Anyone waiting on EEA4 more than me?

[Lilly]

I am just wondering if my application is the oldest one with the Home Office

I have applied in May 2008!
Only letters received were letter of acknowledgement of the application in July 2008 and another one in October 2009 (almost 17 months later) asking for proof I've been living here for 5 years which were sent the very next day.

Sent fax and letter to complaints line (which phone and email don't work) and they said my case was going to be assigned to a caseworker but when I call the advise line they only say - as usual - application is waiting consideration.

Anyone else in the board had a worse wait than me?

[asher1979]

I am sorry to hear that .. just apply for citizenship instead its quicker.

I am just wondering if my application is the oldest one with the Home Office

I have applied in May 2008!
Only letters received were letter of acknowledgement of the application in July 2008 and another one in October 2009 (almost 17 months later) asking for proof I've been living here for 5 years which were sent the very next day.

Sent fax and letter to complaints line (which phone and email don't work) and they said my case was going to be assigned to a caseworker but when I call the advise line they only say - as usual - application is waiting consideration.

Anyone else in the board had a worse wait than me?

[Lilly]

Unfortunately I can't apply for citizenship before I get the residency permit (EEA4) back, because the citizenship rules says I must be free of immigration-time limits for a year before I can apply for naturalization.

By right, I would have to wait a year after the EEA4 was given before applying for citizenship, but because the delay was caused by the Home Office I can ask to be excluded by that rule, and hopefully get through it without the wait ( I am already getting prepared for the Life in the Uk Test).

I have written to my MP and Solve-it advisors as well, now is back to the waiting games again as there is nowhere to complain anymore

[86ti]

Unfortunately I can't apply for citizenship before I get the residency permit (EEA4) back, because the citizenship rules says I must be free of immigration-time limits for a year before I can apply for naturalization.

If you were really eligible for permanent residence in July 2008 you would have been free of immigration restrictions for well over a year now. It is a common mistake to assume that you would have to apply for PR. By British law, you don't. And, it is not a permit what you are appying for. It is a permanent residence card.

[Lilly]

Hmm, even is I am a non-EU myself?

I will call the citizenship advise line today and make sure of it, it will be really annoyed if I have been waiting for more than a year and no one at the Home Office told me I could do so!!



Thanks for the tip I will post when I have a reply from them!

Ok, After calling the immigration line they have confirmed I do have to wait for the residency permit to be given to me because I am a non-EU national myself.

[86ti]

Ok, After calling the immigration line they have confirmed I do have to wait for the residency permit to be given to me because I am a non-EU national myself.

That's simply wrong. It is not a matter of nationality but rather one of immigration status. You as the family member of an EEA national have your rights simply based on the relationship. In the UK no formalities like residence cards are needed that is your status is automatic. Since you are not legally required to apply via EEA4 a permanent residence card can not be asked for when applying for naturalisation.

Try to call them again and explain your situation more clearly, e.g. stop using that 'residency permit' nonsense. I think we had someone else here some time ago who got the same answer in a similar situation. Do no believe everything that is told to you over the phone. What immigration line was that?

[Lilly]

Ok, I called the 0845 010 5200 options 3-1-2
They said I would have to prove my 5 years living here yes, and that I have been free of immigration rules for a year so I might as well wait for the process to be finished.

The way I see it, I do have to quote the "Residence Permit" non-sense because I would have to ask the EEA4 process to be dropped, my documents sent back to me and then apply for citizenship.

Isn't that how it works?

Or can I just ask my passport back, take the test and when I have that I just send it along with my application and quote my EEA4 process so they retrieve the rest of the document themselves?

See, these are the questions that makes me quote the EEA4 there and how to proceed

[86ti]

Ok, I called the 0845 010 5200 options 3-1-2
They said I would have to prove my 5 years living here yes, and that I have been free of immigration rules for a year so I might as well wait for the process to be finished.

The way I see it, I do have to quote the "Residence Permit" non-sense because I would have to ask the EEA4 process to be dropped, my documents sent back to me and then apply for citizenship.

Yes, you would probably have to withdraw your application to get all your documents back and it is not clear if you would win much with this approach. There is some chance that you will get a decision soon even if the permament residence card may be of little value since you obviously plan to naturalise.

Regarding the "residence permit non-sense" my point was stop calling it a "permit" when it actually isn't one. The correct term would be (permanent) residence card (or more generally a residence document as it is written on the sticker). "Permit" is only ever used for the EEA family permit (the entry clearance that non-EEA family members need to enter the UK) in EEA law.

[keshgrover]

Ok, I called the 0845 010 5200 options 3-1-2
They said I would have to prove my 5 years living here yes, and that I have been free of immigration rules for a year so I might as well wait for the process to be finished.

The way I see it, I do have to quote the "Residence Permit" non-sense because I would have to ask the EEA4 process to be dropped, my documents sent back to me and then apply for citizenship.

