I have been read this EEA timelines of 541 pages since last week and would like to share my knowledge.
I am NON EEA live with my partner EEA as unmarried for more than 8 years and I am overstay more than 8 years and I don't have passport as was expired and lost and I could not do the new one from my embassy in UK.
I use solicitor in Stratford High Street who charged me very expensive was almost one and a half thousand.
Application was submitted December 2014 and was refused March 2015 with simple mistake because i don't have valid passport and no right to appeal and been asked to leave UK ASAP. (Very stupid me to use this solicitor, Since I got refused I have been study and read lots)
Then i use another solicitor name Sterling & Law Associates LLP who gave me a very very good advised and charge me with very reasonable price.
I went to see this solicitor on April 2015 and I have two options:
1. Submit fresh application for residence card to buy time for prepare appeal because I have been asked to leave UK and submit appeal which will take very long time and more expenses as court fee and barrister which solicitor has not agreed with this option (This option i don't have to leave UK)
2. Go back to my country and do a New passport and apply for Family permit to come back to UK. I and my partner agreed with this option. Solicitor fee was less than half I was paid to another solicitor which pay half when start the process and pay another half when I got family permit. Before I went back to my country, Solicitor said to me "with evident of my case they can bring me back to UK very easy with the right to work" and it is true, they know what they are doing. Immigration advisor has 3 levels, some firm has only level 1, when you choose solicitor you must check their background first.
Then I went back to my country do new passport and apply for family permit which solicitor did everything for me in advance by online. First I got refused with nonsense reason which my solicitor was very angry. Then they did apply refresh application for me by online and make appointment for me again and in the mean time they do submit for appeal as well just in case embassy refuse again we don't waste more time. But second applications was successful Solicitor withdrew appeal. I got family permit (Extend family as unmarried) 6 months. And I came back to UK almost 3 months now.
I use the same solicitor to apply residence card again and now they charge me even cheaper and payment is same half when start and half when finish. I am very very happy with their services.
We submitted my EEA EFM on 24/09/15, HO received Friday 25/09/15 Payment has been taken on 28/09/15
BIO and COA are waiting until now.
I would like to share my knowledge as follow;
Refer to Processes and procedures: for EEA documentation applications V2.0 Dated 7 April 2015 (can google)
HO MUST ISSUE a COA IMMEDIATELY for direct family member applies for residence card.
And you much submit evidence required to have long COA with right to work
Or get short COA which does not confirm a right to work and anyone issued with a short COA due to their failure to submit the required evidence connote later be issued with a long COA if they submit the required evidence.
for Extended family member applies for residence card will issue a short COA.
BUT REFER to Extended family members of EEA nationals V2.0 dated 7 April 2015
Rights of an extended family member
Extended family members do not have automatic rights to enter and reside in the UK. Under regulation 7(3) of the regulations, an extended family member has the same rights as a DIRECT FAMILY member, providing they continue to satisfy the conditions of regulation 8 and they have been issued with:
an EEA family permit
a registration certificate, or
a residence card.
The above documents must remain valid and not have been revoked.
Entering with an EEA family permit
Under regulation 7(3), a person who enters with an EEA family permit issued as an extended family member, only has a right to reside in the UK on this basis while the EEA family permit is valid (six months).
If that person then submits an application for a residence card or registration certificate before the EEA family permit expires, you do not need to undertake stages 2 to 4 of the four stage consideration process. If the EEA family permit has expired at the point of application you must apply the full four stage process.
The two above procedures of HO are clearly that COA with right to work are depend on you are directly family and provide required evidences but if you extended family but has family permit you will have COA with right to work too.
Either direct or extended family who hold family permit with get short process for residence card.
And the process of application is six months start from when HO received is not from COA. Therefore anyone has application more than 6 moths start from when HO received should get in touch with HO ASAP.
Anyone has refused should do fresh application at the same time with appeal. You can withdraw application or appeal later. When you appeal, HO will have a look at your case again before go to hearing at court. Please keep in mind appeal process in court is lot of money, appeal fee i am not sure but i think £149 and court fees and barrister is need which is not cheap.
I will update my timeline again soon.
I wish all the best to everyone. and Thank you everyone for share story.