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Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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WellingtonKiwi
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Posts: 53
Joined: Fri Dec 04, 2009 10:33 am
Location: London

Re: No rights for extended family member (unmarried partner)

Post by WellingtonKiwi » Tue Dec 08, 2009 10:57 pm

intfenix wrote:Hey guys - so yea, basically, since I was not aware that there hasn't been a policy change, the UK Home office rep lied to me..so I was misinformed 4 times. 3 times before the application- when I was told I would have right to work while I wait for residence permit, and 4th time afterwards, to blame the misinformation on a non exitent law change. So sorry for passing on the bad info. But as has been said by one of you - as unmarried partner, being considered an extended family member, and so since I came in with just a tourist visa, I have no right to work. The Family permit, requires the same time of proof as the eea residence permit, so if I exit now, I will have to recall my documents from Home Office (this will take an eternity I'm sure), apply from the US for EEA famiy Permit (min 15 days), if I get it come back to the UK and find another job - after being unemployed since October!!!, and reapply for residency permit!! This is insane. Any help? words of advice?
Hi there, just wanted to share my experience. Long story but I was in the UK with a visa about to expire, travelled to Dublin (after researching which of the closes British embassies were fastest in processing applications as you can apply for a family permit from just about anywhere) and applied for an EEA family permit from there (unmarried partner). I went overboard with the supporting documentation and my permit was granted in 3 days - multiple entry and right to work for 6 months. This should buy you time while your EEA2 application is considered - I believe they've sorted (or are close to sorting) the backlog - my residence card took only 5 weeks. Hope this gives you some help / hope!

WellingtonKiwi
Junior Member
Posts: 53
Joined: Fri Dec 04, 2009 10:33 am
Location: London

Post by WellingtonKiwi » Tue Dec 08, 2009 11:03 pm

flyhoney wrote:
bee123 wrote:
kuka wrote:Hey guys!!!

Last update:

Received a letter from HO, which was mentioned earlier here. have anayone else receive something like that:

I am writing in response to your letter date 24 SEPTEMBER (!!!) regarding your application for residence in the United Kingdom. Your letter has been forwarded to me by the North West Customer Service Unit. I am sorry for the delay in replying.

I apologisefor the dely in dealing with your application which was submitted on 5 November 2008 and is currently assigned to relevant casework team.

Unfortunatelyoperational constraints and high number of applications recieved by the UK Border Agency has resulted in a delay in determining cases such as yours. We are taking measures to address such issues, with recruitment and training of additional staff.

I can inform you that your application is currently under ACTIVE consideration. the caseworker will ensure will ensure that the case is conducted to inform them of outcome once a decision has been reached.

Yours sincerely

Mrs C Hodson
Economic and Family Migration
at least something form HO to keep us going
well, i've got the same letter in November and our application is dated 15April. to be honest, we filed a complaint ourselves + through our mp already, so the letter seems to be some sort of reply to that.

i was wondering if it would help if i send another complaint/letter and attached my current pay slips and bank statements? we are very desperate for residence card. does anyone know who to possibly contact with my letters/requests/complaints? i still don't have the name of our case worker...

People please help!!!
You have my utmost sympathies! You can complain to:
Visa Customer Services
Visa Services Directorate
International Group UKBA
c/o Lunar House
40 Wellesley Road
Croydon
CR9 2BY

OR

Head of UK Visa Customer Services
Visa Services Directorate
International Group UKBA
c/o Lunar House
40 Wellesley Road
Croydon
CR9 2BY

If I were you I"d CC any complaint letter to your MP, and to the Immigration Minister. You should point out that they are in breach of the EEA regs, and also that they're required to respond in 20 days. Definitely get your MP's office to keep following this up!

flyhoney
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Joined: Tue Dec 08, 2009 10:12 pm

Post by flyhoney » Tue Dec 08, 2009 11:37 pm

thank you, i'll do that

i was also reading other people posts and am thinking now, would it be useful to send
1. my passport back to ho (they sent it to me after i needed to travel and mentioned in the letter i should not send it back, that they will contact me if they need it)
2. copies of the resent 3-6 month of payslips
3. bank statements of the past 3-6 month
since the 2+3 they have are definitely outdated now.

i also red somewhere when submitting documents in final stages of processing, it's best to include a pre-paid registered mail envelope so that the caseworker can mail you the card and your docs very fast.

what do you think? worth a shot? or should i just keep sending complaints?

fshah81
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Posts: 15
Joined: Mon Nov 23, 2009 10:40 am

Post by fshah81 » Tue Dec 15, 2009 1:44 pm

Has anyone got any updates??

kuka
Junior Member
Posts: 81
Joined: Tue Aug 11, 2009 10:19 am
Location: Birmingham

Post by kuka » Tue Dec 15, 2009 2:09 pm

Not really. I've contacted Solvit, they promised to push our case, but nothing much going on at the moment. I think HO nearly finished for Christmas break

fshah81
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Posts: 15
Joined: Mon Nov 23, 2009 10:40 am

Post by fshah81 » Tue Dec 15, 2009 3:04 pm

yes kuka. you are probably right. I think it will be in 2010 then.

hunpak
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Joined: Sun Oct 04, 2009 11:53 am
Location: London

EEA2 Appliaction under process

Post by hunpak » Fri Dec 18, 2009 5:28 pm

Hi friend

I recently (9 Dec) made an application and received (17 Dec) my COA Certificate of Application in a weeks time. i received it quite quick as compared to what i read over here. does this means i will get my application processed soon as well?

