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CAN ECO REFUSE EEA FP ON PREVIOUS IMMIGRATION HISTORY

Posted: Sat Jul 28, 2012 4:03 am
by lencruz
Hello,
I am new to this forum,I found this forum very helpful.
My story.
I came to UK in 2007 as a student from India,I did not study just worked full time, got my visa extended every time, I was never refused visa, I sponsored my wife as my dependent in 2008 she was granted entry clearance she came to UK in 2008,in 2010 I left this country with my wife before my visa expired, I have never overstayed or don't have any bad history except I worked full time, I went back home to goa, India applied for Portugal nationality got my Portugal nationality in 2011,came back to UK in January 2012 started working in February.
Now I am thinking to apply for EEA FP for my wife,if I apply for FP is ECO will check my previous immigration history and NI, if they checked and came to know that I have broke the immigration rules by working full time and never studied. Can they refuse my wife's visa on this ground and can they deport me also on my previous immigration history please reply guru's I have notice that you guys are very helpful so please help me I am really very confused and tensed,want to apply as soon as possible

Re: CAN ECO REFUSE EEA FP ON PREVIOUS IMMIGRATION HISTORY

Posted: Sat Jul 28, 2012 7:58 am
by EUsmileWEallsmile
lencruz wrote:got my Portugal nationality in 2011,came back to UK in January 2012 started working in February.
Now I am thinking to apply for EEA FP for my wife
You are an EU national working in the UK. You are entitled to have your spouse join you. Your immigration history is pretty much irrelevant. Why not apply and stop worrying about hypothetical refusals?

Re: CAN ECO REFUSE EEA FP ON PREVIOUS IMMIGRATION HISTORY

Posted: Tue Jul 31, 2012 10:56 am
by lencruz
EUsmileWEallsmile wrote:
lencruz wrote:got my Portugal nationality in 2011,came back to UK in January 2012 started working in February.
Now I am thinking to apply for EEA FP for my wife
You are an EU national working in the UK. You are entitled to have your spouse join you. Your immigration history is pretty much irrelevant. Why not apply and stop worrying about hypothetical refusals?
Thanks EUSMILE I am worried because my friend also is in same situation he has applied for EEA FP for his wife it's almost 40 days whenever he emails BHC he gets reply saying that they need to carry out further enquires and decision will be made as soon as they gets results of enquires, now what tht means are they checking his national insurance or whether he really studied Please reply please it will very be helpful thanks

Posted: Tue Jul 31, 2012 11:05 am
by Jambo
"carry out further checks" is normally just an excuse they use.

Your friends should complain. It should not take them more than 15 days to issue the FP.

Posted: Tue Jul 31, 2012 1:48 pm
by Directive/2004/38/EC
You are an EU citizen. If you had a very serious ongoing problem of being an axe murdered, then they could refuse you entry. But otherwise...

I am curious though. Have you always been a Portuguese citizen, but just got a passport now? Or did you only now apply for citizenship and it was recently granted?

You friend who has been waiting should complain loudly! There is very little excuse for it taking more than one day.

Posted: Tue Jul 31, 2012 7:30 pm
by prince1475
Directive/2004/38/EC wrote:You are an EU citizen. If you had a very serious ongoing problem of being an axe murdered, then they could refuse you entry. But otherwise...

I am curious though. Have you always been a Portuguese citizen, but just got a passport now? Or did you only now apply for citizenship and it was recently granted?

You friend who has been waiting should complain loudly! There is very little excuse for it taking more than one day.
Thanks Jambo and Directive,I got my Portuguse Nationality last year 2011 in November,I came to UK as a student in 2007 on Indian Nationality,so is there going to be any problem.

My friend complains everyday to BHC they don't reply him, but only last week he didn't complain he politely asked them about his application and they replied saying tht they need to carry further enquires could some one can give me a brief idea like what to write in complain letter so that they reply and takes a decision as soon as possible.

Posted: Tue Jul 31, 2012 8:58 pm
by Jambo
I'm confused.

Are you lencruz or prince1475?

Posted: Tue Jul 31, 2012 9:01 pm
by lencruz
Jambo wrote:I'm confused.

Are you lencruz or prince1475?
I am Lencruz we are from goa lives together in one house i was using laptop so i didn't realize that i am posting from his account.

Posted: Tue Jul 31, 2012 9:03 pm
by lencruz
can you please delete it i will post it again from Id sorry for that

Posted: Tue Jul 31, 2012 9:10 pm
by Jambo
Not a problem (the two ids).

Complain to the UKBA in the UK

http://www.ukba.homeoffice.gov.uk/about ... complaint/

Posted: Tue Jul 31, 2012 9:15 pm
by lencruz
Jambo wrote:Not a problem (the two ids).

Complain to the UKBA in the UK

http://www.ukba.homeoffice.gov.uk/about ... complaint/
how about if i complain to my local MP i have a appointment this week.can it make a difference.
I checked the link if i click on the option it takes me to appeal page and if i click another option which i have to it takes me to enquiry page do u have a email of UKBA where i can compalin

Posted: Tue Jul 31, 2012 9:20 pm
by Jambo
Yes.

Posted: Thu Aug 02, 2012 9:35 pm
by lencruz
Moderator could you please delete this post

Posted: Fri Aug 03, 2012 12:31 am
by Directive/2004/38/EC
lencruz wrote:how about if i complain to my local MP i have a appointment this week.can it make a difference.
If you go and moan to your local MP, then it is not clear what the MP can/will do. After all the MP does not really know you, and so are not willing to stick their neck out.

