EEA2 Application Timelines - ONLY 1 TOPIC - UpToDate

DannyG15 wrote:Hello everyone,

Sorry to hear about the latest issues everyone are having. Wish I had advice but I'm quiet a newbie on these procedures etc...although I hope things work out as needed for all of you having issues.


Quick update on my request for passports. Its been more than 14 working days and no news of it. I submitted the on line form for return of documents that haven't been received within 10 working days. I'm really hoping I don''t get a problem letter instead.

Hi ive got the same problem, asked them to return my wifes eea passport. its 11th day ive sent the other request form as well. Bulets see how long it will take to get it back. I'll try to call them.

Hi all

I have a question about the Pre-Action Protocol for Judicial Review. Can I filled out by my self or is it for the laywers to fill out? Because some question is about which Dispute Resolution proposals ? I dondt understand what they mean, it seems like this is for professionals to answer all of the questions. I

What do you think?

nora_804 wrote:Hi all

I have a question about the Pre-Action Protocol for Judicial Review. Can I filled out by my self or is it for the laywers to fill out? Because some question is about which Dispute Resolution proposals ? I dondt understand what they mean, it seems like this is for professionals to answer all of the questions. I

What do you think?

"Dispute Resolution Proposal" is how you propose to resolve the dispute. Just say "Home Office shall issue a residence card to ___________" or something similar.

Any September applicants have received their COA with right to work. I haven't received mine yet. I requested my passport a week ago. And i changed address two weeks ago.

mard2530 wrote:Any September applicants have received their COA with right to work. I haven't received mine yet. I requested my passport a week ago. And i changed address two weeks ago.

Yes, Ayeesha did. See the latest update from this morning.

opxa wrote:

Yasf wrote:EEA(FMfor ROR
App sent on 30/09/2015
Fee taken //06/10/2015
Bio letter ?????
Bio submitted????
COA ??????
RC pending...........
Maybe in January 2016

Hi Yasf, could you please clarify what you mean by "EEA(FM)+EEA for ROR"? I can't understand why one spouse would apply for EEA(FM) and the other (who is presumably EEA) would apply for ROR. As I understand it, ROR is for non-EEA's who were married to an EEA and got divorced or if the EEA spouse died. Thanks.

Hi Opts sorry for mistake
I apply for eea fm for ror

nora_804 wrote:

Moon_78676 wrote:

nora_804 wrote:We got another questionnaries dated 22 september, the first questionnaries was dated 10.september
Its said: Failure to complete both questionnaires within the timescale set out in this letter could result in the refusal of your application.




Hi opxa
We have decided to appeal and send letter for reconsideration, what do you mean with pre-action protocol letter? You have talked about sending an e-mail, what are the e-mail adress we can send a letter to HO?

Hi Nora,the best thing is to appeal don't do any thing als if need more about I can give you best way to sort it out...

Please give me your advice to sort it out, I have read that I have to write the pre-action letter before I send the appeal. therfore Iam writting the pre-action letter before the appeal. Im thankful for any advice

Pre- action only work when you have no right of appeal and its ad in your GCID records and home office have strong case after that against us I done all and you have to believe me who hard for me to solve that even your reconsider request not gonna make and different

Hi Kamoe.

Should I attache a letter explaining it was a mistake or what should I write?

kamoe wrote:

LaliVallejo wrote:Hi all. I hope you're well.

Im colombian and my husband is Austrian. We got married the 21th ofAugust and sent the application for a EEA2 RC the 24th of August.

I made the big mistake of sending copies of our marriage certificate and the bank statements and payslips of my husband. Just copies, no originals.

Then I received a COA letter with date 02 september that states:
"at this stage we are unable to confirm your right to work in the UK. This will depend on the outcome of the application. This is because you have not provide original documentation for all oh the following:
*Evidence of relationship with your EEA national sponsor;
*Sufficient evidence of your sponsor exercising treaty rights.
We will not revisit the terms of your COA during the consideration of your case. This means we will not confirm your right to work until your application is decided. this include the period of time during which you exercise any rights to appeal should your application be refused and is irrespective of any documentation you may provide during the consideration stage"

In the same letter I received the indications for the biometrics and I sent them on September 07.

