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Anyone waiting on EEA4 more than me?

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, Zimba

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How long did your EEA4 application take (or is taking) to be completed?

less than 6 months
16
33%
6 months
8
17%
between 6 months and 13 months
15
31%
more than 13 months
9
19%
 
Total votes: 48

Lilly
Newbie
Posts: 31
Joined: Tue Dec 08, 2009 11:55 am

Anyone waiting on EEA4 more than me?

Post by Lilly » Tue Dec 08, 2009 12:02 pm

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

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?
:cry: :cry: :cry: :cry: :cry: :cry:

asher1979
Newly Registered
Posts: 26
Joined: Thu Nov 19, 2009 4:50 pm

Re: Anyone waiting on EEA4 more than me?

Post by asher1979 » Wed Dec 09, 2009 9:57 pm

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

Lilly wrote:I am just wondering if my application is the oldest one with the Home Office :cry:

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?
:cry: :cry: :cry: :cry: :cry: :cry:

Lilly
Newbie
Posts: 31
Joined: Tue Dec 08, 2009 11:55 am

Post by Lilly » Wed Dec 09, 2009 10:27 pm

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

:cry:

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Thu Dec 10, 2009 8:23 am

Lilly wrote: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
Newbie
Posts: 31
Joined: Tue Dec 08, 2009 11:55 am

Post by Lilly » Thu Dec 10, 2009 9:51 am

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!!

:x

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
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Thu Dec 10, 2009 10:22 am

Lilly wrote: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
Newbie
Posts: 31
Joined: Tue Dec 08, 2009 11:55 am

Post by Lilly » Thu Dec 10, 2009 10:49 am

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
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Thu Dec 10, 2009 11:15 am

Lilly wrote: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
Member of Standing
Posts: 369
Joined: Sun Dec 09, 2007 10:58 pm
Contact:

Post by keshgrover » Thu Dec 10, 2009 12:14 pm

86ti wrote:
Lilly wrote: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
KESH

Lilly
Newbie
Posts: 31
Joined: Tue Dec 08, 2009 11:55 am

Post by Lilly » Thu Dec 10, 2009 3:25 pm

keshgrover, thanks for the link, I lost the count how many times I read that page over and over again :P
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
Newbie
Posts: 31
Joined: Tue Dec 08, 2009 11:55 am

Good news at last

Post by Lilly » Mon Dec 14, 2009 10:13 am

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!! :wink: 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 :P

asher1979
Newly Registered
Posts: 26
Joined: Thu Nov 19, 2009 4:50 pm

Re: Good news at last

Post by asher1979 » Mon Dec 14, 2009 10:24 pm

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?
Lilly wrote: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!! :wink: 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 :P

Lilly
Newbie
Posts: 31
Joined: Tue Dec 08, 2009 11:55 am

Re: Good news at last

Post by Lilly » Tue Dec 15, 2009 11:29 am

asher1979 wrote: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
Newly Registered
Posts: 26
Joined: Thu Nov 19, 2009 4:50 pm

Re: Good news at last

Post by asher1979 » Tue Dec 15, 2009 7:19 pm

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 8)

Lilly wrote:
asher1979 wrote: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
Newbie
Posts: 31
Joined: Tue Dec 08, 2009 11:55 am

Re: Good news at last

Post by Lilly » Thu Dec 17, 2009 10:59 am

asher1979 wrote: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 8)
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
Newly Registered
Posts: 26
Joined: Thu Nov 19, 2009 4:50 pm

Re: Good news at last

Post by asher1979 » Fri Dec 18, 2009 3:42 pm

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.

:lol:
Lilly wrote:
asher1979 wrote: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 8)
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
Newbie
Posts: 31
Joined: Tue Dec 08, 2009 11:55 am

Post by Lilly » Fri Dec 18, 2009 3:43 pm

Congrats!!! :wink:

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 :cry:

asher1979
Newly Registered
Posts: 26
Joined: Thu Nov 19, 2009 4:50 pm

Post by asher1979 » Fri Dec 18, 2009 5:19 pm

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..
Lilly wrote:Congrats!!! :wink:

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 :cry:

Lilly
Newbie
Posts: 31
Joined: Tue Dec 08, 2009 11:55 am

Post by Lilly » Fri Dec 18, 2009 5:23 pm

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
Newly Registered
Posts: 26
Joined: Thu Nov 19, 2009 4:50 pm

Post by asher1979 » Sat Dec 19, 2009 10:54 am

No post today... :x 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
Lilly wrote: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. ;)

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