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EEA FP from Delhi

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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sweetypie1
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EEA FP from Delhi

Post by sweetypie1 » Thu Sep 29, 2011 2:42 pm

Hello,

Was wondering if anyone applied for EEa FP from New Delhi recently? I know each case is different and individual but waiting time is killing me and my husband ;-) its sooo stresful... especially that our case is little conplicated :-/ its already 12th day of waiting...

Was wondering as well do they have any time in which they have to make decision? Like 1month, 6months etc?

Wanted to thank you as well to all great people from this forum for really helpful advices... now just fingr crossed that UKBA approve our application...

We got tracking service thru sms as well... which is really weird as last time status on our application changed on sunday 18th Sept at 8pm? I was surprise... is that means its set automatic? from that time our application is under process....

Thank you

Malwina x

86ti
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Post by 86ti » Thu Sep 29, 2011 3:03 pm

Have you checked the processing times? Looks like they need 10 working days there.

sweetypie1
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Post by sweetypie1 » Thu Sep 29, 2011 3:27 pm

Yaaa i checked the website as well.... but then here

http://www.ukba.homeoffice.gov.uk/count ... angname=UK English

says 15 working days for non-settelment.... was thinking to give them a call after 15days. What do you think?

But they also mentioned that in some cases might take longer... and our is little conplicated as my husband was refused once and send back to India, so thinking they have to check everything....

One more question if I can ;-)

When decision will be made, they will inform as thru sms and email, but dont think will say is it positive or negative.... Was wondering will they tell us when my husband will call them?

Thank you

86ti
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Post by 86ti » Thu Sep 29, 2011 3:39 pm

If you feel that it takes too long why don't you just call them?

I do not know how you will be informed if you were successful or not. Certainly when you pick up all documents.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri Sep 30, 2011 8:49 am

Feel free to call them.

They are required to give the case priority, but it depends on how much else is happening in the office.

sweetypie1
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Post by sweetypie1 » Tue Oct 04, 2011 11:07 am

As yesterday 15 working days passed since we applied for EEA FP I emailed VFS in New Delhi. Got really basic reply, as each case is individual and ECO will make decide based on documents which we sent etc. They adviced to check website for processing times etc. Already did it.

So I think there is nothing much I can ndo, just wait :-/ still under process...

Thanks

Malwina

sweetypie1
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Post by sweetypie1 » Fri Oct 07, 2011 2:39 pm

Just checked UKBA.... they updated the processing time for Uk Visas....
Cant believe its even 60days for EEA FP from New Delhi.... My GOd its really long especially they had only 3 applications....
SO I think again nothing else we can do than wait.... so frustrating... emailed BHC few days ago but dont think they will reply as the processing time change now....

Malwina

Fingers crossed for all of you guys :-)

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri Oct 07, 2011 4:05 pm

You can and should shake the tree until your visa is issued. Send them a letter which lays out the issue and say that you expect priority processing.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Oct 07, 2011 7:40 pm

The UK has 15 working days to issue the visa before you can make a complaint (their guidance). The EU commission considers delays over 15 days to be unreasonable. Use this information as the basis of your complaint to VFS AND UKBA.
Was in similar situation to you when applying from India; complained to VFS, got stock answer "it will be ready when it's ready". Keep at them. There is an obligation on the UK to issue the visa as soon as possible and on the basis of an accelerated procedure. The UK are offering premium service (for other visa categories) in India for those that are willing to pay for it. Effectively you should get a premium service for free. Use this to your advantage. Complain, complain, complain until you get a response.
One other point. Any day that the office is shut does not count (there are loads of public holidays in India). Factor this in.

sweetypie1
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Post by sweetypie1 » Fri Oct 07, 2011 9:28 pm

Thank you for replies...

I sent email to BHC in New Delhi 3 days ago.... waiting for reply, then we will see... auto reply says they have 20 working days to reply but their usual time is 5 working days...

Yaaa India has lots of Bank Holidays... one passed yesterday and next one is 26th now so hopefully will know something before that.

Thank you for all advices... its really frustrating to wait for this decision... this 60days just scares me ;-)

Have a good night and nice weekend everyone...

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Oct 07, 2011 10:06 pm

BHC is British High Commission (embassy in any other country's parlance)
VFS if their local agent.
Complain to both. In my experience, BHC can take longer so keep at VFS, you will have a reference number from them; keep quoting it. They will contact BHC in any case, particularly if you keep quoting "obligation to issue a free visa as soon as possible", there is no discretion or at the whim of the High Commission, which is what the stock answer will be. Use their premium service against them as I suggested. This is for relatively rich Indians who have no automatic right to a visa; no problem with that, but EU are effectively automatic and yours should not queue as a result of the premium service. Goodnight India - I miss her!

sweetypie1
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Post by sweetypie1 » Mon Oct 10, 2011 1:15 pm

EUsmileWEallsmile Thank you for info. I emails VFS already this is the reply:

"Dear Malwina,
Thank you for contacting VFS UK Visa Helpdesk.
With regards to your query, we would like to inform you that your application is under process at the UK Border Agency.

This is also to inform you that the normal visa processing time is from 1 – 4 weeks. However, the discretion to grant a visa lies with UK Border Agency and the processing time can be shorter or longer based on your application, at the discretion of UK Border Agency.