What should I do? I haven't heard from the HO since that letter. Should we send the original documents?
Anyone knows of a similar case?
PLEASE HELP!

Hi Lali

I'm Colombian as well, although I applied as EFM as I am unmarried. I received the same letter, except they only cite the first reason in mine: That I did not submit evidence of relationship.

I think the standard procedure is to send that letter to unmarried couples, as no marriage certificates can be sent, but in your case, maybe, because you just sent a copy, they treat you as if you have not sent anything. It fits, as they also say you have not send evidence that your husband is exercising treaty rights (you only said copies of his payslips). We did send the original payslips of my partner, and I did not get that reason (lack of evidence of treaty rights) listed in my letter.

My advise? Yes, do send originals ASAP, to the same address you sent your application, include your case ID, and ask for a new COA, with right to work. And see what happens?

Good luck!

Hi Everyone,

I have been read this EEA timelines of 541 pages since last week and would like to share my knowledge.

I am NON EEA live with my partner EEA as unmarried for more than 8 years and I am overstay more than 8 years and I don't have passport as was expired and lost and I could not do the new one from my embassy in UK.

I use solicitor in Stratford High Street who charged me very expensive was almost one and a half thousand.
Application was submitted December 2014 and was refused March 2015 with simple mistake because i don't have valid passport and no right to appeal and been asked to leave UK ASAP. (Very stupid me to use this solicitor, Since I got refused I have been study and read lots)

Then i use another solicitor name Sterling & Law Associates LLP who gave me a very very good advised and charge me with very reasonable price.

I went to see this solicitor on April 2015 and I have two options:
1. Submit fresh application for residence card to buy time for prepare appeal because I have been asked to leave UK and submit appeal which will take very long time and more expenses as court fee and barrister which solicitor has not agreed with this option (This option i don't have to leave UK)
2. Go back to my country and do a New passport and apply for Family permit to come back to UK. I and my partner agreed with this option. Solicitor fee was less than half I was paid to another solicitor which pay half when start the process and pay another half when I got family permit. Before I went back to my country, Solicitor said to me "with evident of my case they can bring me back to UK very easy with the right to work" and it is true, they know what they are doing. Immigration advisor has 3 levels, some firm has only level 1, when you choose solicitor you must check their background first.

Then I went back to my country do new passport and apply for family permit which solicitor did everything for me in advance by online. First I got refused with nonsense reason which my solicitor was very angry. Then they did apply refresh application for me by online and make appointment for me again and in the mean time they do submit for appeal as well just in case embassy refuse again we don't waste more time. But second applications was successful Solicitor withdrew appeal. I got family permit (Extend family as unmarried) 6 months. And I came back to UK almost 3 months now.

I use the same solicitor to apply residence card again and now they charge me even cheaper and payment is same half when start and half when finish. I am very very happy with their services.

We submitted my EEA EFM on 24/09/15, HO received Friday 25/09/15 Payment has been taken on 28/09/15
BIO and COA are waiting until now.

I would like to share my knowledge as follow;

Refer to Processes and procedures: for EEA documentation applications V2.0 Dated 7 April 2015 (can google)

HO MUST ISSUE a COA IMMEDIATELY for direct family member applies for residence card.
And you much submit evidence required to have long COA with right to work

Or get short COA which does not confirm a right to work and anyone issued with a short COA due to their failure to submit the required evidence connote later be issued with a long COA if they submit the required evidence.

for Extended family member applies for residence card will issue a short COA.

BUT REFER to Extended family members of EEA nationals V2.0 dated 7 April 2015

Rights of an extended family member
Extended family members do not have automatic rights to enter and reside in the UK. Under regulation 7(3) of the regulations, an extended family member has the same rights as a DIRECT FAMILY member, providing they continue to satisfy the conditions of regulation 8 and they have been issued with:
 an EEA family permit
 a registration certificate, or
 a residence card.
The above documents must remain valid and not have been revoked.