Yes, you would probably have to withdraw your application to get all your documents back and it is not clear if you would win much with this approach. There is some chance that you will get a decision soon even if the permament residence card may be of little value since you obviously plan to naturalise.

Regarding the "residence permit non-sense" my point was stop calling it a "permit" when it actually isn't one. The correct term would be (permanent) residence card (or more generally a residence document as it is written on the sticker). "Permit" is only ever used for the EEA family permit (the entry clearance that non-EEA family members need to enter the UK) in EEA law.

Well who ever adviced you at UKBA was tottally rubbish. You can apply for naturalisation. Have a detailed look at the link provided below :

http://www.ukba.homeoffice.gov.uk/briti ... igibility/

Regards

[Lilly]

keshgrover, thanks for the link, I lost the count how many times I read that page over and over again
But what got me is when I saw this link
http://www.ukba.homeoffice.gov.uk/briti ... uirements/
And this bit

You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.

If you are free from immigration time restrictions then there is usually a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay

This is what I assumed to be the residence card I applied for last year, and that was the reason why I didn't apply directly for citizenship in the first place, when my non-EU family Visa expired last year.
And that is why I am still not entirely sure how non-EU family members can apply for citizenship straight through (without the residency card being given and waiting the year between when the 5 year visa expires and the application for citizenship is done).

It says for non-EU family

You should have held permanent residence status for 12 months before you apply for naturalisation.

And thats why I applied for my permanent residence card, I would never expect the process to take more than 6 months, let alone 12 or 19+!!

86ti: Thanks for pointing that out, I will make sure to say is my residence card instead And yes I agree, as the citizenship process is taking 6 months+ anyway, I am better waiting this to come through, at least I will be able to travel and see my family (which I haven't done for 2 years thanks to the Home Office) with my residence card while the citizenship process is looked at.

Will let you guys know on anything that may change with me.

Thanks again for the big help

[Lilly]

Hi All

Just some good news on my documents, Saturday I've received the letter (dated the 9th December) replying my letter sent on the 30th - it was actually a fax - that said the application has been allocated to a caseworker and being actively looked at.

Today I've called the Home Office advise line and they confirmed a decision has been made on my case and I should receive it on the next two weeks.

Fingers crossed it was a good and the right decision!! And if comes before Xmas even better because it will mean I can go and visit my family for that!! (Which I haven't seen in 2 years!!!)

Will keep you posted when I finally get it!

Notes: Last week, I have used the emails for complaints line and the UKBA general email (UKBAeuropeanenquiries@ukba.gsi.gov.uk and
NWCSU@homeoffice.gsi.gov.uk), wrote to my MP and the Solvit assess line. Did not get a reply from MP and Solvit yet, but hopefully I won't need to persue that route anymore

[asher1979]

Hi Great to hear that, I got the same answer last Friday "decision is made" but when I asked the caller he would not say its positive or not as he did not know I wonder what that means surely HO telephone agent should be able to say its positive decision or not right?

Hi All

Just some good news on my documents, Saturday I've received the letter (dated the 9th December) replying my letter sent on the 30th - it was actually a fax - that said the application has been allocated to a caseworker and being actively looked at.

Today I've called the Home Office advise line and they confirmed a decision has been made on my case and I should receive it on the next two weeks.

Fingers crossed it was a good and the right decision!! And if comes before Xmas even better because it will mean I can go and visit my family for that!! (Which I haven't seen in 2 years!!!)

Will keep you posted when I finally get it!

Notes: Last week, I have used the emails for complaints line and the UKBA general email (UKBAeuropeanenquiries@ukba.gsi.gov.uk and
NWCSU@homeoffice.gsi.gov.uk), wrote to my MP and the Solvit assess line. Did not get a reply from MP and Solvit yet, but hopefully I won't need to persue that route anymore

[Lilly]

Hi Great to hear that, I got the same answer last Friday "decision is made" but when I asked the caller he would not say its positive or not as he did not know I wonder what that means surely HO telephone agent should be able to say its positive decision or not right?

Let us know how much does it take for your papers to reach you
I agree with you they should be able to tell us but I guess they are covering their backs not be liable in case they inform us the wrong thing.

If they don't inform anyone about the decision taken then no one can complain later in case one thing was said and another received through the post...

And we know the HO loves convering their backs anyway they can

[asher1979]

I hope you are right, did you probe them to tell you if it's a positive answer or not..? and all the people who are waiting call HO everyday and complaint that's how I got them to consider my application.. don't give up what have you got scare of... after all this your right

Hi Great to hear that, I got the same answer last Friday "decision is made" but when I asked the caller he would not say its positive or not as he did not know I wonder what that means surely HO telephone agent should be able to say its positive decision or not right?

Let us know how much does it take for your papers to reach you
I agree with you they should be able to tell us but I guess they are covering their backs not be liable in case they inform us the wrong thing.

