EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Hello all ,I hope for help.
We apply for EEA2 on 29.02.13. After 7 months waiting we resive a letter from HMR on 28.09.13,witch said we need to appeal becs we were reject. So we are ready with all nessesery documents witch they ask from us .We paid the tax for appeal and start waiting letter from them to give us a oder date for the appeal. On 20.11.13 finaly the letter come and the date of the appeal is 09.06.14 .
On my colculation this make 16 months waiting.
During this period i got pregnant ,i lost the baby .One year latter i got pregnant again and to not lost this baby too stop working so active.(the baby is due 18.06.14 this is 10 days after appeal date) I decaite to apply for WTC ( Working tax creadit) and after i resive a form from HMR with documents i need to send them i sow that some of the documents are with the EEA application. Spoke with my partner loyer he said i will try to take the document you need , But still dont have them.
I missed the dead line and lost my right to apply.
I think that this applications shoudnt be so hard procedure.Some how i feel that my humans rights are attached ,with taking my documents and hold them so long period . the life is changing . I missed oportuneties wich could be very helpful now when am not abble to work in my full power.
This is my appeal to everybody witch are or were in this situation ,PLEASE help me with some advice .How we can make this period to become shorter?
Thank you very much!

I completely understand your pains and what you are going through. As it stands the Government has given directive to reduce immigration and now they are doing it aggressively to the point that most applications are thrown out to appeal (Judges) to decide. Now the tricky bit is the judicial system is choked up that all appeal dates have to be after 9 months. I have a friend whose appeal date is mid June 2014 after he applied for appeal since August 2013, can you imagine. I do not have any experience on the benefit side of things wrt your baby but sure some guru will respond shortly. I do hope you find rest while waiting and to console you, my application and appeal process took precisely 2 years and 2 months before it was sorted out.

karina6677 wrote:Hello all ,I hope for help.
We apply for EEA2 on 29.02.13. After 7 months waiting we resive a letter from HMR on 28.09.13,witch said we need to appeal becs we were reject. So we are ready with all nessesery documents witch they ask from us .We paid the tax for appeal and start waiting letter from them to give us a oder date for the appeal. On 20.11.13 finaly the letter come and the date of the appeal is 09.06.14 .
On my colculation this make 16 months waiting.
During this period i got pregnant ,i lost the baby .One year latter i got pregnant again and to not lost this baby too stop working so active.(the baby is due 18.06.14 this is 10 days after appeal date) I decaite to apply for WTC ( Working tax creadit) and after i resive a form from HMR with documents i need to send them i sow that some of the documents are with the EEA application. Spoke with my partner loyer he said i will try to take the document you need , But still dont have them.
I missed the dead line and lost my right to apply.
I think that this applications shoudnt be so hard procedure.Some how i feel that my humans rights are attached ,with taking my documents and hold them so long period . the life is changing . I missed oportuneties wich could be very helpful now when am not abble to work in my full power.
This is my appeal to everybody witch are or were in this situation ,PLEASE help me with some advice .How we can make this period to become shorter?
Thank you very much!

Why HMR refused your EEA 2????

Appeal date 9.06.14????

Are you talking about any tax appeal??

Or

EEA 2 refused application appeal????

EEA2 Application: 11/01/12
COA Recieved: 16/01/12
Rejection Letter : 12/06/12 not Received by solicitor as he did not pick mail up. Changed solicitor and contacted HO again in Dec
Rejection Letter Re-issued: 19/12/12 with right of appeal
First Tier Appeal Lodged: 05/01/13
First Tier Appeal Hearing: 19/06/13
First Tier Appeal Allowed: 19/06/13
HO Appealed to Upper Tribunal: 20/06/13
Upper Tribunal Hearing: 02/10/13
HO Withdrew: 09/10/13 thus Upper Tribunal maintained FT decision to allow
RC ISSUED ON: 27/11/13
RC yet to be Received from Solicitor

I applied for a RC as the unmarried partner of an EEA (German) national.
My German partner and I had lived together for 18 months at the time of the first application. Details below:

