EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

soniac · Post by **soniac** » Wed May 01, 2013 4:21 am

On-line appeal submitted: april 29
Documents sent: april 30
Reconsideration request sent: april 30
Local MP made aware of situation to put pressure for a quick turn around.

I hope it works and my partner can finally get his residence card and we can move forward with our future plans.

EEA2APPLICANT · Post by **EEA2APPLICANT** » Wed May 01, 2013 2:51 pm

Hi everyone,

HO refused my application for silly reason. my tenancy agreement clearly says all bills included. now they want to see council tax bills and water bills!!! and they said on the letter decision was made on the last day of 6 month deadline(10th of April)!!! Here are some parts of the refusal letter:

Dear Mr ...........

....................... You have not provided sufficient documentation to suggest you are in a durable relationship.As a result you have failed to demonstrate that you are an extended family member as defined in regulation 8 of the immigration(European Economic Area)Regulations 2006.Your application therefore refused under regulation 8(5) of those regulations. You have a right to appeal against this decision.

We believe that the evidence provided in this application shows evidence of a durable relationship for at least two years. We would need to see more evidence to support your durable relationship i.e. council tax bills and water bills.

A&A · Post by **A&A** » Sat May 04, 2013 7:27 pm

skmfk wrote:hello guys

today my solicitor got a call from home office they asked him to withdraw our appeal as the lawyers of home office has decided to grant me residence. my lawyer without informing me withdrew the appeal.. do u think it was a good idea ? or should have waited for a written confirmation first?

you must send an email to te solicitor asking for the reason why did he withdraw the appeal without asking from you & what was the outcome or the result please share here.

A&A · Post by **A&A** » Sat May 04, 2013 7:29 pm

EEA2APPLICANT wrote:Hi everyone,

HO refused my application for silly reason. my tenancy agreement clearly says all bills included. now they want to see council tax bills and water bills!!! and they said on the letter decision was made on the last day of 6 month deadline(10th of April)!!! Here are some parts of the refusal letter:

Dear Mr ...........

....................... You have not provided sufficient documentation to suggest you are in a durable relationship.As a result you have failed to demonstrate that you are an extended family member as defined in regulation 8 of the immigration(European Economic Area)Regulations 2006.Your application therefore refused under regulation 8(5) of those regulations. You have a right to appeal against this decision.

We believe that the evidence provided in this application shows evidence of a durable relationship for at least two years. We would need to see more evidence to support your durable relationship i.e. council tax bills and water bills.

you need to appeal it & go for a papers hearing & you will win the case i am sure.

good luck

EEA2APPLICANT · Post by **EEA2APPLICANT** » Sat May 04, 2013 8:28 pm

My solicitor already appealed and its an oral hearing. Is it not a good idea?

A&A wrote:
EEA2APPLICANT wrote:Hi everyone,

HO refused my application for silly reason. my tenancy agreement clearly says all bills included. now they want to see council tax bills and water bills!!! and they said on the letter decision was made on the last day of 6 month deadline(10th of April)!!! Here are some parts of the refusal letter:

Dear Mr ...........

....................... You have not provided sufficient documentation to suggest you are in a durable relationship.As a result you have failed to demonstrate that you are an extended family member as defined in regulation 8 of the immigration(European Economic Area)Regulations 2006.Your application therefore refused under regulation 8(5) of those regulations. You have a right to appeal against this decision.

We believe that the evidence provided in this application shows evidence of a durable relationship for at least two years. We would need to see more evidence to support your durable relationship i.e. council tax bills and water bills.
you need to appeal it & go for a papers hearing & you will win the case i am sure.

good luck

A&A · Post by **A&A** » Tue May 07, 2013 2:02 am

EEA2APPLICANT wrote:My solicitor already appealed and its an oral hearing. Is it not a good idea?

A&A wrote:
EEA2APPLICANT wrote:Hi everyone,

HO refused my application for silly reason. my tenancy agreement clearly says all bills included. now they want to see council tax bills and water bills!!! and they said on the letter decision was made on the last day of 6 month deadline(10th of April)!!! Here are some parts of the refusal letter:

Dear Mr ...........

....................... You have not provided sufficient documentation to suggest you are in a durable relationship.As a result you have failed to demonstrate that you are an extended family member as defined in regulation 8 of the immigration(European Economic Area)Regulations 2006.Your application therefore refused under regulation 8(5) of those regulations. You have a right to appeal against this decision.

