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eea2 application

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copper
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eea2 application

Post by copper » Tue Apr 22, 2008 1:07 pm

Hi ALL,

I made an application on eea2 as a family member of eu nation on 13 october 2007.I have not got my docements back so far.Last week I wrote a complaint letter to home office,but no reply till now.I strongly started thinking My visa application may be refused.I am really scared of it.

In the event of refuse of my visa application,What i am going to do?what is the procedure?is anyone faced in the same situtaion?

thanks

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Tue Apr 22, 2008 8:43 pm

Write them another letter and tell them they are legally required to give you a reply as soon as possible and in no cases later than 6 months from the application. Say that you want the Residence Card issued immediately, and that they are in breach of the law.

thsths
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Post by thsths » Wed Apr 23, 2008 8:02 am

Directive/2004/38/EC wrote:Write them another letter and tell them they are legally required to give you a reply as soon as possible and in no cases later than 6 months from the application. Say that you want the Residence Card issued immediately, and that they are in breach of the law.
I agree that this is the correct, but do they care? I would also recommend to escalate the issue, via the MP under UK law or via SOLVIT under EU law.

Oh, and please report how it goes.

Tom

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed Apr 23, 2008 8:39 am

You can always go to court, even small claims court, and sue them. You stand a good chance of getting money and they will definitely take notice and start moving quickly. There is some clear ECJ case law in this area.

Linley
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EEA2

Post by Linley » Wed May 07, 2008 12:26 pm

Hi there,

I am in a similar situation. I applied for the EEA2 residency card on 29 October 07 and still haven't heard anything. I rang the Home Office and was told my application was under consideration.
I was however told I could ask for my passport back and it wouldn't affect my application. That raises the question of what I can show at the airport when I arrive back in the UK after my holidays, but at least I can go on holidays.
Let me know how you are getting on.

Cheers

copper
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Post by copper » Wed May 07, 2008 12:54 pm

Hi,

Unfortunately,I have not heard anything from home office.I wrote two comlaints letter to customer complaint deparment and eea2 application unit.I can see my complaint letters will be used for statical data.

I also put my complaint on Solvit last Sunday, so far no answer.

I gave up phoning to home office as the same answer.it is useless.

What I am going to now? I will be waiting till get my documents back.

I am not thinking of going to court right now.It aslo will take some time may be another 6 months.

Its very annoying.I want to go to abroad to see my family but i cant go to there right now.I stucked here.I can request my passort back,but How I am going to back to the uk?

anyway lets see what will happen in the following weeks.

mimiki
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Post by mimiki » Wed May 07, 2008 1:36 pm

The same thing happened to me. I applied for the eea2 5th of Nov, 2007. It is so annoying the whole procedures. I'm stuck in this country now, cannot go anywhere.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed May 07, 2008 1:52 pm

mimiki wrote:The same thing happened to me. I applied for the eea2 5th of Nov, 2007. It is so annoying the whole procedures. I'm stuck in this country now, cannot go anywhere.
Why can you not go anywhere? Is there something special about your case that prevents you from travelling?

mimiki
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Post by mimiki » Wed May 07, 2008 3:11 pm

Directive/2004/38/EC wrote:
mimiki wrote:The same thing happened to me. I applied for the eea2 5th of Nov, 2007. It is so annoying the whole procedures. I'm stuck in this country now, cannot go anywhere.
Why can you not go anywhere? Is there something special about your case that prevents you from travelling?
Because my visa expired in December 2007. Is it possible for me to travel without a valid visa?

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Post by Directive/2004/38/EC » Wed May 07, 2008 3:37 pm

Your EEA family permit? Which nationality are you?

mimiki
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Post by mimiki » Wed May 07, 2008 3:43 pm

Directive/2004/38/EC wrote:Your EEA family permit? Which nationality are you?
I came here with visitor visa. My husband and I applied for the COA form and got married in November, 2007. And we applied for the residence card before my visitor visa expired in Dec. 2007. My nationality is Chinese. Will my application be refused on the ground that I didnt came here with a family permit. Thank you.

John
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Post by John » Wed May 07, 2008 4:27 pm

No, as soon as you married you acquired your EU Treaty Rights. Any Residence Card that is issued after application made on form EEA2 is merely confirmatory of the rights you already have.
John

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Post by Directive/2004/38/EC » Wed May 07, 2008 4:31 pm

Do you have a confirmation letter for your application for a Residence Card? Where do you want to travel?

mimiki
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Post by mimiki » Wed May 07, 2008 4:40 pm

Directive/2004/38/EC wrote:Do you have a confirmation letter for your application for a Residence Card? Where do you want to travel?
Yes, I received it end of November 2007. I would like to travel outside of EU. Is it a good idea for me to write a complaint letter to Solvit to push the progress?

mimiki
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Post by mimiki » Wed May 07, 2008 4:41 pm

John wrote:No, as soon as you married you acquired your EU Treaty Rights. Any Residence Card that is issued after application made on form EEA2 is merely confirmatory of the rights you already have.
Thanks a lot for ur reply.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu May 08, 2008 4:47 am

I would contact the home office if they have not processed the application after 6m. If you do not hear back from them within 2w, then contact solvit.

On the other hand if it is urgent, then contact solvit immediately as they sometimes take a while to get started

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Post by Ani » Fri May 09, 2008 1:01 pm

Hi, we are also in a similar position - we applied for my fiance's EEA2 on 9th August 2007 & still no decision. We have now sent 2 complaints, 3 letters requesting infomation, & 4 phone calls! We have been told nothing as to why it is taking so long or what is going on, only the standard reply of "it's under consideration". There's obviously something that's stopping them from giving it, but at the same time there's something that's stopping them from refusing it, they just won't tell us what it is!

Can anyone give advice on the process for taking legal action? It's looking like this may now be our only option.

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Post by Directive/2004/38/EC » Fri May 09, 2008 1:27 pm

Have you contacted Solvit?

Ani
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Post by Ani » Fri May 09, 2008 1:38 pm

I've just had a look at their website, will they take the case on as my fiance is Albanian? Or is it enough that I'm EEA national & it's an EEA application?

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri May 09, 2008 1:43 pm

Ani wrote:I've just had a look at their website, will they take the case on as my fiance is Albanian? Or is it enough that I'm EEA national & it's an EEA application?
Solvit deals with application of EU law. In this case the UK should process the Residence Card application as soon as possible, and they have also exceeded the 6-month maximum for them to process the application.

It does not matter your partner's nationality. It only matters that she is a family member of you.

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