01-05-2013: Sent EEA2 application for RC as unmarried partner of EEA national exercising treaty rights as a jobseeker
07-05-2013: C.O.A issued (don't remember when I received it)
03-06-2013: Sent paper request for sponsor's passport
05-06-2013: UKBA received request
08-06-2013: Received sponsor's passport, cover letter dated 05-06-2013
19-07-2013: RC refused, caseworker misread documents assumed my partner was unemployed for 16 months instead of 4 months (added a whole year to the timeline)
25-07-2013: Received the refusal
26-07-2013: Filed appeal to IAT and paid online, requested paper hearing
27-07-2013: Sent supporting documents to IAT
30-09-2013: IAT acknowledged appeal and I was given 28-10-2013 deadline to submit any further documentation

05-10-2013: reapplied for RC as unmarried partner of EEA national exercising treaty rights as a worker
06-10-2013: HO received application and cheque payment
08-10-2013: Acknowledgement of payment and receipt of application issued
24-10-2013: C.O.A issued (received 30-10-3013)
06-11-2013: sent paper request for both passports (after 1 online request, 2 documents not received follow ups online, and 1 email request to euro passport return)
13-11-2013: Passports received (cover later dated 08-11-2013)

07-11-2013: Received notification of IAT determination: Appeal allowed on 05-11-2013
19-11-2013: Sent paper request for RC since appeal had been allowed
27-11-2013: HO called EEA partner's workplace to confirm his employment status
30-11-2013: Received RC on Immigration Status Document (issued 27-11-2013, with reference for the new application and not the one that had gone though to appeal)

So, first application 01-05-2013 to 27-09-2013 including appeal process (6 months and 26 days), second application 05-10-2013 to 27-09-2013 1 month and 22 days.

I did not use the services of a solicitor but would like to acknowledge the very useful and helpful information that I got from this forum.

Thank you

@Chipmash congrats @Davmck70 congratulations too we too shall be sharing our good news soon

OlaDPounds wrote:@Chipmash congrats @Davmck70 congratulations too we too shall be sharing our good news soon

We shall celebrate with you soon. Many thanks OlaDPounds.

OlaDPounds wrote:@Chipmash congrats @Davmck70 congratulations too we too shall be sharing our good news soon

Thanks @OlaDPounds

Davmck70 wrote:

OlaDPounds wrote:@Chipmash congrats @Davmck70 congratulations too we too shall be sharing our good news soon

We shall celebrate with you soon. Many thanks OlaDPounds.

You're welcome guys.

chipmash wrote:

OlaDPounds wrote:@Chipmash congrats @Davmck70 congratulations too we too shall be sharing our good news soon

Thanks @OlaDPounds

@Chipmash just a quick one. When your application was refused, was your passport held by the HO?

Hey Guys, I had my appeal allowed over 10 weeks ago, I kept calling HO and they said I had to wait as it was in process. I called HO again yesterday and they said the case has been forwarded back to the case working team and they should reach a decision within another 4-6 weeks.
Is this normally how the process is? or is it just that mine is complicated?
Many Thanks

matt234 wrote:Hey Guys, I had my appeal allowed over 10 weeks ago, I kept calling HO and they said I had to wait as it was in process. I called HO again yesterday and they said the case has been forwarded back to the case working team and they should reach a decision within another 4-6 weeks.
Is this normally how the process is? or is it just that mine is complicated?
Many Thanks

Contact your MP immediately
http://findyourmp.parliament.uk/

We both arrived in UK on 22nd October 2013, from Dunkirk.

Her is Non - EEA citizen from China.
I am UK citizen.

We therefore used the Surinder Singh, route, where my wife applied fro EEA-FP in Paris, which was granted, hence, whey we are both in UK now.

So all documents passports, etc, sent off today, 05/12/2013.
So they will receive it all tomorrow.

GW

Graham Weifang wrote:We both arrived in UK on 22nd October 2013, from Dunkirk.

Her is Non - EEA citizen from China.
I am UK citizen.

We therefore used the Surinder Singh, route, where my wife applied fro EEA-FP in Paris, which was granted, hence, whey we are both in UK now.

So all documents passports, etc, sent off today, 05/12/2013.
So they will receive it all tomorrow.

GW

Nice move Graham and hopefully you get her the RC sooner as it seems the HO is doing well with straight forward cases so I wish you guys the best.

