ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

EEA4 fast processing times or wishful thinking

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

Locked
Aladin0987
Junior Member
Posts: 63
Joined: Sat Oct 06, 2012 3:18 pm

Post by Aladin0987 » Tue Jan 08, 2013 9:35 am

hi gyz thanks for ur reply
my main concern now is that they have not sent an appeal form and ask me to leave the uk :lol:
how can I get an appeal form?
can I use Imigration or solicitor letter in the past as a proof of address?
If I ask the other utility bill company to send me a copy of bills in the past do you think it is officially recognised as a proof of address?


document sent with the appilcation:Permanent resident Card of my wife+my ID+Marriage Certificate+bank statment of my wife+p60+p45+joint tenansy aggrement+joint water utilitty bill+etc... from 2006 to 2012

Something isnt right nd I assume it is not the application form lol

Marco25
Newly Registered
Posts: 18
Joined: Mon Jan 07, 2013 11:59 pm

Eea4 applications

Post by Marco25 » Tue Jan 08, 2013 10:54 am

Hi Aladin,
According to to the EU law as long as you still married to your europian wife they can not send you back no way no how, don't worry about that, just hire an immigration solicitor will do the job fo you. In other hand regarding your right of appeal if you don't produce your valid passport and your wife passport or her ID they don't give you a right of appeal, you need to show them your national passport from yourself not your ID as you are not europian national yourself. Home office only accept ID from EU countries. If you go to home office website and read case workers guidelines on EEA application clearly written if you don't send valid passport they refuse you without right of appeal.

spike_UK
Senior Member
Posts: 508
Joined: Mon Feb 27, 2012 11:54 am
Location: Burton upon Trent
Contact:

Re: Eea4 applications

Post by spike_UK » Tue Jan 08, 2013 12:56 pm

Marco25 wrote:Hi Aladin,
According to to the EU law as long as you still married to your europian wife they can not send you back no way no how, don't worry about that, just hire an immigration solicitor will do the job fo you. In other hand regarding your right of appeal if you don't produce your valid passport and your wife passport or her ID they don't give you a right of appeal, you need to show them your national passport from yourself not your ID as you are not europian national yourself. Home office only accept ID from EU countries. If you go to home office website and read case workers guidelines on EEA application clearly written if you don't send valid passport they refuse you without right of appeal.
Yes you right but Aladin doesn't have a national passport either, that is why he has never travelled no where even he has RC,
Aladin, bro about deportation please just ignore that( you are a married man) and about the bills, this is driving me mad because as long as your name(whether joint or alone) is on the utilities bills and tenants agreement it means proof of address, so there must be something else. please don't give up and you will win.
Applied for EEA4 on 24/02/2012.
HO received on 27/02/2012.
Refusal received on 16/08/2012 dated 11/08/2012
At the court, the HO REP withdrawn the decision and asked me to send the DOC for the time before marriage.
PR dated 05/03/2013

Aladin0987
Junior Member
Posts: 63
Joined: Sat Oct 06, 2012 3:18 pm

Post by Aladin0987 » Tue Jan 08, 2013 1:48 pm

much appreciate ur comments, I do have a thingy called an ARC card wich is issued by home office for asylum seekers and it is not the issue.

gyz I need to know -how long is the deadline for appeal and how to get the appeal form as they did not enclose one with the refusal letter.
-wheather an officeal utility bill COPY wich provided by water company is recognised as a genuine bill officeally?
-how can I invite independant body in to the court to watch if they do not deny my right unlawfully in case if they buy the judge and maniplate the hole scenario.

I desperately fancy a late dusky evening walk with Pat Finucane...

Aladin0987
Junior Member
Posts: 63
Joined: Sat Oct 06, 2012 3:18 pm

Post by Aladin0987 » Tue Jan 08, 2013 1:51 pm

Aladin0987 wrote:much appreciate ur comments, I do have a thingy called an ARC card wich is issued by home office for asylum seekers and it is not the issue.

gyz I need to know -how long is the deadline for appeal and how to get the appeal form as they did not enclose one with the refusal letter.
-wheather an officeal utility bill COPY wich provided by water company is recognised as a genuine bill officeally?
-how can I invite independant body in to the court to watch if they do not deny my right unlawfully in case if they buy the judge and maniplate the whole scenario.

I desperately fancy a late dusky evening walk with Pat Finucane...

Marco25
Newly Registered
Posts: 18
Joined: Mon Jan 07, 2013 11:59 pm

Eea4

Post by Marco25 » Tue Jan 08, 2013 2:19 pm

Hi Aladin,
Friend of mine is a immigration solicitors I will explain your case to him and come back with answer to you hopefully tomarrow, but need to ask you some question if you don't mind?
Are you still married?
Part from you wife pr, did you also send her passport with your application?
Did you wife had a full time job for last 5 years?
In order to apply for PR eea4 you must be living in the uk for 5 years according to the EU law as your time here before as an asylum doesn't count toward your 5 years residency, your 5 years start from the date you married and your married recognise by home office, if you we're legally in the country before married with any sort of visa you could argue that you been living here for long time. your 5 years residency starts from the date you married.