We believe that the evidence provided in this application shows evidence of a durable relationship for at least two years. We would need to see more evidence to support your durable relationship i.e. council tax bills and water bills.
you need to appeal it & go for a papers hearing & you will win the case i am sure.

good luck

Yes it's a good idea to do an oral hearing as the inperson costs & takes a long time.

Good luck mate.

Babz · Post by **Babz** » Tue May 07, 2013 9:05 am

onthemoon wrote:I NEED ADVICE?????

MY APPEAL IS ALLOWED NEARLY ONE MONTH, BUT MY SOLICITOR ADIVSED ME NOT SEND PASSPORT UNTILL HOME OFFICE ASK FOR IT,THE REASON HE SAID THAT BECAUSE THERE IS CHANCES TO LOOSE PASSPORT.....

WHAT SHOULD I DO, SHOULD I SEND PASSPORT OR WAIT ??????

ANY ADVICE WILL APPRECIATED .................

THANKS

Call the appeal tribunal on 03001231711,select option 3
Also call the UKBA liverpool office....
They should be able to advice you.

Babz · Post by **Babz** » Tue May 07, 2013 9:50 am

My take on the appeal process is that it's a complex dubious money fleecing system used to generate millions of pounds from EEA applicants whose applications are generally free.
I called the appeal tribunal this morning and was told they are presently dealing with applications sent in on 23/3/13.Yes,MARCH applications, and we are in May already.Just imagine the amount of appeal applications they are handling and the amount they generate from such applications(minimum of £80/application).
More reason I'm not surprised at the flimsy excuses they give for refusing EEA applications. More so, the same reason they put up dodgy EEA application forms.
For instance, taking a look at section 7.4 on page 14 of the EEA2 application form, i.e 'Evidence of self-employment/business please provide AT LEAST ONE of the following documents'...In other words,any one of the documents should be sufficient... But if you supply just one of the these documents,the UKBA will gladly refuse your application based on the fact that you haven't supplied the rest. This is a deliberate attempt to mislead would-be applicants so that they can make them pay some money the appeal tribunal. I've had an appeal before so I know how this thing works.
For instance,during my appeal for student visa application in 2011, the UKBA representative argued that because in the section where one lists the documents submitted,I had written 'certificates and transcripts', I didn't specify which certificates I was referring to,my appeal shouldn't allowed. But because I had this certificates to hand and were issued before I applied for the visa,the judge allowed my appeal and the UKBA ended up not appealing.
More reason I decided to go for paper appeal because at the end of the day MOST EEA appeals are allowed(provided you submit reasonable evidence). To me, the appeal is a business.I'll put it simply as a scam

Mr. Ali · Post by **Mr. Ali** » Sun May 12, 2013 5:58 pm

Letter from (UKBA) the most unprofessional department i have ever come across in my life.

"Upon assesing the evidence provided from Ireland The Secretry of State has been unable to determine that the British Citizen was an Employed Person in another EEA state before returning to to the United Kingdom and that you were living together in the EEA State together before returning to the United Kingdom."

>>>> Then How the Hell Irish Immigration Issued me a Residence Card on behalf of my British National wife? If She wasn't working there?

>>>> I have given you Pay Slips, P45, PPS (same as NIN) of my wife

>>>> I have given you approval letter of my Residence Card from Irish Immigration, Which shows our picture as well on it and states that we have met all the requirements to be a family member of a British who was working in Ireland at that time

>>>> If that wasn't enough for you i have given you Her private Health Insurance Certificate

>>>> If that wan't enough for you i have given our joint bank statements and her mobile phone bills

What else could i offer more to make you satisfy???????

Then The UKBA goes on .......

"Your British Citizen Family Member has also failed to provide evidence that they are qualified person as set out in Regulation 6 of the Immigration EEA Regulations 2006.

It is therefore conclude that you have failed to provide Sufficient Evidence to demonstrate that your EEA family Member Currently a qulified person in the United Kingdom as a worker, as detailed under Regulation 9 (2) (a) and Regulation 6 of the Immigration EEA Regulation 2006."

>>>> My wife is employed in UK from Nov 2011 and has have never stopped working since then and we have sent her payslips too

>>>> Her employer stamped the application form with the details of her employment as well

I am so so so angry on UKBA. Seems like the have never even looked on the documents in all those 7 months. And if that wasn't enough they didn't send us all the documents that we have posted to them. They never sent us back my wife's Irish Payslips, Irish P45, Irish Tax Certificate.