Entering with an EEA family permit
Under regulation 7(3), a person who enters with an EEA family permit issued as an extended family member, only has a right to reside in the UK on this basis while the EEA family permit is valid (six months).
If that person then submits an application for a residence card or registration certificate before the EEA family permit expires, you do not need to undertake stages 2 to 4 of the four stage consideration process. If the EEA family permit has expired at the point of application you must apply the full four stage process.

The two above procedures of HO are clearly that COA with right to work are depend on you are directly family and provide required evidences but if you extended family but has family permit you will have COA with right to work too.

Either direct or extended family who hold family permit with get short process for residence card.

And the process of application is six months start from when HO received is not from COA. Therefore anyone has application more than 6 moths start from when HO received should get in touch with HO ASAP.

Anyone has refused should do fresh application at the same time with appeal. You can withdraw application or appeal later. When you appeal, HO will have a look at your case again before go to hearing at court. Please keep in mind appeal process in court is lot of money, appeal fee i am not sure but i think £149 and court fees and barrister is need which is not cheap.

I will update my timeline again soon.

I wish all the best to everyone. and Thank you everyone for share story.

Hi Kristo.

Sorry, my mistake, I sent the biometrics on september 7th. :S
You know a number where I can call or write?
Thanks!

[quote="kristo"][quote="LaliVallejo"]Hello.
I already sent the biometrics, since october 7th. Should I withdraw the application anyway?
Im so confused!


Last time i checked october 7th is today , am sorry about the situation but you dont need to confused or stressed out just need to take action as fast as you can, YES, you can still withdraw your application but as you already gave biometrics, i doubt you will get you application fee back. Actually if you want to work during the consideration of application (COA right to work) then you need to withdraw and reapply but if you don want to work, then maybe you can call them to know if you can send additional docs without withdrawing application. The ball is on your court dear, I wish all the best and God bless.

October is a hard month Well I hope we will receive some good news tomorrow. As its been a while that someone's got RC..
I request ALL silent readers to share their timeline as well. As it gives all of us hope. So good luck guys....

ten513 wrote:Hi Everyone,

I have been read this EEA timelines of 541 pages since last week and would like to share my knowledge.

I am NON EEA live with my partner EEA as unmarried for more than 8 years and I am overstay more than 8 years and I don't have passport as was expired and lost and I could not do the new one from my embassy in UK.

I use solicitor in Stratford High Street who charged me very expensive was almost one and a half thousand.
Application was submitted December 2014 and was refused March 2015 with simple mistake because i don't have valid passport and no right to appeal and been asked to leave UK ASAP. (Very stupid me to use this solicitor, Since I got refused I have been study and read lots)


I will update my timeline again soon.

I wish all the best to everyone. and Thank you everyone for share story.

Hi ten513,
thank you for sharing with us your experience. Can you please tell me more about your situation, you are writting that your passport was expired and lost. Was your passport kept held by Home Office and they lost it, or was it you how lost the passport? And why your embassy in Uk didnt help you with new one. Im asking because the Home Office is holding my husband passport

Has anyone with EEA Family Permit been refused when applied for a residence card?

I'm so nervous. I've seen some refusal this month. :"(

mard2530 wrote:Has anyone with EEA Family Permit been refused when applied for a residence card?

I'm so nervous. I've seen some refusal this month. :"(

I've also been trying to figure out a pattern when refusals happen. So far from what I've seen, the most common sign for a future refusal is when a non-EEA has already had a refusal, such as for an extension of a previous visa or a change from one type of visa to another. Also, they treat with a lot of suspicion cases where a non-EEA applies when his current visa is about to expire.

A Family Permit usually means that the non-EEA has just arrived and the record is clean in most cases. So, if the documents are submitted correctly there shouldn't be problems.

opxa wrote:

mard2530 wrote:Has anyone with EEA Family Permit been refused when applied for a residence card?

I'm so nervous. I've seen some refusal this month. :"(

I've also been trying to figure out a pattern when refusals happen. So far from what I've seen, the most common sign for a future refusal is when a non-EEA has already had a refusal, such as for an extension of a previous visa or a change from one type of visa to another. Also, they treat with a lot of suspicion cases where a non-EEA applies when his current visa is about to expire.

A Family Permit usually means that the non-EEA has just arrived and the record is clean in most cases. So, if the documents are submitted correctly there shouldn't be problems.

