EEA4 fast processing times or wishful thinking

Gyz things are getting tough and tougher for me;
applied EEA4 FEB12
wife allready got Permanent residence
Still no COA letter
I am not sure whether I am in the possition of seeking COA letter or EEA4 result !
Colud you please advice me what on earth I can do rather than phone+letter+solvit+mp?
do u think I should fax them if yes on what number?
do I need to send letters by recorded or just in the cheap standard way?
And there is a Document returning form, shall I fill it in and send it to them? are'nt they gonna close my case if I do such a requset? or shall I just send them an E-mail rather than sending that form?
And do u think I should still ask for COA or shall I ask for the result?

Aladin0987 wrote:Gyz things are getting tough and tougher for me;
applied EEA4 FEB12
wife allready got Permanent residence
Still no COA letter
I am not sure whether I am in the possition of seeking COA letter or EEA4 result !
Colud you please advice me what on earth I can do rather than phone+letter+solvit+mp?
do u think I should fax them if yes on what number?
do I need to send letters by recorded or just in the cheap standard way?
And there is a Document returning form, shall I fill it in and send it to them? are'nt they gonna close my case if I do such a requset? or shall I just send them an E-mail rather than sending that form?
And do u think I should still ask for COA or shall I ask for the result?

ALADIN i think best think to do go see your MP and explaine for your mp what happen well be help you .i dont think email litter phone call fax complaine work at all just try do what im say im sure you well get some thing .

Sarwar I thank u and congratulate u, I mean did u contact ur mp too? I am sure u are in the middle of something by now and u will always remember Halloween

Aladin0987 wrote:Sarwar I thank u and congratulate u, I mean did u contact ur mp too? I am sure u are in the middle of something by now and u will always remember Halloween

first thanks very much

no aladin as you know i get it in 4 month and 24 days i dont need to contact MP and i never contact them as well but you almost 8 month that way i say contact your MP im sure if you have good MP well do some thing for as home office over due on your application time line

Hi guys, congratulation to Sarwan74 and all others who got their states already and good luck to rest of you(including myself). If you remember my appeal situation!! I have received a letter from Court( they sent it to my old address). the letter says.

THE IMMIGRATION ACTS
Appellant: myself
Respondent: Secretary of State.
To the Appellant and Respondent , Notice Of Withdrawal

The Respondent has withdrawn the original decision(s).
The Tribunal is satisfied that this appeal has been withdrawn.

Clerk to the First-tier Tribunal.

Any idea?!!!

spike_UK wrote:Hi guys, congratulation to Sarwan74 and all others who got their states already and good luck to rest of you(including myself). If you remember my appeal situation!! I have received a letter from Court( they sent it to my old address). the letter says.

THE IMMIGRATION ACTS
Appellant: myself
Respondent: Secretary of State.
To the Appellant and Respondent , Notice Of Withdrawal

The Respondent has withdrawn the original decision(s).
The Tribunal is satisfied that this appeal has been withdrawn.

Clerk to the First-tier Tribunal.

Any idea?!!!

I its mean hopefully you recive your PR soon . as home office Withdraw original decision

sarwar74 wrote:

spike_UK wrote:Hi guys, congratulation to Sarwan74 and all others who got their states already and good luck to rest of you(including myself). If you remember my appeal situation!! I have received a letter from Court( they sent it to my old address). the letter says.

THE IMMIGRATION ACTS
Appellant: myself
Respondent: Secretary of State.
To the Appellant and Respondent , Notice Of Withdrawal

The Respondent has withdrawn the original decision(s).
The Tribunal is satisfied that this appeal has been withdrawn.

Clerk to the First-tier Tribunal.

Any idea?!!!

I its mean hopefully you recive your PR soon . as home office Withdraw original decision

Hey man, thanks but how can you be so sure!!
She did withdraw it because the HO officer only looked at marriage certificate which was less than 5 yrs but she said he should have looked at the time before marriage(cohabitation, durable relationship led to marriage).

word from court is clear that way i say that. did say on court letter appeal allowed

sarwar74 wrote:word from court is clear that way i say that. did say on court letter appeal allowed

What do you mean "letter appeal allowed"
Judge simply said,,he can't act as HO admits their mistake and withdrawn decision.

sarwar74 wrote:

sarwar74 wrote:hello evry one i just check royalmail web i see royalmail recived my parcel well get it tomorrow see what happen i apply for PR on 11.06.2012

here is what royalmail say

We have received your item and expect to deliver it before the guaranteed time on 30/10/12. If you have purchased Saturday guarantee, your delivery will be guaranteed on Saturday

well update here tomorrow when i recive parcel.