I need help please .........

Jambo · Post by **Jambo** » Sun May 12, 2013 6:23 pm

Mr. Ali wrote:Letter from (UKBA) the most unprofessional department i have ever come across in my life.

"Upon assesing the evidence provided from Ireland The Secretry of State has been unable to determine that the British Citizen was an Employed Person in another EEA state before returning to to the United Kingdom and that you were living together in the EEA State together before returning to the United Kingdom."

>>>> Then How the Hell Irish Immigration Issued me a Residence Card on behalf of my British National wife? If She wasn't working there?

>>>> I have given you Pay Slips, P45, PPS (same as NIN) of my wife

>>>> I have given you approval letter of my Residence Card from Irish Immigration, Which shows our picture as well on it and states that we have met all the requirements to be a family member of a British who was working in Ireland at that time

>>>> If that wasn't enough for you i have given you Her private Health Insurance Certificate

>>>> If that wan't enough for you i have given our joint bank statements and her mobile phone bills

What else could i offer more to make you satisfy???????

Then The UKBA goes on .......

"Your British Citizen Family Member has also failed to provide evidence that they are qualified person as set out in Regulation 6 of the Immigration EEA Regulations 2006.

It is therefore conclude that you have failed to provide Sufficient Evidence to demonstrate that your EEA family Member Currently a qulified person in the United Kingdom as a worker, as detailed under Regulation 9 (2) (a) and Regulation 6 of the Immigration EEA Regulation 2006."

>>>> My wife is employed in UK from Nov 2011 and has have never stopped working since then and we have sent her payslips too

>>>> Her employer stamped the application form with the details of her employment as well

I am so so so angry on UKBA. Seems like the have never even looked on the documents in all those 7 months. And if that wasn't enough they didn't send us all the documents that we have posted to them. They never sent us back my wife's Irish Payslips, Irish P45, Irish Tax Certificate.

I need help please .........

Having a Residence Card in a member state is not a proof of employment there as there are other categories that qualify for one (for example, your wife could have been a student in Ireland. Then you would get a residence card. However for Surinder Singh route, only employment counts)

If I were you, I would write back to the HO (addressed to the case worker if you have his name) and request a reconsideration and point out that you have provided proof of employment in Ireland which was ignored.

Mr. Ali · Post by **Mr. Ali** » Sun May 12, 2013 6:35 pm

Jambo wrote: Having a Residence Card in a member state is not a proof of employment there as there are other categories that qualify for one (for example, your wife could have been a student in Ireland. Then you would get a residence card. However for Surinder Singh route, only employment counts)

If I were you, I would write back to the HO (addressed to the case worker if you have his name) and request a reconsideration and point out that you have provided proof of employment in Ireland which was ignored.

Yes as i have mentioned earlier on that i have provided more than one type of proof that she was employed there.

How can i get the caseworkers name as its not mentioned on the letter. Just signature. Would you mind to tell me if you know the procedure to write for a Reconsideration?

Jambo · Post by **Jambo** » Sun May 12, 2013 7:02 pm

Mr. Ali wrote:
Jambo wrote: Having a Residence Card in a member state is not a proof of employment there as there are other categories that qualify for one (for example, your wife could have been a student in Ireland. Then you would get a residence card. However for Surinder Singh route, only employment counts)

If I were you, I would write back to the HO (addressed to the case worker if you have his name) and request a reconsideration and point out that you have provided proof of employment in Ireland which was ignored.

Yes as i have mentioned earlier on that i have provided more than one type of proof that she was employed there.

How can i get the caseworkers name as its not mentioned on the letter. Just signature. Would you mind to tell me if you know the procedure to write for a Reconsideration?

Is there a team number/reference on the letter? Try to address it to them.

There is no formal procedure to follow for reconsideration, basically you write a letter back to the HO (same address as the application form) with subject - request for reconsideration and you detail in the letter why you believe the decision was wrong (basically rejected based on missing evidence they already had). Make sure you have details of your case (reference numbers, passport numbers, names, DOB etc so they can link it to your application).

Mr. Ali · Post by **Mr. Ali** » Sun May 12, 2013 7:05 pm

Jambo wrote:
Mr. Ali wrote:
Jambo wrote: Having a Residence Card in a member state is not a proof of employment there as there are other categories that qualify for one (for example, your wife could have been a student in Ireland. Then you would get a residence card. However for Surinder Singh route, only employment counts)

If I were you, I would write back to the HO (addressed to the case worker if you have his name) and request a reconsideration and point out that you have provided proof of employment in Ireland which was ignored.