Yes, that seems to be the case. I try to keep calm myself, as I applied 6 months before my current visa expires (mid February 2016). I would have happily applied long before that, but then I would not have completed the 2 years mandatory living together for unmarried partners. I seriously applied as soon as the two years passed! It is very tricky to meet all requirements, really.

Crossing fingers, and really assuming it is going to be fine.

Hey guys i have a question about interview ?
Anyone been in interview ??
Or has anyone interview in coming days ??
Any advice ?

Hi Nora_804,
My passport was expired and I couldn't find it. My embassy won't do new passport for me unless I can prove I have valid visa but I am overstay on that time they were issue only travel document for me.

In your case about passport. It must be OK if you explain to HO and refer to the old case that you have not get it back from them. It is their responsibility.
I got refused when apply RC without valid passport at beginning of this year. But new guidance said clearly that you could get another form of ID or explain the reason why.

I got another refuse when apply family permit to come back UK with nonsence reason and my lawyer wrote a cover letter with a very hard world.

For another friends who worry about refused while you have a valid family permit. In procedures of HO I mention in post earlier said clear that they will check only stage 1 which is about EEA sponser has the right in UK. I have not see the point that HO can refused unless something change with EEA sponser.

I hope it help. I would not mind at all if I can help. It is more than welcome.

aloo wrote:Hey guys i have a question about interview ?
Anyone been in interview ??
Or has anyone interview in coming days ??
Any advice ?

Here's a list of some interview questions, again, from two posts awhile ago, in no particular order:

Where did you meet?
When did you meet?
When did you decide to get married?
Where did you get married?
How did you go there? Who went with you?
Who were your witnesses?
How many siblings do you have? How many siblings does your spouse have?
How long have you lived together?
Have you lived anywhere else together?
What are the names of your spouse's parents?
When did you both come to the UK?
What did you study?
what is your job title? What do you do day to day?
What is your spouse's job title? What does your spouse do day to day?
How much do you pay on student loans?
Do you own your house?
How much is the mortgage a month?
Who pays the bills?
What is your spouse's current project called?
What are your political affiliations?
Who was present at your wedding?
What does your husband drink?
What is your drink of choice?
When and where are you going on holiday next?
Anything you want to add to support your application?
When and where did you meet?
What time and date was it
Who talked first .
Who exchange the number first
Where does your partner job?
How she go ther?
Who is the employer and does you know her or him apart from your partner?
Who pay the bills?
Which furniture do you have in your room?
Where do you sleep left or right?
Who bought your marriage rings?
How did you go ther at your marriage ceremony ?
About marriage witnesses ?
Where did you go last time together?
Both of your hobbies?
Which film have you seen together
What you normally do at weekends?

Hello.

I was thinking on withdraw my application and apply again, sending this time all the original documents, but now Im wondering, if when I apply I was on a TIER 4 visa, and it expired on sep 10 (after I sent the application), If I apply again it would be with my expired visa. Does this affect the application and Ill be treated as an overstayed?

My timeline is:
EEA2 FM
App sent on 24/08/2015
Fee taken 26/08/2015
COA 02/09/2015
Bio letter 02/09/2015
Bio submitted 07/09/2015

LaliVallejo wrote:Hi all. I hope you're well.

Im colombian and my husband is Austrian. We got married the 21th ofAugust and sent the application for a EEA2 RC the 24th of August.

I made the big mistake of sending copies of our marriage certificate and the bank statements and payslips of my husband. Just copies, no originals.

Then I received a COA letter with date 02 september that states:
"at this stage we are unable to confirm your right to work in the UK. This will depend on the outcome of the application. This is because you have not provide original documentation for all oh the following:
*Evidence of relationship with your EEA national sponsor;
*Sufficient evidence of your sponsor exercising treaty rights.
We will not revisit the terms of your COA during the consideration of your case. This means we will not confirm your right to work until your application is decided. this include the period of time during which you exercise any rights to appeal should your application be refused and is irrespective of any documentation you may provide during the consideration stage"

In the same letter I received the indications for the biometrics and I sent them on September 07.

