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UKBA To Charge For EEA Applications

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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sjimoh112
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UKBA To Charge For EEA Applications

Post by sjimoh112 » Fri Apr 22, 2011 10:56 pm

Hi guys, please feel free to contribute to this topic. In-case you haven't heard or seen this- ukba is to charge 300£ for eea applications.

UKBA- 'There is no fee for applications made by post or in person at the moment under European law. We will be introducing a fee of £300 for applications made in person at our public enquiry office in the future, but there will no fee for applications made by post. We will update the website when the fee for applying in person is introduced'.

What do you think guys?


http://www.ukba.homeoffice.gov.uk/eucit ... /applying/
[Moderator Edit]

flames
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Post by flames » Sat Apr 23, 2011 12:05 am

I would be happy to pay that fee as long as i walk away with the visa and not get any talk about further enquiries after paying such a seemingly extortinate fee of £300. I just hope they wont divert resources to the one day service at the expense of the postal applications.

vinny
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Post by vinny » Sat Apr 23, 2011 12:17 am

Charging a fee is contrary to 16(7), 17(7) and 18(4).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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SunBlue
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Post by SunBlue » Sat Apr 23, 2011 7:04 am

Vinny, I know that the charge shouldn't be there, etc. But strangely they also charge in Germany and the Netherlands... In Germany it's about 80 EUR! How can they do this too?

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Post by fysicus » Sat Apr 23, 2011 8:09 am

Of course 300 pounds amounts to extortion, especially when the alternative (by post) takes so incredibly long.

Only when the average processing time of any EEA application is well below one month, charging a fee for a premium service might be considered because then people have a real choice.

Charging a moderate fee is allowed under the EU directive, but I don't think 300 pounds qualifies as moderate.

keffers
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Post by keffers » Sat Apr 23, 2011 8:36 am

Stop moaning.

Just like people who use this forum, UKBA are perfectly capable of making literal interpretations of legislation.

To issue, means to give and is the end part of a process. UKBA can easily argue that the issuing is free but an enhanced process on request must be paid for.

Free? I did not know the UKBA staff worked for nothing in buildings free from rent, rates and heating bills. Other people are paying for the service through their tax. Get real.

os_sbs
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Post by os_sbs » Sat Apr 23, 2011 9:25 am

i would be happy to £300 to get my application sorted ASAP. Especially after i had to wait for 18 (!!) months for my EEA2 to be approved.

paying fee when applying in person still leaves the option free of charge for applications by post so I think it's a good alternative for months of waiting and being stuck in the country.

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Post by Nimitta » Sat Apr 23, 2011 9:31 am

keffers wrote:Free? I did not know the UKBA staff worked for nothing in buildings free from rent, rates and heating bills. Other people are paying for the service through their tax. Get real.
It looks like you are not aware of the fact that each EU country's citizens cover similar expanses through their tax for FREE visa entrance and residence permit's for guests from other EU states. When the EU countries were signing it I think they knew about rent and heating bills. So, get real.

keffers
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Post by keffers » Sat Apr 23, 2011 4:02 pm

os_sbs wrote:i would be happy to £300 to get my application sorted ASAP. Especially after i had to wait for 18 (!!) months for my EEA2 to be approved.

paying fee when applying in person still leaves the option free of charge for applications by post so I think it's a good alternative for months of waiting and being stuck in the country.
Thank goodness for that bit of common sense and reasonableness.

What about the poor person who lives hundreds of miles away from the office where it can be made in person. If it were free should they have their bus fare paid as well?

Its a small investment to make when one considers the benefits. Stop being such cheapskates.

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Post by Nimitta » Sat Apr 23, 2011 5:33 pm

keffers wrote:Stop being such cheapskates.
It would be nice if you stop being rude.

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Post by Obie » Sat Apr 23, 2011 6:09 pm

The bottom line is this policy is illegal. It is not about affordability or rich and poor business. It is simply about conformity with community law and national laws adopted to implement community law. I am in strong agreement with vinny and others that national rules forbid charging for these application, and community law forbid charging more than the fee charged to national of the memberstate for equivalent documents.

Community law provision is not a commodity that can be sold, or has tier system depending on someones bank balance.

In Denmark, Netherlands, Germany and other, aoplication of these sorts are dealt with in a day, free of charge, or for less than this extortionate fees charges by these corrupt and inept institution called the UKBA.