Yes as i have mentioned earlier on that i have provided more than one type of proof that she was employed there.

How can i get the caseworkers name as its not mentioned on the letter. Just signature. Would you mind to tell me if you know the procedure to write for a Reconsideration?
Is there a team number/reference on the letter? Try to address it to them.

There is no formal procedure to follow for reconsideration, basically you write a letter back to the HO (same address as the application form) with subject - request for reconsideration and you detail in the letter why you believe the decision was wrong (basically rejected based on missing evidence they already had). Make sure you have details of your case (reference numbers, passport numbers, names, DOB etc so they can link it to your application).

Thank you so much Jumbo
Just one more thing. As i have right to appeal. Should i go for appeal and Reconsideration at the same time?

Jambo · Post by **Jambo** » Sun May 12, 2013 7:19 pm

Mr. Ali wrote:
Jambo wrote:
Mr. Ali wrote:
Jambo wrote: Having a Residence Card in a member state is not a proof of employment there as there are other categories that qualify for one (for example, your wife could have been a student in Ireland. Then you would get a residence card. However for Surinder Singh route, only employment counts)

If I were you, I would write back to the HO (addressed to the case worker if you have his name) and request a reconsideration and point out that you have provided proof of employment in Ireland which was ignored.

Yes as i have mentioned earlier on that i have provided more than one type of proof that she was employed there.

How can i get the caseworkers name as its not mentioned on the letter. Just signature. Would you mind to tell me if you know the procedure to write for a Reconsideration?
Is there a team number/reference on the letter? Try to address it to them.

There is no formal procedure to follow for reconsideration, basically you write a letter back to the HO (same address as the application form) with subject - request for reconsideration and you detail in the letter why you believe the decision was wrong (basically rejected based on missing evidence they already had). Make sure you have details of your case (reference numbers, passport numbers, names, DOB etc so they can link it to your application).
Thank you so much Jumbo
Just one more thing. As i have right to appeal. Should i go for appeal and Reconsideration at the same time?

I would. An apeal also triggers a review of the decision by the HO before the hearing. Maybe someone would come to their senses.

I know this is not a comfort to you but it seems that the HO is making unprofessional decisions to everyone (including British citizens) and not only the "foreigners".

sila · Post by **sila** » Mon May 13, 2013 2:34 pm

hi there please help me
eea2 on 27 September 2012
ho recived 16 October 2012
refused on 25 may 2013
reson for refusal is
visa expired 31 march 2011 which is my old visa my new visa is valid up to 20 may 2014
my eea2 also state that my sponcers self employed business address is also home address .my tenancy agreement not alowd to so so
ni contributions not show
you have show personal bank account
not shown invoces

maboaa2 · Post by **maboaa2** » Thu May 16, 2013 2:45 pm

hi guyz,my appeal was allowed on the 6th of march and I haven't receive my RC yet.can someone give me the email address and the number to call them so that I can follow it up.thanx

chursy · Post by **chursy** » Tue May 21, 2013 10:20 am

Guys

I applied around 18th March and received the Resident card along with all the documentation today. thats two months turn around. Additionally i requested my passports to be sent back as well in april sometime which were received withing 4 working days.

My documentation was very clear and my case was straight forwarded. good luck to all

Babz · Post by **Babz** » Tue May 21, 2013 10:32 am

sila wrote:hi there please help me
eea2 on 27 September 2012
ho recived 16 October 2012
refused on 25 may 2013
reson for refusal is
visa expired 31 march 2011 which is my old visa my new visa is valid up to 20 may 2014
my eea2 also state that my sponcers self employed business address is also home address .my tenancy agreement not alowd to so so
ni contributions not show
you have show personal bank account
not shown invoces

What did you apply as? (married partner etc)

Babz · Post by **Babz** » Tue May 21, 2013 10:35 am

sila wrote:hi there please help me
eea2 on 27 September 2012
ho recived 16 October 2012
refused on 25 may 2013
reson for refusal is
visa expired 31 march 2011 which is my old visa my new visa is valid up to 20 may 2014
my eea2 also state that my sponcers self employed business address is also home address .my tenancy agreement not alowd to so so
ni contributions not show
you have show personal bank account
not shown invoces

Didn't your bank statement show trading activity?