If they don't inform anyone about the decision taken then no one can complain later in case one thing was said and another received through the post...

And we know the HO loves convering their backs anyway they can

[Lilly]

I hope you are right, did you probe them to tell you if it's a positive answer or not..? and all the people who are waiting call HO everyday and complaint that's how I got them to consider my application.. don't give up what have you got scare of... after all this your right

Yes I did ask what the decision was but they wouldn't tell me... As its stands for now, I'm still waiting.... I am not giving up on anything, I am just waiting the 2 weeks they said it was going to take, when that's over I will start calling again, contacting my MP and Solvit

Any news on yours?

[asher1979]

Hi Lilly,

I called them today they told me it's in the post and gave me the recorded delivery number as well... so I should get it by next week.

I hope you are right, did you probe them to tell you if it's a positive answer or not..? and all the people who are waiting call HO everyday and complaint that's how I got them to consider my application.. don't give up what have you got scare of... after all this your right

Yes I did ask what the decision was but they wouldn't tell me... As its stands for now, I'm still waiting.... I am not giving up on anything, I am just waiting the 2 weeks they said it was going to take, when that's over I will start calling again, contacting my MP and Solvit

Any news on yours?

[Lilly]

Congrats!!!

I called them today but they said decision was made on Monday but they were still arranging documents to be sent back and she could not give me a specific date

[asher1979]

I called them every day and told them that I need to travel as I have already booked my flight to see my dad for 22nd of Dec ... so may be they rushed mine... but dont worry you will get yours soon..

Congrats!!!

I called them today but they said decision was made on Monday but they were still arranging documents to be sent back and she could not give me a specific date

[Lilly]

I don't think calling to rush makes any difference, they always just say send a fax or a letter to let the caseworker know, etc etc etc bla bla bla I already know about....

Regarding tickets I had to cancel my trip back home which was booked for the 10th December... Sooo sad about it, but I didn't want to ask my passport back and wait another 10+ months for them to review my case again.

I will call them again Tuesday if I don't hear until then but by right they have until the 28th which is what they said it was going to take from when they made the decision (two weeks)

If I don't get it after the 28th, then I will contact my MP and Solvit.

[asher1979]

No post today... but what I am really frustrated about they are not able to tell me the decision is positive or not.. under the Data protection act they need to be able to discuss the decision with the applicant except for the medical results which comes under sensitive information act where they can only discuss this face to face or by post. but come on they really now know how to frustrate people. I just wish this the last time I am dealing with them

I don't think calling to rush makes any difference, they always just say send a fax or a letter to let the caseworker know, etc etc etc bla bla bla I already know about....

Regarding tickets I had to cancel my trip back home which was booked for the 10th December... Sooo sad about it, but I didn't want to ask my passport back and wait another 10+ months for them to review my case again.

I will call them again Tuesday if I don't hear until then but by right they have until the 28th which is what they said it was going to take from when they made the decision (two weeks)

If I don't get it after the 28th, then I will contact my MP and Solvit.

[Lilly]

Oh that's a shame WHat if you try and track the royal mail number they gave you last week, what does it say?
Yeah I know is frustrating, if they at least told us what the decision was we could already relax!!!

[asher1979]

Hi Lilly I got my PR card now..... thank God.. no more stress... I can sleep well tonight... I hope you will get yours.... Thanks a lot for all of your support..

No post today... but what I am really frustrated about they are not able to tell me the decision is positive or not.. under the Data protection act they need to be able to discuss the decision with the applicant except for the medical results which comes under sensitive information act where they can only discuss this face to face or by post. but come on they really now know how to frustrate people. I just wish this the last time I am dealing with them

I don't think calling to rush makes any difference, they always just say send a fax or a letter to let the caseworker know, etc etc etc bla bla bla I already know about....

Regarding tickets I had to cancel my trip back home which was booked for the 10th December... Sooo sad about it, but I didn't want to ask my passport back and wait another 10+ months for them to review my case again.

I will call them again Tuesday if I don't hear until then but by right they have until the 28th which is what they said it was going to take from when they made the decision (two weeks)

If I don't get it after the 28th, then I will contact my MP and Solvit.

[Lilly]

Yeay! I am happy for you!!!! Well done
Enjoy the trip to see your dad! Will post when mine is received as well hopefully not long!!!

[asher1979]

Yep.. Good luck .... I am sure you will get it ASAP

Yeay! I am happy for you!!!! Well done
Enjoy the trip to see your dad! Will post when mine is received as well hopefully not long!!!

[Lilly]

Hi All

Just to let you know I've got my Residence Permit Card (is actually a sticker stamp on the passaport) this morning. After 2 painful years it is all done

The process was finished by 10th December but the call center only told me the decision was made on the 14th, and that they've dispatched the docs on the 4th, received today.

Good luck everyone, hope your process goes better than mine did

Have a good 2010,