Hello evry one very happy tuesday. thanks for god i got my permanent residence card today

here is my time line

apply on 11.06.2012
homeoffice recived 12.06.2012
COA issued 25.07.2012
recive PR today 30.10.2012 date on PR 18.10.2012

total time 4 month and 24 days

how im happy insha3llah who wait for long time well get it soon and who ever need my help im very happy to do that good lack to evry one.

Gongrats Man all the best inshallah

Spike mate ur case is a bit complicated but I believe the homo ffice withdraw the original refusal decision of ur case which was made sometime in August and want to reconsider thier decision on the same application form of EEA4 wich was made on February12.
I mean they know if they refused u then u will apply again straight away
so they save u and themselves from resending the same application form of EEA4.
This is what I believe,but have u ever seen anyone get PR who was marriead for less than 5 years and had residence card for less than 5 years at the same time?

jotter wrote:

nata2406 wrote:Hi there!

Just want to share our timeline and ask another question:

EEA3/EEA4 sent on 24/07/2012
Received by HO 25/07/2012
CoA for EEA4 received 12/10/2012

Does anyone knows why there is no sign of PR for EEA3 yet? (As far as I understand from this forum people usually getting CoA together with PR for EEA3?)

Thanks alot!

No hard and fast rule about that. Some come at the same time, sometimes it takes a couple more weeks. Based on previous posts, though, you might want to give them a call if you haven't sighted the EEA3 by the end of Oct.

Hello to everyone on this forum,'
As advised by Jotter (what I really appreciate) I did call to HO as still no PR for EEA3 yet. The lady on the phone sounded so unhappy that I disturb her... Anyway, did not want to listen to me at all, and hang the phone with words "call us after 6 month gone".
Does anyone experienced same situation as us? (mean COA for EEA4 received but not PR for EEA3 at least?).
Any ideas are much appreciated! Thank you all!

Hi nata2406,

It's tricky what else to advise you. While most EEA3 cases seem to be taking 2-3 months to process at the moment (based on posts to this forum), the UKBA is not legally obliged to answer for progress on applications that are less than 6 months old. That's generally a non-issue for EEA4 applicants, who pretty much expect that their application is likely to take close to 6 months, but for EEA3 ...

You can always call back and hope to get someone more helpful. Otherwise write to them and request for urgent reasons to be given priority, but you aren't unfortunately in a strong bargaining position while your application is less than 6 months old.

jotter wrote:the UKBA is not legally obliged to answer for progress on applications that are less than 6 months old.

This is not true for EEA3 application.

Regulation 18 clearly states that document certifying permanent residence for EEA national should be issued as soon as possible. For non-EEA nationals it needs to be within 6 months.

I suggest you call and ask for the passport back. That should be enough to get them moving.

Jambo wrote:

jotter wrote:the UKBA is not legally obliged to answer for progress on applications that are less than 6 months old.

This is not true for EEA3 application.

Regulation 18 clearly states that document certifying permanent residence for EEA national should be issued as soon as possible. For non-EEA nationals it needs to be within 6 months.

I suggest you call and ask for the passport back. That should be enough to get them moving.

Thanks Jambo. I stand corrected (again), and the IO has clearly made the same error.

Hi Jambo, is it possible for EEA4 to take morethan 7 months in any circumstances?
Married in the UK for 4 and half years
first Resident card wich is vailed for 5 years issued in the middle of 2009.
lived together for 6 years.
I have been living in the UK since 2002 as an asylum seeker.
My wife allready got PR after succesful EEA3.

and have u ever seen anyone whose been married for less than 5 years and held residence card for less than 5 years to get PR?
Many Thanks.

Aladin0987 wrote:Spike mate ur case is a bit complicated but I believe the homo ffice withdraw the original refusal decision of ur case which was made sometime in August and want to reconsider thier decision on the same application form of EEA4 wich was made on February12.
I mean they know if they refused u then u will apply again straight away
so they save u and themselves from resending the same application form of EEA4.
This is what I believe,but have u ever seen anyone get PR who was marriead for less than 5 years and had residence card for less than 5 years at the same time?

If they refuse me I have to wait until November 2013 which make 5 yrs marriage.
There cases same as mine less than 5yrs marriage and less than 6yrs RC but lived together 5yrs and got their PR.
Some of them gone to appeal and won the PR.

Aladin0987 wrote:Hi Jambo, is it possible for EEA4 to take morethan 7 months in any circumstances?

No. A decision needs to be made within 6 months. Call them, write to them and complain. They are in breach of the regulations.

Married in the UK for 4 and half years
first Resident card wich is vailed for 5 years issued in the middle of 2009.
lived together for 6 years.
I have been living in the UK since 2002 as an asylum seeker.
My wife allready got PR after succesful EEA3.

and have u ever seen anyone whose been married for less than 5 years and held residence card for less than 5 years to get PR?
Many Thanks.