Hi guys kindly help @Anj03 with advises as I received a PM and I think he didn't realise he was sending me a pm. See below for his message. Thanks

Hi,there im a non eu national and my partner she is from eu I applied in april 2013 for eea2 as a unmarried partner,i send them all the documents from last two years like council tax,gas bill,water bill,etc etc..and our child birth certificate as well,and in October they send to us a latter regarding CSI so I bought strait away and I send them after one week,and when I apply I have not any visa as well means im illegal in uk bcoz they keep my passport last year when I make one another application in uk domestic immigration,so now I come again on my this eea2 application yesterday I recevid refusal about my eea2 and they give me appeal right but I have only 8days left and they give me refusal (1) bcoz I c,nt prove them from ours COHABITION FROM TWO YEARS (2)they are not happy with proof of my partner treaty rights in uk means what documents I send them they not happy bcoz when I apply my partner she is student then after she is jobseekeri send them both,and I send them my child birth certificate and now my child almost 2.5 years old so I dnt understend how they say like this I cant prove them cohabition from two year,and now I want to know if any budy have any idea for me about my situation means what is good for me appeal or resubmit or reconsideration request bcoz I hear now a dayes no budy get early date in court so I dnt know what I do im very confuse plz help me....thanks for reading Sad

OlaDPounds wrote:Hi guys kindly help @Anj03 with advises as I received a PM and I think he didn't realise he was sending me a pm. See below for his message. Thanks

Hi,there im a non eu national and my partner she is from eu I applied in april 2013 for eea2 as a unmarried partner,i send them all the documents from last two years like council tax,gas bill,water bill,etc etc..and our child birth certificate as well,and in October they send to us a latter regarding CSI so I bought strait away and I send them after one week,and when I apply I have not any visa as well means im illegal in uk bcoz they keep my passport last year when I make one another application in uk domestic immigration,so now I come again on my this eea2 application yesterday I recevid refusal about my eea2 and they give me appeal right but I have only 8days left and they give me refusal (1) bcoz I c,nt prove them from ours COHABITION FROM TWO YEARS (2)they are not happy with proof of my partner treaty rights in uk means what documents I send them they not happy bcoz when I apply my partner she is student then after she is jobseekeri send them both,and I send them my child birth certificate and now my child almost 2.5 years old so I dnt understend how they say like this I cant prove them cohabition from two year,and now I want to know if any budy have any idea for me about my situation means what is good for me appeal or resubmit or reconsideration request bcoz I hear now a dayes no budy get early date in court so I dnt know what I do im very confuse plz help me....thanks for reading Sad

I don't see reason for the refusal except for the fact the HO can claim you didn't either way specify how your partner is exercising treaty right as you claim she was a student at the time of the application and later a job seeker which you send to them also. Also you don't need to have an existing visa to apply under the EU law so that is nothing to worry about and also your child is an important part they should put into consideration. Is your partner your child's mother? And did you provide them photographs and do you believe documents you submitted as evidence are sufficient to support your case? As per appeal, re-apply or reconsideration. I will advice you to go for reconsideration first and make sure you post your letter to the write department and also make the postage a normal delivery and another recorded delivery so they can receive either way as some recorded delivery can't be tracked I have experienced it before each time I track it shows they are still processing it through there network for over 2months and Royal Mail claim through phone the postage was delivered.

thanks for reply all readers,yes this child is our child bcoz my partner come to uk in 2009 and she get divorce from her ex.that time she have two kids we meet in 2010 and then she give birth to our child so thing is this from 2011 july to till july2013 I take care for every busy bcoz I have job but in july 2013 in COA I HAVE NO RIGHT TO WORK SO I STOP MY JOB,then after see apply for jobseeker,housing,child,council benefits I dnt know its good thing for me or bad so plz tell me how I go ahed with appeal or recondistional request plz

anj03 wrote:thanks for reply all readers,yes this child is our child bcoz my partner come to uk in 2009 and she get divorce from her ex.that time she have two kids we meet in 2010 and then she give birth to our child so thing is this from 2011 july to till july2013 I take care for every busy bcoz I have job but in july 2013 in COA I HAVE NO RIGHT TO WORK SO I STOP MY JOB,then after see apply for jobseeker,housing,child,council benefits I dnt know its good thing for me or bad so plz tell me how I go ahed with appeal or recondistional request plz

Does your wife exercise treaty right in the United Kingdom?