What should I do? I haven't heard from the HO since that letter. Should we send the original documents?
Anyone knows of a similar case?
PLEASE HELP!

LaliVallejo wrote:Hello.
I was thinking on withdraw my application and apply again, sending this time all the original documents, but now Im wondering, if when I apply I was on a TIER 4 visa, and it expired on sep 10 (after I sent the application), If I apply again it would be with my expired visa. Does this affect the application and Ill be treated as an overstayed?

Because you are married to an EEA national you already have the right to be in the UK even if you don't have any visas. So, in your case, I'd say you won't be considered an overstayer.

Some good news today...

My Residence Card has arrived!

Going to pick it up from my lawyer tomorrow. So relieved and happy that I can finally feel settled. Now to get on with the job search!

Good luck to everyone else. It is a long wait but knowing that it would be around 5 months kept me sane for the past month (until the past week! haha). Re-quoted summary of my application below.

vjtran wrote:Hi everyone!

Long time reader, first time poster. Firstly, I want to say thanks to everyone as this has been a really helpful forum, especially since my lawyer seem to be ignoring my questions!

So, here's my timeline and story as it might be helpful to some.

Submitted application (with request for return of passports) - 04/05
Payment taken - 14/05
COA and request for biometrics - 21/05
Submitted biometrics - 28/05
Passports returned - 11/06
RC ETA - late Oct / early Nov
EEA (EFM) Unmarried Partner (Spanish/Australian).
I applied with the new 108 page form.

My partner is Spanish and I am Australian. We met in Spain while I was on holiday and he moved to London 6 months later. We have lived together in London now for 2.5 years (2 years at date of application) and met 3 years ago. Our application included joint tenancy agreements, joint council tax invoices, joint bank account as well as other evidence of our living together and our relationship (personal statements, photos, greeting cards).

I was on a TIer 2 (General) sponsorship with my employer but desperate to leave my job as it was becoming unbearable to the point of affecting my personal life, health and sanity! Originally, my lawyer told me that EU law overrides UK law and that while the Home Office won't confirm my right to work, that I am legally allowed to work while awaiting the residence card. On this basis, I resigned from my job, accepted a new job offer only to discover that I cannot work. EU law definitely states that I can stay on the basis of my partner IF I can prove to the UK government that we are in a stable relationship - i.e. it is completely dependent on this application process. Unmarried partners of EU nationals are not automatically given a Right to Work with the COA.

I'm fortunate that my employer allowed me to extend my notice period. However, I am have now finished, unable to work anywhere else and waiting for the residence card for at least 2-2.5 months.

We are travelling to Spain in a couple of weeks to visit my partner's family. The Home Office confirmed that I can travel while awaiting my RC. The only caveat is that they may request additional information and I need to be able to respond within 15 days. We are only going for 10 days (7 working days) so don't see this as a problem). I will be bringing my COA, my partner's latest payslips and copies of our joint tenancy agreement just in case and to avoid any significant delays in re-entering the UK.

My passport actually expires in November, but the Home Office confirmed that I can renew my passport while my application is still in process. So I will be doing this before we go to Spain to ensure I'm ok regarding 6/3 months validity on my passport for travel.

Good luck everyone, stay calm and patient as while it's frustrating to wait without any updates, it is likely simply due to the volume of applications they need to go through.

Any other May applicants reading this?

Updated May list

mbxah8iraqi - App 01/5 - COA -05/6/15 RC Pending
vjtran - App 04/05 - COA received 21/05 - RC Received 08/10
Ablat- App 05/05- COA received NA - RC Pending - Letter received stating RC will arrive in 10 working days
aloo - App 05/05 - COA received 02/06 - RC Pending, end of August - call to EU spouse workplace
10z - App 06/05 - COA-31/07 - RC Pending
mktemi75 – App 07/05 – COA received 08/06 – RC Pending
bashyboy144 – App 08/05 – COA received 26/05 – RC Pending
Fabflower - App 8/05 - COA 23/06 - RC Pending
Vensai - App 11/05 - COA - 12/06 - RC Pending
Drshak1483 - App 18/05 - COA - 6/06 - RC Pending
Kubus - App 18/05 - COA received 11/06 - RC pending
mark121 – App Sent 19/05 – COA received 26/06 – RC Pending
dafelare – App 20/05 – COA received 10/06 – RC Pending
billu2016 - App 20/05/2015 - COA - 22/06/2015 - RC Pending
mmalinconia - App 27/05 – COA received 06/06 – RC Pending
Darksin - App 28/05 - COA - ? RC Pending

vjtran wrote:Some good news today...