Strictly speaking, unless you had RC as unmarried partner before marriage, your 5 years started when you got married. Although there have been cases (mainly following an appeal) that PR Confirmation was issued based on time before marriage even though a RC was not applied for during that time (as unmarried).

Any specific reason you applied for PR now? Your RC is valid til 2014 and your five years are not far away.

Aladin0987 wrote: and have u ever seen anyone whose been married for less than 5 years and held residence card for less than 5 years to get PR?

Well, I applied for my PR on the 15th of October '12 which was 6 weeks before the 5th year of our marriage (on 30 Nov.). So far I have received my CoA confirming my application and right to continue in employment. My RC was issued in Sept. '08 and is valid till Sept. '13 but this isn't necessarily relevant to one's eligibility for PR.

I am now waiting to see if the UKBA processes my application before/after my 5th anniversary OR if they return it unprocessed.

Plum70 wrote:

Aladin0987 wrote: and have u ever seen anyone whose been married for less than 5 years and held residence card for less than 5 years to get PR?

Well, I applied for my PR on the 15th of October '12 which was 6 weeks before the 5th year of our marriage (on 30 Nov.). So far I have received my CoA confirming my application and right to continue in employment. My RC was issued in Sept. '08 and is valid till Sept. '13 but this isn't necessarily relevant to one's eligibility for PR.

I am now waiting to see if the UKBA processes my application before/after my 5th anniversary OR if they return it unprocessed.

For the sake of six weeks, the UKBA may well decide to be lenient. It's quite likely that by the time the caseworker is assessing your application you'll have reached your 5 years. Not so sure that they would allow six months IF they were to go strictly on marriage as the starting point.

I thank u and Yes Jumbo there is a specific reason, my Mom whom I have not seen for 13 years is dying and when I applied for Homo ffice Travel Document I got refused saying that I am not a refugee and I don't have a Permanent State.
I never had my own country's national passport and I can not get one due to political issues.
Otherwise I don't mind even if I spend my whole life in Guantanamo Bay!

jotter wrote: For the sake of six weeks, the UKBA may well decide to be lenient. It's quite likely that by the time the caseworker is assessing your application you'll have reached your 5 years.

I understood that upon receiving a CoA with a case ID this meant that the application had already been assigned a caseworker?

jotter wrote:Not so sure that they would allow six months IF they were to go strictly on marriage as the starting point.

It might just work if the couple have substantial evidence of co-habitation prior to marriage. I seem to recall a forum member who successfully got his/her PR confirmation before 5 years of marriage as they provided proof of prior co-habitation.

The degree of leniency probably differs depending on who deals with the case.

Plum70 wrote:

jotter wrote: For the sake of six weeks, the UKBA may well decide to be lenient. It's quite likely that by the time the caseworker is assessing your application you'll have reached your 5 years.

I understood that upon receiving a CoA with a case ID this meant that the application had already been assigned a caseworker?

Are you sure about whether it's necessarily the same caseworker that does the initial check/COA and that does the final processing? At any rate, even if it is the same caseworker, they still do a full check of the evidence before finally processing the application. That's one reason why you can get cases where the applicant gets their COA and then a couple of months down the track they get a refusal. It's this final assessment that I was referring to.

Plum70 wrote:

jotter wrote: Not so sure that they would allow six months IF they were to go strictly on marriage as the starting point.

It might just work if the couple have substantial evidence of co-habitation prior to marriage. I seem to recall a forum member who successfully got his/her PR confirmation before 5 years of marriage as they provided proof of prior co-habitation.

The degree of leniency probably differs depending on who deals with the case.

Yes, totally agree with you.

jotter wrote:

Jambo wrote:

jotter wrote:the UKBA is not legally obliged to answer for progress on applications that are less than 6 months old.

This is not true for EEA3 application.

Regulation 18 clearly states that document certifying permanent residence for EEA national should be issued as soon as possible. For non-EEA nationals it needs to be within 6 months.

I suggest you call and ask for the passport back. That should be enough to get them moving.

Thanks Jambo. I stand corrected (again), and the IO has clearly made the same error.

Thank you so much to both of you - Jotter and Jambo.
To be honest I am just so afraid to request the passport back for my husband, after reading all this posts, I can see how many people have got problems and delays with their documents returning.
Will wait other couple of weeks and see what's gonna happen. Thank you again for your advice!

Thanks nata2406, but I think Jambo has shown who the guru is here and who isn't. Perhaps I'll get there one day.

As a further idea you might like to start a new thread asking specifically for experiences of people who've requested their passports back in order to speed things up and what the outcome was. There are a few threads around where this has been tried but it's not necessarily easy to pull them together in a search. Also the thread often ends without finding out whether the applicant was successful.