I want to travel to visit my mom as its bin 2 years i haven't seen her :( ..

Me: Pakistani\Student Visa till Oct 2010\MBA
Her: Hunagarian\EEA National
applied for COA: August 09 received Sept 09.
Got married: Nov 2009
EEA2 Appliaction: Applied 09 Dec 09
Received COA: 17 Dec 09
Rest waiting .......

fshah81
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Posts: 15
Joined: Mon Nov 23, 2009 10:40 am

Post by fshah81 » Sun Dec 20, 2009 9:25 am

Hunpak,
They have been quite quick with the new applications so hopefully you will not have to wait as much as most of us had to.

mark2009
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Joined: Tue Jun 09, 2009 12:22 pm

Post by mark2009 » Mon Dec 21, 2009 10:23 am

edwards79 wrote:its 20months for me still waiing but am getting on with my life, mayb no hols but am working, Am not going to allow the HO control my life, I dont een call them anymore. I submitted April 2008

I've been waiting for 19months too.
I called them in late November, the lady said on the 25th of Nov, my application has been put forward for quick decision. I felt good and was hoping.
I then called again on this last Friday, i was told my application is still under consideration...i felt depressed and deleted the HO phone nos from my phone.
I've decided not to call them anymore. They are bastards.
The more you call them, the more you hear different stories, they are capable of ruining your day.

hunpak
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Posts: 256
Joined: Sun Oct 04, 2009 11:53 am
Location: London

Post by hunpak » Tue Dec 22, 2009 1:02 am

fshah81 wrote:Hunpak,
They have been quite quick with the new applications so hopefully you will not have to wait as much as most of us had to.
thanks fshah81

i hope i get it quick as im very desperate at the moment.. secondly may i ask as my wife is due (shes bin here for nearly 5 years) resident permit or indefinite..so if i get my eea2 visa sorted soon and then we apply for her indefinite will i also get indefinite with her?

fshah81
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Joined: Mon Nov 23, 2009 10:40 am

Post by fshah81 » Tue Dec 22, 2009 9:55 am

Hunpak,

I think you have to be living in the Uk with your EEA spouse for five years before you can apply for indefinite leave i think... can anyone comment please.

kkk01
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Posts: 41
Joined: Fri Oct 02, 2009 6:09 pm

Post by kkk01 » Tue Dec 22, 2009 2:02 pm

fshah81 wrote:Hunpak,

I think you have to be living in the Uk with your EEA spouse for five years before you can apply for indefinite leave i think... can anyone comment please.
That's is absolutely correct.

fshah81
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Post by fshah81 » Wed Dec 23, 2009 11:38 am

I called home office now … they said the decision has been made today … they wouldn’t tell me about the decision over the phone ….they are saying that we will receive the documents back after holidays most likely …. So may be first week of January or something …. Lets c what happens ... it is a bit wierd beacause i thought they normally tell you over the phone if you have been granted RC .... may be they have rejected or whatever?? any comments

flyhoney
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Joined: Tue Dec 08, 2009 10:12 pm

Post by flyhoney » Wed Dec 30, 2009 7:01 pm

fshah81, did you get it/the letter ho was talking about now?

we've been waiting for 8,5 months now, filed all possible complaints (to ho, to european commission, via mp, and to solvit), but no reply. i'm the eu citizen, so i've sent ho my most recent payslips to show i'm still exersizing my eu rights in uk.

does anyone else know what to do now? all complaints have been submitted right after 6month expired, and also acknowledged. but my husbands eea2 is still in process.

somebody HELP pls??

mycase32
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Joined: Thu Nov 19, 2009 1:49 pm

Post by mycase32 » Wed Jan 13, 2010 8:06 pm

Hi guys ,

we have applied EEA2 (civil partner) As other guys im also in the waiting oh.......... forget to mention ACTIVE consideration from Last Nov 2009 dont know what to do now. Did all the stuff guys have been talking about sending complain, letter to MP/SOLVIT everything with no out come as well. Kind of stressed coz its been couple of months that i have not been working at all since aug 2009 (will that effect the application) and my partner is working full-time we have applied on 20th feb 2009. Is there anything else you guys can think of or anyone with good news on there end ????