I hope the commission is taking note of this unlawful practice.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

keffers
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Post by keffers » Sat Apr 23, 2011 7:29 pm

In Denmark, Netherlands, Germany and other, aoplication of these sorts are dealt with in a day, free of charge, or for less than this extortionate fees charges by these corrupt and inept institution called the UKBA.
There is no more corrupt institution than the EU. Its accounts have not been signed off in 16 years. A truly corrupt, unaccountable institution if ever there were one.

Handy for riding roughshod over national immigration laws and a goldmine for immigration lawyers, nevertheless.

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Re: UKBA TO CHARGE FOR EEA APPS

Post by khan2015 » Sun Apr 24, 2011 6:30 am

sjimoh112 wrote:Hi guys, please feel free to contribute to this topic. In-case you haven't heard or seen this- ukba is to charge 300£ for eea applications.

UKBA- 'There is no fee for applications made by post or in person at the moment under European law. We will be introducing a fee of £300 for applications made in person at our public enquiry office in the future, but there will no fee for applications made by post. We will update the website when the fee for applying in person is introduced'.

What do you think guys?


http://www.ukba.homeoffice.gov.uk/eucit ... /applying/

Hi guys,I think its a good news at least now we don't have to wait in months when they are going to charge for the applications any update?

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Post by John » Sun Apr 24, 2011 8:59 am

Vinny has already provided a link to the UK's regulations. I have looked at the EU Directive. Here is Article 25 :-
Article 25

General provisions concerning residence documents

1. Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof.


2. All documents mentioned in paragraph 1 shall be issued free of charge or for a charge not exceeding that imposed on nationals for the issuing of similar documents
So that seems pretty clear to me. I wonder what sort of document UKBA thinks there is a charge for £300 for that is imposed on nationals?

I shall be pointing this matter out to my MP and asking him to ascertain how UKBA thinks that such a charge does not contravene the terms of the EU Directive, or indeed the UK's regulations made to bring such Directive into force in the UK.
John

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Post by vinny » Sat Aug 20, 2011 9:05 am

jimmyharris wrote:Good News for all EEA Route Applicant.

EEA Route Premium services will be starting from next month 15-08-2011.
EEA1 will be processed free as it is now but
EEA2,3,4and dependants will be charged £300 not for application cost but to be served for the same day (Only Straight Forward Applications).

Best Of LUCK.
Mrfantastic wrote:i've just checked on ukba website and couldn't find a link to the news u've just given, how do u know the service will start august? could you please post a link to verify/confirm this. thanks
WONDERLUSTI wrote:where did you read this, the UKBA website makes no reference to this, as i understand, it is on hold as there have been a number of legal challenges, to this proposal.
Obie wrote:I was thinking the same. The last we heard was on the 29 June, when it was stated that updates will be provided in due course. 

I believe the UK will have to make regulations, in order to bring this policy to life. There is no proposal on the table for this as yet, added to the fact that they have to sought approval from the European Commission or law makers, on whether this will be compatible with community law or not.

In the absence of concrete evidence, i will advice viewer or potential postal applicant  to ignore this, and carry on with the on going policy.
jimmyharris wrote:We got this info. in fax.


Fax was received yesterday.

They might have not updated yet on their web-site.

But it is confirmed.
fysicus wrote:I voiced my opinion about this various times, and it hasn't changed.

Straightforward applications should normally be decided (via the existing postal procedure) within say two weeks, a month at the very most. Other EU countries manage to do that, why not UK?

Because of a (deliberate?) lack of resources there is a big backlog, and hence a market for this extortionate premium service.

By the way, how should one decide if an application is straightforward? What if you submitted your application, paid the fee, and then for some reason during the processing it is considered to be not straightforward: will you then get your money back?
Mrfantastic wrote:
jimmyharris wrote:We got this info. in fax.


Fax was received yesterday.

They might have not updated yet on their web-site.

But it is confirmed.
jimmyharris did u ask for this information through 'freedom of information' from the homeoffice? just trying to work out how you come across receiving a fax from ukba, well it goes both ways...some people might like this premium service as it saves them time and hassle having to send their passport away for months whereas they can just pay £300 and have the application dealt with in a day and also save confusions when it comes to applying for British citizenship because they can apply 12months from the date of issue of the PR and not having to send loads of payslips and p60s....and other might not like this idea at all because this might slow down postal applications as ukba might not have enough staffs to deal with the postal services having staffs focus on the premium services anyway we'll see if this is true.
alekos wrote:
fysicus wrote:I voiced my opinion about this various times, and it hasn't changed.

