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settlement VISA - Family member

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

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tobaktus
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settlement VISA - Family member

Post by tobaktus » Tue Mar 13, 2018 4:37 pm

I applied for a Settlement Visa as a family member of an EU national, that was August 2017, till today 13/03/2018 I have not received my Biometric letter. and HO doesn't respond, I even wrote to my Local MP,
yet no one knows anything, and I have been suspended from work since October 2017 so no money.
and I have no idea what to do Next. :( :( :cry:

if anyone can advise on this I would be grateful .

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Re: settlement VISA - Family member

Post by CR001 » Tue Mar 13, 2018 4:41 pm

Did you apply within the UK or from abroad?

What nationality is your EU national sponsor?

What is your relationship to the EU sponsor??

If your sponsor is EU (not British), then settlement visa is NOT the correct visa.

What is your UK immigration history?
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Re: settlement VISA - Family member

Post by tobaktus » Tue Mar 13, 2018 4:50 pm

hi, thanks for your reply,

I applied within the UK, and Im married to a Polish National since 2011.
we came to the UK late 2010. and we live here ever since and I work for the NHS.

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Re: settlement VISA - Family member

Post by CR001 » Tue Mar 13, 2018 4:52 pm

Settlement visa is a spouse visa under the UK immigration rules (i.e. spouse of a British citizen).

How much did you pay for the application you made and what form exactly did you complete??

You either need to apply for PR if you qualify or an EEA residence card as the spouse of an EU citizen.
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Re: settlement VISA - Family member

Post by tobaktus » Tue Mar 13, 2018 4:56 pm

Im sorry I think I got lost between all these legal terms, I think we did apply for a PR, but we paid a Solicitor to do it for us, and to be honest she is useless, she caused us more trouble and more stress than HO, not responsive at all.

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Re: settlement VISA - Family member

Post by CR001 » Tue Mar 13, 2018 5:02 pm

And have you checked with the solicitors office whether any letters have been received or documents returned??
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Re: settlement VISA - Family member

Post by tobaktus » Tue Mar 13, 2018 5:06 pm

yes, they sent our application back after 6 months, on the ground that they were unable to collect the payment, then solicitor refilled bank info again and sent back to HO that was in Jan.
today I tried to call HO and finally got to some nice lady who took my details then I received and email for an update on the case, they still gave me the date they sent back my application which was back in Jan.

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Re: settlement VISA - Family member

Post by tobaktus » Tue Mar 13, 2018 5:33 pm

:( :( :cry: :cry: :cry:

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Re: settlement VISA - Family member

Post by Obie » Tue Mar 13, 2018 7:09 pm

How about your employment. Did you get your COA, and is your work okay?
What, then, shall we say in response to these things? If God is for us, who can be against us?

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Re: settlement VISA - Family member

Post by tobaktus » Tue Mar 13, 2018 7:23 pm

Obie wrote:
Tue Mar 13, 2018 7:09 pm
How about your employment. Did you get your COA, and is your work okay?
no I still can not work because HO does not give permission to my employer for me to work.

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Re: settlement VISA - Family member

Post by tobaktus » Tue Mar 13, 2018 7:33 pm

My employer keeps asking for a proof that Im allowed to work in the UK, which should come from HO but
the HO did not approve yet nor did get a Biometric notice letter which would help in my case.

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Re: settlement VISA - Family member

Post by Obie » Tue Mar 13, 2018 7:36 pm

tobaktus wrote:
Tue Mar 13, 2018 7:23 pm
Obie wrote:
Tue Mar 13, 2018 7:09 pm
How about your employment. Did you get your COA, and is your work okay?
no I still can not work because HO does not give permission to my employer for me to work.
And your lawyer has done nothing about this. It is crazy, as you seem like a person who has a right to work, you should not have to be deprived of this right because of a lawyer.

You must get back to work quickly. What is your employer saying, have they formally dismissed you?
What, then, shall we say in response to these things? If God is for us, who can be against us?

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Re: settlement VISA - Family member

Post by tobaktus » Tue Mar 13, 2018 7:46 pm

Im only suspended at the moment, they should have terminated my contract long ago but they cant afford to lose me thats why they are holding on to me, but my lawyer says she cant do nothing, and to be honest she is not helpful at all, in fact I would go and say that caused us more stress and than the HO and she is not responsive at all, which drives me crazy, which makes me think of suing her.

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Re: settlement VISA - Family member

Post by Obie » Tue Mar 13, 2018 7:49 pm

I find this situation very disheartening, you should not be in this position. Did you tell the NHS that you are a family member of an EEA national?
What, then, shall we say in response to these things? If God is for us, who can be against us?

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Re: settlement VISA - Family member

Post by tobaktus » Tue Mar 13, 2018 7:52 pm

Obie wrote:
Tue Mar 13, 2018 7:49 pm
I find this situation very disheartening, you should not be in this position. Did you tell the NHS that you are a family member of an EEA national?

yes they know that, but they say they still need a proof that I can work in the UK, its the law.

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Re: settlement VISA - Family member

Post by Obie » Tue Mar 13, 2018 8:20 pm

Your dismissal is unlawful and you will be able to claim unlawful dismissal or wrongful deductions of wages if you have not been paid.
What, then, shall we say in response to these things? If God is for us, who can be against us?

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Re: settlement VISA - Family member

Post by tobaktus » Tue Mar 13, 2018 8:26 pm

Obie wrote:
Tue Mar 13, 2018 8:20 pm
Your dismissal is unlawful and you will be able to claim unlawful dismissal or wrongful deductions of wages if you have not been paid.
Are you sure? is there something in the law to say so? mate I have not been paid since October 2017.
and Im on the edge now, me and my partner we can barely make it day to day, week to week.

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Re: settlement VISA - Family member

Post by Obie » Tue Mar 13, 2018 8:38 pm

What, then, shall we say in response to these things? If God is for us, who can be against us?

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Re: settlement VISA - Family member

Post by tobaktus » Tue Mar 13, 2018 8:46 pm

Im really grateful for all this information, you just lifted my spirit from the bottomless bit.
sorry if im being greedy , could you possibly point me to a lawyer, if you are a lawyer, and the cost of such cases, you just made my day, but this would be major help.

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Re: settlement VISA - Family member

Post by Obie » Tue Mar 13, 2018 9:04 pm

I believe the first step is to send a PAP to Home Office about the COA.

Then take the Employer to the Tribunal by first getting ACAS involved and receiving a certificate from them.

I hope your wife has been continuously exercising treaty rights.
What, then, shall we say in response to these things? If God is for us, who can be against us?

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