We understand your concern, but this is to inform you the Entry Clearance Officer will try to make a decision using your application form and the supporting documents you have provided with in the stipulated time lines. However as per the process the British High Commission has recommended to allow sufficient time to process the visa in case of further scrutiny if required.

This is further to inform you that each application is subject to an individual assessment and processing times may vary hence applicants are recommended to wait for the processing to be completed.

Please Note: Your visa application will be processed and decided by UK Border Agency. Neither VFS, nor any of our staff, play any part in or influence the outcome of your visa application.

If you would like to contact UK Border Agency directly, please log on http://ukinindia.fco.gov.uk/en/ for more information."

Already know that ;-) I thought they will forward my email to UKBA in India as they mentioned on the website but not.... So now Im waiting for reply from BHC office....
To be honest with you I would pay for this fast track, but because my husband been refuse once already entry to UK we cant.... I thought it might take more as usual because of that.... but one month waiting hmmmm ok 20working days as they counting I thought will be enough for them.... just thinking for example if i would have to wait for 10days more and they you still dont know if it will be granted or not, them appeal or re-apply.... will take ages....
Always thinking positive thooo...

Malwina x

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Oct 10, 2011 1:55 pm

What was your husband previously refused for in the UK? And why? Have you already described that somewhere?

sweetypie1
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Post by sweetypie1 » Mon Oct 10, 2011 2:15 pm

Directive/2004/38/EC

It is complicated... And still Im not sure if we will be able to get EEA FP. I mentioned it in previous posts somewhere.... Will try to write it as clear as I can.....

In Feb my husband been stopped by UKBA on Heathrow and interviewed as they saud his VIsa is fake (applied thru solicitor - he submitted false document) and sent back home (India), when he been charged for misusing travel document... He accept all the charges and case was close wihout any sentence.... Now we know we should do everything different way, but what is done is done... The Officer who interview him adviced him to get married and apply under EEA law... he also never mentioned anything about 10 years ban etc (I found out from internet and really scared about all of this) we got married (not only for the Visa tho if someone would think) - we are together more then 3 years.... (now we thinking should do this before and stay happy without any problems - to late know)... We submitted everything - order from court, letter explaining everything what happened on heathrow (as Immigration Officer told us).

That is why I knew it might take little bit longer to check everything.... I just want to know are we alound to apply for EEa FP or not :-(

Everyday Im reading abou treasons for refusal, Immigration law in UK and EU and getting so confuse....

Sorry for beeing pain ;-)

Malwina[/i]

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Oct 10, 2011 2:21 pm

With a more complicated background, it is likely that your EEA FP application will take longer.

If you do not hear from them by next week, then I think it is reasonable to contact them directly. http://ukinindia.fco.gov.uk/en/about-us ... -complaint gives you an email address.

You should point out that you have applied for an EEA FP, that it should be issued "as soon as possible and on the basis of an accelerated process". Ask the reason for the delay.

sweetypie1
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Post by sweetypie1 » Mon Oct 10, 2011 2:25 pm

Thank you so much for your help....
Will do that. WIth your experience do you think is there any chance we get this EEa FP?

Will keep you updated whats happening, as it might help someone...

Thank you

Malwina

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Oct 10, 2011 2:28 pm

If you are properly married and have been for 3 years, then the onus is on them to justify refusing you. They would be able to do it only on the grounds of public policy, most likely that you have previously lied to UKBA or something like that.

You have a full right of appeal for any refusal. If you need to do that, you might want to get a good UK solicitor who is very experienced with EU law.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Oct 10, 2011 2:49 pm

When did you get together? When did you get married and where?

sweetypie1
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Post by sweetypie1 » Mon Oct 10, 2011 3:56 pm

We are together from December 2008. We met here in the UK.... started living together from September 2009 till February2011 - when he was sent back....
I went to India in July and we got married... came back to UK and in September we applied for EEA FP.

We got our marriage certificate stamped by Public Affairs in New Delhi etc... so its all genuine ;-)

Malwina

sweetypie1
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Post by sweetypie1 » Wed Oct 12, 2011 8:38 am

Hi all

Finally status changed. Processed apllication in Transit. Wish we could chck whats the decision now... So excited and scared. We just want to be together... as most of the people over here. Hope soon I ll post with some good news...
Thank you for all advices....

Have a good day

Malwina

sweetypie1
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Post by sweetypie1 » Fri Oct 14, 2011 12:29 pm

Hiya,

Just to let you know, we got the family permit whoop whoop....
If anyone need advice feel free to post a message....
Im so happy.

Thank you all for advices and support.

Malwina xx

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri Oct 14, 2011 1:33 pm

Good news!

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Oct 14, 2011 9:29 pm

Excellent. I wish you all the best.

I would be interested to know if you had any problems with VFS or if it all went smoothly.

sweetypie1
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Post by sweetypie1 » Sat Oct 15, 2011 9:57 am

We complaint again after 4weeks to vfs and we got excatly the same reply... and then after 3-4hours status changed for processed. Never got my reply from BHC - but maybe thats why it took only 4weeks because i emaied them before. Dont know.

Wanted to ask as well.... As we missing some documents, is it normal that they keeping some off them? Iunderstand that they will keep some copies, bot for example they hold our Electricity bill (orginal & copy), my orginal notoraized copy of my passport (copy they sent back) and few more...

Thanks

Malwina

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sat Oct 15, 2011 10:15 am

What they keep and what they give back seems somewhat random. They should normally return everything you submitted. Ask them for it back!

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