Aladin0987
Junior Member
Posts: 63
Joined: Sat Oct 06, 2012 3:18 pm

Post by Aladin0987 » Tue Jan 08, 2013 7:09 pm

Marco my wife has got Permanent Resident Card and has a full time job since June 2006 and still work full time and propebly forever, and as far as I am concern we r still together and she is still my wife lol
we literally have been married for 5 years and lived together for 7 years.

My qustiouns are these:
1-if an european national allready have a Permanent resident Card after a succesfull EEA3 application dose the Non-EU family member still need to provide proof of address?
2-are copies of utility bill which provides by the provider company can be recognised officeally as a proof of address? as I lost some of the none joint account's original bills, but as I called the companies they were fair and able to send me the same bills with the word COPY on them.
3-how to appeal as they have not send the appeal form but I do have a right to appeal, and how many days do I have before my appeals deadline?

please get me these answers if u could, nd I thank u for ur concern.

"I never think of the future. It comes soon enough." 8)

Vinnie21
Newbie
Posts: 41
Joined: Mon Jan 07, 2013 8:59 pm

Post by Vinnie21 » Tue Jan 08, 2013 8:35 pm

Aladin0987 wrote:Marco my wife has got Permanent Resident Card and has a full time job since June 2006 and still work full time and propebly forever, and as far as I am concern we r still together and she is still my wife lol
we literally have been married for 5 years and lived together for 7 years.

My qustiouns are these:
1-if an european national allready have a Permanent resident Card after a succesfull EEA3 application dose the Non-EU family member still need to provide proof of address?
2-are copies of utility bill which provides by the provider company can be recognised officeally as a proof of address? as I lost some of the none joint account's original bills, but as I called the companies they were fair and able to send me the same bills with the word COPY on them.
3-how to appeal as they have not send the appeal form but I do have a right to appeal, and how many days do I have before my appeals deadline?

please get me these answers if u could, nd I thank u for ur concern.

"I never think of the future. It comes soon enough." 8)
wots the reason refusal it doesn't make any sense at all wot does the paper say abt the refusal ?

Vinnie21
Newbie
Posts: 41
Joined: Mon Jan 07, 2013 8:59 pm

Re: Eea4

Post by Vinnie21 » Tue Jan 08, 2013 8:39 pm

Marco25 wrote:Hi Aladin,
Friend of mine is a immigration solicitors I will explain your case to him and come back with answer to you hopefully tomarrow, but need to ask you some question if you don't mind?
Are you still married?
Part from you wife pr, did you also send her passport with your application?
Did you wife had a full time job for last 5 years?
In order to apply for PR eea4 you must be living in the uk for 5 years according to the EU law as your time here before as an asylum doesn't count toward your 5 years residency, your 5 years start from the date you married and your married recognise by home office, if you we're legally in the country before married with any sort of visa you could argue that you been living here for long time. your 5 years residency starts from the date you married.
the residency starts when he set foot on uk from that date not from marriage certificate .

Vinnie21
Newbie
Posts: 41
Joined: Mon Jan 07, 2013 8:59 pm

Post by Vinnie21 » Tue Jan 08, 2013 8:41 pm

Aladin0987 wrote:hi gyz thanks for ur reply
my main concern now is that they have not sent an appeal form and ask me to leave the uk :lol:
how can I get an appeal form?
can I use Imigration or solicitor letter in the past as a proof of address?
If I ask the other utility bill company to send me a copy of bills in the past do you think it is officially recognised as a proof of address?


document sent with the appilcation:Permanent resident Card of my wife+my ID+Marriage Certificate+bank statment of my wife+p60+p45+joint tenansy aggrement+joint water utilitty bill+etc... from 2006 to 2012

Something isnt right nd I assume it is not the application form lol
it could the wrong application form or u didn't fill it as they wanted

Marco25
Newly Registered
Posts: 18
Joined: Mon Jan 07, 2013 11:59 pm

Post by Marco25 » Tue Jan 08, 2013 11:54 pm

Hi all, as far as I can see and read here home office does not comply with EU law accordingly, I don't know how they can justify there bulling attitude towards applicant, it came in the news while ago that EU taking uk to Europian court of justice as they not complying with what they agreed and sign for. They causing so much stress and effecting so many indivisualls and familly for there poor service, the EEA application process time should not take more than few weeks, I remember once they put survey on home office for fee of £500 they wanted to offer same day service which was rejected by EU as they said under EU law these application must be free, so the question is here if they can deal with cases in one day how they justify 6 month????