OlaDPounds wrote:

Graham Weifang wrote:We both arrived in UK on 22nd October 2013, from Dunkirk.

Her is Non - EEA citizen from China.
I am UK citizen.

We therefore used the Surinder Singh, route, where my wife applied fro EEA-FP in Paris, which was granted, hence, whey we are both in UK now.

So all documents passports, etc, sent off today, 05/12/2013.
So they will receive it all tomorrow.

GW

Nice move Graham and hopefully you get her the RC sooner as it seems the HO is doing well with straight forward cases so I wish you guys the best.

.
Thank you.

It seems strait forward, as the EEA-FP has already been granted and used to enter UK.
So I can't really see any problems in issuance of the residence card.

We sent it by Royal Mail "Track & Trace"
Delivered

Your item with reference SF********GB was delivered from our DURHAM Delivery Office on 06/12/13 .

Thank you for using our Special Delivery Guaranteed™ service.

GW[/u]

yes but I think we did one thing wrong bcoz she is studying and when we apply that time she have cource duration till july and after that she get new cource so we not send that papers that's why they refuse our application and till now we r not married means when I apply I apply as a unmarried partner bcoz we have one child so plz suguest me what I do now plzi go for appeal or recondiration.....?

anj03 wrote:yes but I think we did one thing wrong bcoz she is studying and when we apply that time she have cource duration till july and after that she get new cource so we not send that papers that's why they refuse our application and till now we r not married means when I apply I apply as a unmarried partner bcoz we have one child so plz suguest me what I do now plzi go for appeal or recondiration.....?

I will suggest you provide the HO with relevant documents to convince them with a cover letter why you think they should reconsider your case because court date can be next 10 months so go for reconsideration and wait for their decision which should take just few weeks instead and with positive mind you never know.

Graham Weifang wrote:

OlaDPounds wrote:

Graham Weifang wrote:We both arrived in UK on 22nd October 2013, from Dunkirk.

Her is Non - EEA citizen from China.
I am UK citizen.

We therefore used the Surinder Singh, route, where my wife applied fro EEA-FP in Paris, which was granted, hence, whey we are both in UK now.

So all documents passports, etc, sent off today, 05/12/2013.
So they will receive it all tomorrow.

GW

Nice move Graham and hopefully you get her the RC sooner as it seems the HO is doing well with straight forward cases so I wish you guys the best.

.
Thank you.

It seems strait forward, as the EEA-FP has already been granted and used to enter UK.
So I can't really see any problems in issuance of the residence card.

We sent it by Royal Mail "Track & Trace"
Delivered

Your item with reference SF********GB was delivered from our DURHAM Delivery Office on 06/12/13 .

Thank you for using our Special Delivery Guaranteed™ service.

GW[/u]

Good so the countdown begins tick tick tick

thankes for reply OLA can u tell me if I go for appal an then them reconsideration request and if they refuse my request its possible when my appeal in court mean time can I make new application as well or not ,pls give me advise if u can.

thankes for reply OLA can u tell me if I go for appeal an then send HOME OFFICE reconsideration request and if they refuse my request its possible when my appeal in court mean time can I make new application as well or not ,pls give me advise if u can.

anj03 wrote:thankes for reply OLA can u tell me if I go for appeal an then send HOME OFFICE reconsideration request and if they refuse my request its possible when my appeal in court mean time can I make new application as well or not ,pls give me advise if u can.

We are all here for one another @Anj03.

Yes request for a reconsideration with supporting documents and a cover letter stating why they should.

Oral hearing will be the best option for you which is about 140quid but you might need the service of the a good solicitor/barrister if you think you can't handle it yourself but I am not 100% sure of the reapplying. It has worked for certain people on this forum to appeal, request for reconsideration and reapply at the same time which I tried but by the time the new application was treated, I went for my hearing which was allowed and when I requested for the withdrawal of the new application the Ho EU rep told me it doesn't make any difference and all he could say was a waste of my money as I got an appeal going on so why put in another application then I pretended I was adviced by my solicitor then he categorically told me they(Solicitor) only want my money . So I hope the senior members can come in here for what they think is right as well.

If for me I will rather go for the reconsideration and reapply or reconsideration and appeal but not the 3. Thanks