Straightforward applications should normally be decided (via the existing postal procedure) within say two weeks, a month at the very most. Other EU countries manage to do that, why not UK
I still don't know why it can't be done in the Register Office. They do Births, Marriage, Deaths Certificates, merely confirming what has already happened. Residence Cards are a confirmation of a right.  :evil:
Directive/2004/38/EC wrote:
Mrfantastic wrote:also save confusions when it comes to applying for British citizenship because they can apply 12months from the date of issue of the PR and not having to send loads of payslips and p60s....
This is wrong.  

You can apply for British citizenship one year after you get PR.   This is typically 5+1 years after you arrive in the UK. 

That can be very different from when you get a PR Card.   You normally get the card a few months after whenever you apply for it (which is after you have PR).

Note that you do not need to have a PR Card to apply for British Citizenship.
31gstonepark wrote:how and when can I book an appointment for the EEA Route Premium services?? i think it could be easier rather than waiting for half a year for a response. my application took like 8 months to be considered. and it was a straightforward one. thank you fr info in advance. xx
khan2015 wrote:
jimmyharris wrote:We got this info. in fax.


Fax was received yesterday.

They might have not updated yet on their web-site.

But it is confirmed.
Thanks mate.If you have no problem can you please post that fax on this forum so that would be great.In order to understand,yes at last its going to be implemented.Many Thanks
Mrfantastic wrote:
jimmyharris wrote:We got this info. in fax.


Fax was received yesterday.

They might have not updated yet on their web-site.

But it is confirmed.
if this information is true (i'm not saying it isn't) i would imagine the ukba to have updated their website telling people about this a month before it's meant to be implemented. i thought people are meant to book well in advance when applying at one of the peo's office.
dotsystem wrote:i suggest jimmyharris should refrain from undocumented, bogus, misleading and vague information on this board. If you cant prove anything, dont say it.
imraniqbal2010 wrote:
dotsystem wrote:i suggest jimmyharris should refrain from undocumented, bogus, misleading and vague information on this board. If you cant prove anything, dont say it.
Any update on this info,
If it really gonna start next month
Qman wrote:If you notice, jimmyharris has been banned from the site... this could be due to him being a wind up merchant who just wanted to get everyone's hopes up. Or he might have done something else to get banned, we'll never know. So take anything he said with a pinch of salt, especially when he was asked for evidence and couldn't provide any.
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pinkpanter wrote:Does anyone have any idea when EEA Premium Service would be start? Do you prefer this service if it starts soon? :?:  :?:
alekos wrote:http://www.ukba.homeoffice.gov.uk/sitec ... um-service

I suppose this will be the place to visit when and if the announcement comes.
pinkpanter wrote:Thank alekos!

I know this link. Just want to know whether how many would prefer this service?
Punjab wrote:
pinkpanter wrote:Thank alekos!

I know this link. Just want to know whether how many would prefer this service?
i don't think so much as the same thing can be done for free except postage prices,.
seputus wrote:I would very much prefer this service!
alekos wrote:I'd prefer an actual card, ordered in a council office for about £60. I hear that's the way it gets done in Austria. 
It might happen when the cuts at the UKBA start to bite.
imraniqbal2010 wrote:Premium service is still under consideration and there is no fixed date announced yet for this service.
pinkpanter wrote:I think it would be better for those who are employed and need to show proof of employment. I think better to pay £300 then waiting Four to Six months waiting time with lot of headeche and stress and compromising your trevelling plans etc.

It is believed that One day cricket is better than 5 days test cricket (where you dont know the result though).
-----
imraniqbal2010 wrote:Any update on EEA route Premium service?
That when they gonna launch.
Plum70 wrote:Keep checking the UKBA website. If any news materialises, it should be on there.
John wrote:
when they gonna launch.
I suspect never! My reasoning is that the EU Directive is quite clear, EEA applications are to be free, so suspect that they are getting legal advice that it is not possible to charge, even for a Premium Service.

But we wait and see what happens.
Qman wrote:That's what I thought, but they seem to have a way round it. But right now they can't justify the backlog of pending applications so they probably need to clear that/offer the unduly delayed ones same day service for free.