Aladin0987
Junior Member
Posts: 63
Joined: Sat Oct 06, 2012 3:18 pm

Post by Aladin0987 » Wed Jan 09, 2013 9:50 am

Nothing wrong with my application and the reason for refusal after 11 months is this "Jointly named document dose not specify your definite residence in the United Kingdom" therefore your application for Permanent Residence is refused :lol: what a regime

Aladin0987
Junior Member
Posts: 63
Joined: Sat Oct 06, 2012 3:18 pm

Post by Aladin0987 » Wed Jan 09, 2013 1:30 pm

Gyz an urgent question,
Is it better to go for oral hearing or do a paper hearing?
which one has a better succes chance?
and do I have to pay for my appeal??????
Plz answer

lucky802
Newly Registered
Posts: 7
Joined: Mon Apr 02, 2012 10:29 am
Location: London

Post by lucky802 » Wed Jan 09, 2013 10:17 pm

Hi all, just wanted to share my application timelines. Applied for PR and retention of rights together:
15.08.2012 - posted
10.10.2012 - COA received
08.01.2013 - PR received.
Thank you to everyone who advised on my case on this forum!

MissS
Newly Registered
Posts: 9
Joined: Tue Jan 08, 2013 2:28 pm
Location: Birmingham England

Question:

Post by MissS » Thu Jan 10, 2013 4:17 pm

Hello everyone,
First, my background. I am non-EEA, unmarried partner to EEA. Application for permanent RC made 14/12/12, COA received 24/12/12 (dated 17/12/12). I have already made the application, but I am wondering about a few things now. First of all, for the evidence that I, non-EEA, have been residing in UK continuously for the past 5 years. I sent them my old passport which has my 5 year RC attached (the RC expired 18/12/12/), and a covering letter. The covering letter explains that my old passport expired in October 2007 and I have obviously not been able to travel since then, as I could not get a new passport from my embassy til middle of this year. I am now unsure if this is enough evidence that I have been in the UK for the past 5 years? When I sent the application I thought it would be quite obvious that I can't have left the country if my passport is expired, but reading on here some of the reasons the UKBA has given for sending back applications, I am starting to doubt myself. Any insights? Thanks.

Aladin0987
Junior Member
Posts: 63
Joined: Sat Oct 06, 2012 3:18 pm

Post by Aladin0987 » Thu Jan 10, 2013 7:26 pm

Hi every
as I got refused for EEA4, now I am going to appeal and there is 5 grounds that I need to choose one of them,
dose any one know on what ground I should appeal?

The five grounds of appeal are as follow:

1-The decision is not in accordance with immigration rules
2-The decision is unlawful because it racially discriminates against you
3-the decision breaches rights which you have as a member of an EEA national's family under Community Treaties relating to entry to or resience in the United Kingdom
4-The discretion under the immigration rules should have been exercised differently.
5-The decision is otherwise not in accordance with the law

spike_UK
Senior Member
Posts: 508
Joined: Mon Feb 27, 2012 11:54 am
Location: Burton upon Trent
Contact:

Post by spike_UK » Fri Jan 11, 2013 10:58 pm

Aladin0987 wrote:Hi every
as I got refused for EEA4, now I am going to appeal and there is 5 grounds that I need to choose one of them,
dose any one know on what ground I should appeal?

The five grounds of appeal are as follow:

1-The decision is not in accordance with immigration rules
2-The decision is unlawful because it racially discriminates against you
3-the decision breaches rights which you have as a member of an EEA national's family under Community Treaties relating to entry to or resience in the United Kingdom
4-The discretion under the immigration rules should have been exercised differently.
5-The decision is otherwise not in accordance with the law
Hi Aladin, ground 5.
That is what I appealed against.
Applied for EEA4 on 24/02/2012.
HO received on 27/02/2012.
Refusal received on 16/08/2012 dated 11/08/2012
At the court, the HO REP withdrawn the decision and asked me to send the DOC for the time before marriage.
PR dated 05/03/2013

Marco25
Newly Registered
Posts: 18
Joined: Mon Jan 07, 2013 11:59 pm

Eea4

Post by Marco25 » Sat Jan 12, 2013 10:24 am

Hi.
Aladin I would suggest to no 3, which is related to EU regulation, you have applied under EU law not under uk immigration law. Your asylum case is under uk immigartaion law but your eea4 application is under EU law.

Aladin0987
Junior Member
Posts: 63
Joined: Sat Oct 06, 2012 3:18 pm

Post by Aladin0987 » Sat Jan 12, 2013 3:04 pm

Thanks marco yes that is what I meantioned earler to spike , but thanksfully I found a solicitor and she is going to appeal it for me and I had around 6 private consultation with different solictors , after they saw the notice of decision and the Reasons of Refusal the majority of them were shocked and said you have a very strong case dont even try to apply for EEA4 again yet, at the mean time your case is a bit unusual and suspicious.

Bad days brought me up on street, it is almost impossible to let me down!

Aladin0987
Junior Member
Posts: 63
Joined: Sat Oct 06, 2012 3:18 pm

Post by Aladin0987 » Tue Jan 15, 2013 9:42 am

I cant understand why there is no comment when it needed but when I comment about UKBA cruelty there is always a following comment onley to derail my comments?!

The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it. :wink:

Locked
cron