MPs are good at asking departments for information, either about your case or about the rules.

Think about how to structure your complaint into the form of a query.

Posted: Fri Aug 03, 2012 10:57 am
by lencruz
Directive/2004/38/EC wrote:
lencruz wrote:how about if i complain to my local MP i have a appointment this week.can it make a difference.
If you go and moan to your local MP, then it is not clear what the MP can/will do. After all the MP does not really know you, and so are not willing to stick their neck out.

MPs are good at asking departments for information, either about your case or about the rules.

Think about how to structure your complaint into the form of a query.
Thanks Directive I don't understand why they are taking so long, I spoke to solicitor he told me that it might be because I complain mentioning EEA regulations it must have annoy them,they must have put my file right at bottom, he also said that ECO's in India are a Law unto themselves.

Posted: Fri Aug 03, 2012 11:11 am
by Directive/2004/38/EC
All the better to complain louder!

Posted: Sat Aug 04, 2012 12:27 pm
by lencruz
Directive/2004/38/EC wrote:All the better to complain louder!
Yes ur right Directive my friend told me that its no point going to MP,he met MP once regarding his case but MP didn't help him much,anyway can u help can u give me a brief idea or draft some points, like how u have done for Donald,i have complain them lots of time but i am not getting any reply and the day i didnt complain just asked them politely about update on my application they replied that its under process, now i want to complain to UKBA UK but i am not getting a email Id i searched the whole website but unfortunately i am not getting could you please give a email id of UKBA UK to complain if u know i will be very thankful to you

Posted: Sat Aug 04, 2012 1:20 pm
by Directive/2004/38/EC
How long have you been waiting for the EEA FP?

Posted: Sat Aug 04, 2012 2:06 pm
by lencruz
Directive/2004/38/EC wrote:How long have you been waiting for the EEA FP?
Its 26 working days

Posted: Sat Aug 04, 2012 2:17 pm
by Directive/2004/38/EC
Maybe ask the MP to query UKBA about what is the maximum time they will take to process the EEA Family Permit. Explain that you understand it should be processed on a priority basis, and that it has already been more than 5 weeks.

I would also ask if there is a reason that this particular application is taking so long?

Posted: Sun Aug 05, 2012 9:04 am
by lencruz
Directive/2004/38/EC wrote:Maybe ask the MP to query UKBA about what is the maximum time they will take to process the EEA Family Permit. Explain that you understand it should be processed on a priority basis, and that it has already been more than 5 weeks.

I would also ask if there is a reason that this particular application is taking so long?
My friend asked BHC they told him that normal processing time is 15 working days but it make take longer if they need to carry out further enquires, if they need to carry out further enquires they can't guarantee the time limit because it depends on when they receives the results of enquires. I think this doesn't make sense every enquires have time limit

Posted: Sun Aug 05, 2012 12:21 pm
by Directive/2004/38/EC
How did your friend contact BHC?

Posted: Sun Aug 05, 2012 12:47 pm
by lencruz
Directive/2004/38/EC wrote:How did your friend contact BHC?
He email on this Id mumbai.visaenquiries@fco.gov.uk and email on consular email id also which he found on fco.gov.uk but consular didn't reply

Posted: Mon Aug 06, 2012 11:03 pm
by lencruz
Directive/2004/38/EC wrote:Maybe ask the MP to query UKBA about what is the maximum time they will take to process the EEA Family Permit. Explain that you understand it should be processed on a priority basis, and that it has already been more than 5 weeks.

I would also ask if there is a reason that this particular application is taking so long?
Just cant believe this I complained to European commission abt my situation they replied me back saying complain to national ombudsman UK I checked ombudsman website got their number phoned them they told me to complain to my local MP my complain should come from my local MP than I met my MP he told me he can't do much about it because UKBA is always like tht it's not only me this days they do it to everyone anyway he took my complain he was typing on his laptop whatever I was saying but don't no whether he is going email UKBA or not he didn't even give me much time to ask him like what he is going to do I am very disappointed now only option I have is complain UKBA UK but unfortunately I m not getting their right email id

Posted: Tue Aug 07, 2012 8:49 am
by lencruz
lencruz wrote:
Directive/2004/38/EC wrote:Maybe ask the MP to query UKBA about what is the maximum time they will take to process the EEA Family Permit. Explain that you understand it should be processed on a priority basis, and that it has already been more than 5 weeks.

I would also ask if there is a reason that this particular application is taking so long?
Just cant believe this I complained to European commission abt my situation they replied me back saying complain to national ombudsman UK I checked ombudsman website got their number phoned them they told me to complain to my local MP my complain should come from my local MP than I met my MP he told me he can't do much about it because UKBA is always like tht it's not only me this days they do it to everyone anyway he took my complain he was typing on his laptop whatever I was saying but don't no whether he is going email UKBA or not he didn't even give me much time to ask him like what he is going to do I am very disappointed now only option I have is complain UKBA UK but unfortunately I m not getting their right email id
Any sugesstions or comments this waiting is killing me tried everything complained to MP, complained on this id visaenquiries@fco.gov.uk and complained to European commission nothing happening Now what should I do Please reply guys