Here's their rationale behind the how they'll get round the EU regs. (page 19)
John wrote:I am aware their argument is :-
This fee follows the Free Movement Directive and is not set towards the cost of the document, but the actual appointment on the basis of the additional cost to process applications at the Public Enquiry Office
-: but I suspect they now realise the argument does not hold up from the legal point of view. 

If the fee is introduced I look forward to someone paying the fee, and after the document is issued, asking for their money back, and commencing legal action if need be.
seputus wrote:
John wrote:I am aware their argument is :-
This fee follows the Free Movement Directive and is not set towards the cost of the document, but the actual appointment on the basis of the additional cost to process applications at the Public Enquiry Office
-: but I suspect they now realise the argument does not hold up from the legal point of view. 

If the fee is introduced I look forward to someone paying the fee, and after the document is issued, asking for their money back, and commencing legal action if need be.
But I thought the EU regulations do allow them to charge anyway (a reasonable fee), and besides - doesn't Austria do that already??

" 2.   All documents mentioned in paragraph 1 shall be issued free of charge or for a charge not
exceeding that imposed on nationals for the issuing of similar documents"
86ti wrote:From the link above
From June this year the service will be available to those EEA nationals applying under EEA 2, 3 and 4.  There will be provisions for EEA1 applications to be dealt with free of charge but only if submitted with an associated EEA 2 or 4 charged application. The fee of £300 is payable for each application and a fee of £300 is payable for each dependant.

This fee follows the Free Movement Directive and is not set towards the cost of the document, but the actual appointment on the basis of the additional cost to process applications at the Public Enquiry Office. The service will be introduced on a limited basis and by appointment only.  An EEA or Swiss National applying for a registration certificate (EEA1) in their own right may continue to do so free of charge and by appointment through Croydon Public Enquiry Office only.
The bold text is their actual argument because Article 25(2) only mentions charges for documents.  The UKBA would be in trouble there because there are no similar documents for UK nationals.

The UKBA would also need to explain why charges apply in some case but not in others.  I also wonder how they arrived at £300 but maybe that is because they need to limit the service...
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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rachellynn1972
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Post by rachellynn1972 » Sun Aug 21, 2011 11:58 am

The fees is okay as long it will be refundable if your application fail, if not ukba will using it to get money from people like the way they do on visa fees for non eea.
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Post by Directive/2004/38/EC » Sun Aug 21, 2011 12:12 pm

I think the UK is on very shaky ground charging a fee for express consideration of the Residence Card. They already must issue it "as soon as possible".

ECJ Case C-157/03, Commission v Spain [2005]
45 It must be pointed out that under Article 5(1) of Directive 64/221 the Member State must take a decision on whether to grant a residence permit as soon as possible and in any event not later than six months from the date on which the application was submitted.

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Post by pinkpanter » Sun Aug 21, 2011 1:42 pm

I will appreciate this services fee, providing refundable if your application fail. It depends on the circumstances i.e. your job is on sake, or travelling plans, etc. It will definately helps a lot of applicants.

The fee should not be more than £100.
Last edited by pinkpanter on Sun Aug 21, 2011 2:51 pm, edited 1 time in total.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Aug 21, 2011 2:01 pm

pinkpanter wrote:I will appreciate this services fee, providing refundable if your application fails. It depends on the circumstances i.e. your job is on sake, or travelling plans, etc. It will definately helps a lot of applicants.

The fee should not be more then £100.
The point is they are legally required to have fast turn around for ALL applications without charging additional fees.

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Post by mcovet » Mon Aug 22, 2011 10:00 am

+1 Agreed!!!

The argument is, if they can have additional resources to process the premium applications, why not use those same resources to process the ordinary applications on the "as soon as possible" basis!!!

Anyway, from a practical point of view I expect that the waiting times to get an appointment for the premium applications will creep up to the 2-3 month timescale anyway (which is the time it takes, on average, to process the applications now anyway!), and people might as well have used the postal service. With the only exception being EEA3&4 applications who could book in advance of their 5-year time limit approaching to apply for PR.

So, guys, nothing but a money maker for UKBA in the area which they couldn't get anything in the past, talk about ingenious...



Directive/2004/38/EC wrote:
pinkpanter wrote:I will appreciate this services fee, providing refundable if your application fails. It depends on the circumstances i.e. your job is on sake, or travelling plans, etc. It will definately helps a lot of applicants.

The fee should not be more then £100.
The point is they are legally required to have fast turn around for ALL applications without charging additional fees.

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