm

DFDS. wrote:
suparka wrote:Hi,

I submitted my PR application form 6 months ago. I phoned HO a week ago and today.

I got two different answers:
The first one said that applications will take 6-8 months to complete.
The second one said it could take up to 11 months.

Since they have to make a decision within 6 months, can this be enforced somehow?

I hired a solicitor to handle my case, he does not seem to be doing anything proactively.

What is the point in hiring solicitors if the legal requirement (6 month response)is not enforceable?

Thanks
Did the solicitor promise he would firsten the process? I thought solicitor's work is to guide you in application process rather than manage your application! am i right?

Hi,

The solicitor didn't promise anything. He is managing my application, but it seems I am just wasting my money. I am sending all the complaints letters, etc.

I also received a letter from UKBA on the 5th May, then another one asking for further documents on the 11th May. The passport was sent on the 12th May. Still nothing!!!

I called them few times, and they said that applications last up to 12 months!!

Not to mention that they cut their line opening time by 4 hours.

Good luck to everyone...

Can people claim liquidated damages?? There must be a way to, not to penalise, but incentivise the Home Office.

Perhaps, they should offer to process further citizenship applications for free + accept applications a year after the 6 months breach.

Some thoughts...

Immigrationboards.com: Immigration, work visa and work permit discussion board

EEA4 Permanent Residence - Waiting time

EEA4 Permanent Residence - Waiting time

EU directive 2004/58/EC

Writing to your MP

Re: Writing to your MP

Complaining to your MP

Success !!!!

Re: EEA4 Permanent Residence - Waiting time

Re: Success !!!!

Breach of EU directive Directive 2004/58/EC - Article 10

Letter to MP

Re: Letter to MP

Re: EEA4 Permanent Residence - Waiting time