My Residence Card has arrived!

Going to pick it up from my lawyer tomorrow. So relieved and happy that I can finally feel settled. Now to get on with the job search!

Good luck to everyone else. It is a long wait but knowing that it would be around 5 months kept me sane for the past month (until the past week! haha). Re-quoted summary of my application below.

vjtran wrote:Hi everyone!

Long time reader, first time poster. Firstly, I want to say thanks to everyone as this has been a really helpful forum, especially since my lawyer seem to be ignoring my questions!

So, here's my timeline and story as it might be helpful to some.

Submitted application (with request for return of passports) - 04/05
Payment taken - 14/05
COA and request for biometrics - 21/05
Submitted biometrics - 28/05
Passports returned - 11/06
RC ETA - late Oct / early Nov
EEA (EFM) Unmarried Partner (Spanish/Australian).
I applied with the new 108 page form.

My partner is Spanish and I am Australian. We met in Spain while I was on holiday and he moved to London 6 months later. We have lived together in London now for 2.5 years (2 years at date of application) and met 3 years ago. Our application included joint tenancy agreements, joint council tax invoices, joint bank account as well as other evidence of our living together and our relationship (personal statements, photos, greeting cards).

I was on a TIer 2 (General) sponsorship with my employer but desperate to leave my job as it was becoming unbearable to the point of affecting my personal life, health and sanity! Originally, my lawyer told me that EU law overrides UK law and that while the Home Office won't confirm my right to work, that I am legally allowed to work while awaiting the residence card. On this basis, I resigned from my job, accepted a new job offer only to discover that I cannot work. EU law definitely states that I can stay on the basis of my partner IF I can prove to the UK government that we are in a stable relationship - i.e. it is completely dependent on this application process. Unmarried partners of EU nationals are not automatically given a Right to Work with the COA.

I'm fortunate that my employer allowed me to extend my notice period. However, I am have now finished, unable to work anywhere else and waiting for the residence card for at least 2-2.5 months.

We are travelling to Spain in a couple of weeks to visit my partner's family. The Home Office confirmed that I can travel while awaiting my RC. The only caveat is that they may request additional information and I need to be able to respond within 15 days. We are only going for 10 days (7 working days) so don't see this as a problem). I will be bringing my COA, my partner's latest payslips and copies of our joint tenancy agreement just in case and to avoid any significant delays in re-entering the UK.

My passport actually expires in November, but the Home Office confirmed that I can renew my passport while my application is still in process. So I will be doing this before we go to Spain to ensure I'm ok regarding 6/3 months validity on my passport for travel.

Good luck everyone, stay calm and patient as while it's frustrating to wait without any updates, it is likely simply due to the volume of applications they need to go through.

Any other May applicants reading this?

YAAAYYYYYYY!!!

Congratulations, vjtran!!!

Our case is basically the same. Unmarried, 2 years living together, 3 years relationship, desperate to quit job on Tier 2 visa.

There is hope.

All the best.

jotoia wrote:

DannyG15 wrote:Hello everyone,

Sorry to hear about the latest issues everyone are having. Wish I had advice but I'm quiet a newbie on these procedures etc...although I hope things work out as needed for all of you having issues.


Quick update on my request for passports. Its been more than 14 working days and no news of it. I submitted the on line form for return of documents that haven't been received within 10 working days. I'm really hoping I don''t get a problem letter instead.

Hi ive got the same problem, asked them to return my wifes eea passport. its 11th day ive sent the other request form as well. Bulets see how long it will take to get it back. I'll try to call them.

Okay, still nothing today. Tried calling, no answer

Congrats Vjtran!!

VJTRAN any interview? Any visit?
Thanks and congratulations!!!