CODEBLUE · Post by **CODEBLUE** » Tue May 21, 2013 3:38 pm

I appealed successfully on 18th February for my EEA2..i received the good news from my lawyer on the 8th of March. Still havent heard anything up to this point. I have been reading and researching and they state it takes HO about 12weeks to work it out. But i have also read cases where applicants waited for a record 5 months after successful appeals for the RC.
Am getting ready to turn up the heat after the end of this month. Am ready to go for the Judicial Review if need be. Someone said Appeals are just a money generating business. I totally agree. Why deny a visa only to get that overrrturned? It's quite moronous really.

maboaa2 · Post by **maboaa2** » Thu May 30, 2013 6:11 am

CODEBLUE wrote:I appealed successfully on 18th February for my EEA2..i received the good news from my lawyer on the 8th of March. Still havent heard anything up to this point. I have been reading and researching and they state it takes HO about 12weeks to work it out. But i have also read cases where applicants waited for a record 5 months after successful appeals for the RC.
Am getting ready to turn up the heat after the end of this month. Am ready to go for the Judicial Review if need be. Someone said Appeals are just a money generating business. I totally agree. Why deny a visa only to get that overrrturned? It's quite moronous really.

I emailed rob and they forwarded it to Clarke.she wrote that she would expect that it will take 2 to 4 weeks for me to hear from them.i pray that I will receive my RC in this time frame.email rob and lets see the outcome.

CODEBLUE · Post by **CODEBLUE** » Thu May 30, 2013 9:46 am

maboaa2 wrote:
CODEBLUE wrote:I appealed successfully on 18th February for my EEA2..i received the good news from my lawyer on the 8th of March. Still havent heard anything up to this point. I have been reading and researching and they state it takes HO about 12weeks to work it out. But i have also read cases where applicants waited for a record 5 months after successful appeals for the RC.
Am getting ready to turn up the heat after the end of this month. Am ready to go for the Judicial Review if need be. Someone said Appeals are just a money generating business. I totally agree. Why deny a visa only to get that overrrturned? It's quite moronous really.
I emailed rob and they forwarded it to Clarke.she wrote that she would expect that it will take 2 to 4 weeks for me to hear from them.i pray that I will receive my RC in this time frame.email rob and lets see the outcome.

Okay. I hope they do!! can you please send me his email address? Thankyou.

maboaa2 · Post by **maboaa2** » Thu May 30, 2013 7:34 pm

CODEBLUE wrote:
maboaa2 wrote:
CODEBLUE wrote:I appealed successfully on 18th February for my EEA2..i received the good news from my lawyer on the 8th of March. Still havent heard anything up to this point. I have been reading and researching and they state it takes HO about 12weeks to work it out. But i have also read cases where applicants waited for a record 5 months after successful appeals for the RC.
Am getting ready to turn up the heat after the end of this month. Am ready to go for the Judicial Review if need be. Someone said Appeals are just a money generating business. I totally agree. Why deny a visa only to get that overrrturned? It's quite moronous really.
I emailed rob and they forwarded it to Clarke.she wrote that she would expect that it will take 2 to 4 weeks for me to hear from them.i pray that I will receive my RC in this time frame.email rob and lets see the outcome.
Okay. I hope they do!! can you please send me his email address? Thankyou.

Rob.Whiteman@Homeoffice.gsi.gov.uk

chinouk · Post by **chinouk** » Sun Jun 02, 2013 10:36 pm

Hi guys,
My EEA2 application has been refused and allow me to appeal. However they forgot to attach the form. I have sent the letter to case worker, but I dont know when he will send it to me, at the mean time, what should I do? as my current visa has been expired, I dont know if i should re-apply within 28 days or just keep waiting?

thanks

Juss · Post by **Juss** » Fri Jun 07, 2013 1:59 pm

Hi,
My Lawyer sent grounds of appeal in May to Queens Bench of High court.

Any one have knowledge of High court time span for Jr.

Thanks in Advance to all of you guys.

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EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Re: MY EEA2 APPEAL IS ALLOWED BY GRACE OF ALLAH

Plz Help

Re: Plz Help

Re: Plz Help

GOT THE RESIDENT CARD

Appeal Allowed..still waiting..

Re: Appeal Allowed..still waiting..

Re: Appeal Allowed..still waiting..

Re: Appeal Allowed..still waiting..

No Appeal form attached, what should I do?

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