:roll: :shock: :cry: :evil:

DFDS.
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Location: MIDLANDS.
Contact:

Post by DFDS. » Sat Jan 16, 2010 12:06 pm

Obie wrote:This is not a new thing at all. The UK authorities say that, the so called Extended family members have no rights, until an examination has been undertaken of their circumstance. Until such time as this examination is undertaken, they will have absolutely no rights.

However, there is a catch, if these people have been issued with an EEA family permit, then they will have rights to work in the UK immediately.

I have seen no where in the directive, which states that other family members should have no rights, until the Resident Card has been issued.

Essentially the UK, is saying that Article 23 or 24, does not apply to extended family members.
Obie OFM category is a very big problem for those applying in the UK. Not even solicitors do understand it. Its only those who fall under OFM that will understand the all issue. Last year solicitor had a seminar on that very issue where a number of experienced solicitors where invited to speak. Unfortunately we don't know about the out come from that seminar. People will just have to be strong and argue their cases with UKBA on this issue.
Relax! and this too shall pass, secrets are like seasons, they change.

nanaghana
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Joined: Sat Jan 02, 2010 3:43 pm

Post by nanaghana » Thu Jan 21, 2010 11:12 am

hi everybody, Any updates. Submitted my application in July 2008. Requested for my passport in March 2009. Caseworker requested back my passport in November 2009. Just called HO and was told its under active consideration. Anyone got residence permit recently?

fshah81
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Posts: 15
Joined: Mon Nov 23, 2009 10:40 am

Post by fshah81 » Thu Jan 21, 2010 6:59 pm

All,
I have recieved my RC this tuesday 19 of Jan 2010. I applied in Jan 09. Thanks for everyones help. I had to send the additional docs begining of dec 09.

kkk01
Newbie
Posts: 41
Joined: Fri Oct 02, 2009 6:09 pm

Post by kkk01 » Thu Jan 21, 2010 7:26 pm

fshah81 wrote:All,
I have recieved my RC this tuesday 19 of Jan 2010. I applied in Jan 09. Thanks for everyones help. I had to send the additional docs begining of dec 09.
Wow, Congrats Fshaha81!

What a sign of relive you must have now. Am so happy for you.


@Kuka

Any news from your side?

I'm still waiting, nothing from here. :(

nanaghana
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Joined: Sat Jan 02, 2010 3:43 pm

Post by nanaghana » Tue Jan 26, 2010 12:11 pm

Just called HO and was told decision was made yesterday. Wonder how many weeks more to keep waiting

So Frustrated
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Joined: Wed Jan 27, 2010 4:59 pm

Post by So Frustrated » Wed Jan 27, 2010 5:19 pm

I have submitted my application on the 16 February 2009, received my certificate on the 10th April 2009. Submitted supporting evidence that I am employed under Workers registration scheme with 12 months payslips in September 2009. Until today NOTHING. Wrote them letter, complained to MP and Solvit. NOTHING.

Anyone with similar waiting time?

I cannot take this any longer, my and husband are so stressed because he need to travel to do his work that is damaging our marriage.

kuka
Junior Member
Posts: 81
Joined: Tue Aug 11, 2009 10:19 am
Location: Birmingham

Post by kuka » Wed Jan 27, 2010 5:22 pm

So frustrated, I am so sorry to hear that it affecting your marriage.
Unfortunately that's the way HO works :(. We are still waiting from Nov 08. But I hope your case will be resolved soon.

kuka
Junior Member
Posts: 81
Joined: Tue Aug 11, 2009 10:19 am
Location: Birmingham

Post by kuka » Wed Jan 27, 2010 5:25 pm

kkk01 wrote:
fshah81 wrote:All,
I have recieved my RC this tuesday 19 of Jan 2010. I applied in Jan 09. Thanks for everyones help. I had to send the additional docs begining of dec 09.
Wow, Congrats Fshaha81!

What a sign of relive you must have now. Am so happy for you.


@Kuka

Any news from your side?

I'm still waiting, nothing from here. :(
Hi kkk01, I'm sorry to disspoint you but the same story here, nothing new, apart from that Solvit e-mailed me whether we have heard anything from HO. But nothing changed sinse :( booo

kuka
Junior Member
Posts: 81
Joined: Tue Aug 11, 2009 10:19 am
Location: Birmingham

Post by kuka » Wed Jan 27, 2010 5:28 pm

nanaghana wrote:Just called HO and was told decision was made yesterday. Wonder how many weeks more to keep waiting
Great news! Gush, that was a long wait!!!

So Frustrated
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Post by So Frustrated » Wed Jan 27, 2010 5:52 pm

kuka wrote:So frustrated, I am so sorry to hear that it affecting your marriage.
Unfortunately that's the way HO works :(. We are still waiting from Nov 08. But I hope your case will be resolved soon.
Wow, thats really long. Did they ever write to you if they need more documents or something?

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