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Confused after appeal

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

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bunny80
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Posts: 69
Joined: Mon Aug 06, 2007 1:28 pm

Confused after appeal

Post by bunny80 » Sat Mar 27, 2010 7:17 pm

I am an EEA citizen married to an american and we won our appeal (we applied as self-sufficient last year and were denied for ridiculous reasons) about a month and a half ago. After receiving the letter confirming our appeal had been allowed we kept in touch with our solicitor and they kept saying they will let us know if anything comes up but it took them over a month to send the request for the release of our residence documents.

Now I know from reading the tribunal letter that the HO only has 5 days to appeal so why did they wait for over a month to ask the authorities to print and send us our id's. Is this normal? How long does it usually take to get them after the request has been made?

Thanks!

bunny80
Junior Member
Posts: 69
Joined: Mon Aug 06, 2007 1:28 pm

Post by bunny80 » Tue Apr 27, 2010 12:59 pm

it's been over a month since our solicitor asked the HO to release our residence cards and send us back our passports. we called them and they said they don't give details about how long it takes, not even as an average. we are supposed to get them in the mail, right? how long does it usually take?

CheGuevara
- thin ice -
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Home Office

Post by CheGuevara » Tue Apr 27, 2010 1:15 pm

Incompetent organisation run by ignorant folk, they just make rules as they go.

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Tue Apr 27, 2010 1:44 pm

bunny80 wrote:it's been over a month since our solicitor asked the HO to release our residence cards and send us back our passports. we called them and they said they don't give details about how long it takes, not even as an average. we are supposed to get them in the mail, right? how long does it usually take?
A "regular" application appears to take a few months at the moment but for an appeal case it may be different. I guess you won't get much of a useful answer here except speculations...

The wording of the appeal court's decision would be quite interesting. From your original message it was not fully clear why the RC was denied in the first place.

bunny80
Junior Member
Posts: 69
Joined: Mon Aug 06, 2007 1:28 pm

Post by bunny80 » Tue Apr 27, 2010 2:28 pm

86ti wrote:
bunny80 wrote:it's been over a month since our solicitor asked the HO to release our residence cards and send us back our passports. we called them and they said they don't give details about how long it takes, not even as an average. we are supposed to get them in the mail, right? how long does it usually take?
A "regular" application appears to take a few months at the moment but for an appeal case it may be different. I guess you won't get much of a useful answer here except speculations...

The wording of the appeal court's decision would be quite interesting. From your original message it was not fully clear why the RC was denied in the first place.

well, the HO said they don't consider gambling a reliable and stable source of income and that's that. the appeal judge disagreed because of all the bank statements going back almost 2 years, sites tracking my poker sessions and she decided it was stable and reliable enough (by the way, it's my understanding that's not even a valid reason to reject an application since it's not in the HO's ''wording'' - that's what the barrister and an immigration judge/solicitor have told me).


i'm not sure what you mean by ''a regular application appears to take a few months at the moment but for an appeal case it may be different''. we received the appeal decision around mid-february, the HO didn't appeal against it and it's already been over 2 months . it should just be about printing our cards and shipping them along with our passports and other docs, right? we did get our bank statements returned a few weeks ago, but that was it. could they be lost, is there anything we could do or anyone we could call?

86ti
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Post by 86ti » Tue Apr 27, 2010 2:42 pm

What I meant is that a freshly made application in a straightforward case should not take more than a few months at the moment. In your case it should really just be a matter of endorsing the document in the passport and sending it back. But I do not know what could be the cause of the delay or how long it could possibly take.

bunny80
Junior Member
Posts: 69
Joined: Mon Aug 06, 2007 1:28 pm

Post by bunny80 » Tue Apr 27, 2010 2:56 pm

86ti wrote:What I meant is that a freshly made application in a straightforward case should not take more than a few months at the moment. In your case it should really just be a matter of endorsing the document in the passport and sending it back. But I do not know what could be the cause of the delay or how long it could possibly take.
ah, i see.

bunny80
Junior Member
Posts: 69
Joined: Mon Aug 06, 2007 1:28 pm

Post by bunny80 » Fri Apr 30, 2010 3:14 pm

so there is no one we can call and at least make sure they haven't lost our documents?

86ti
Diamond Member
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Post by 86ti » Sat May 01, 2010 7:41 am

If it went back to Liverpool you can try http://www.ukba.homeoffice.gov.uk/conta ... tem=217535 .

bunny80
Junior Member
Posts: 69
Joined: Mon Aug 06, 2007 1:28 pm

Post by bunny80 » Wed May 26, 2010 2:05 pm

we tried calling every home office place and our solicitor ( who seems to be on holiday half of the time and MIA the other half). nobody knows what's going on. would it be any good to try contacting our local MP? we have a new conservative one :oops:

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Jun 04, 2010 12:34 am

Yes, contacting your MP is a very good idea. Make sure you send them a copy of the appeal decision, and indicate that you have not heard from UKBA.

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