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I applied for Residence Card as an EEA Family Member in March 2012. My application was declined in September 2012. reasons been we didn't support with enough documents. However, I appealed against the decision of the Home Office and went to the First-tier Tribunal on the 20th November 2012.

I received a determination notice on the 27th November 2012 with ruling in favour. I was further advised that the Home Office would contact me to process my visa and endorse my passport accordingly after 28 days by which decision would hold unless the Home office appeals against this decision within this period.

The period has elapsed and I have not received any form of correspondence. I have spoken to the First-tier Tribunal and they have advised that, all necessary documents relevant for the process have been passed on to the Home Office. I have written to my MP seeking his help which in reply said he has written to the UKBA to look into my case, written to the Judge who heard my case to also help, written to the customer complaint service but nothing still from the home office.

Don’t know anything else to do. Could you give any advice? Very frustrating waiting and all job opportunities passing me by because employers want to see my right to live and work in the country.

Any advice would be much appreciated. Thanks

Sometimes, it is better to start your own thread. You may re-title the thread if you wish by editing it.

Coldfire wrote:I applied for Residence Card as an EEA Family Member in March 2012. My application was declined in September 2012. reasons been we didn't support with enough documents. However, I appealed against the decision of the Home Office and went to the First-tier Tribunal on the 20th November 2012.

I received a determination notice on the 27th November 2012 with ruling in favour. I was further advised that the Home Office would contact me to process my visa and endorse my passport accordingly after 28 days by which decision would hold unless the Home office appeals against this decision within this period.

The period has elapsed and I have not received any form of correspondence. I have spoken to the First-tier Tribunal and they have advised that, all necessary documents relevant for the process have been passed on to the Home Office. I have written to my MP seeking his help which in reply said he has written to the UKBA to look into my case, written to the Judge who heard my case to also help, written to the customer complaint service but nothing still from the home office.

Don’t know anything else to do. Could you give any advice? Very frustrating waiting and all job opportunities passing me by because employers want to see my right to live and work in the country.

Any advice would be much appreciated. Thanks

hi,
Sorry to hear that you have not got any reply from Home office yet I know its very frustrating, I am also a march 2012 applicant and was refused and won the appeal, after waiting for 8 weeks I contacted my local MP, since then Home office is in a regular contact and has told me that I will get me RC and passport in 2 weeks, my appeal was allowed on 20th November 2012 and still I have nothing in hand.Home office has confirmed that due to the backlog they are not processing the appeals on time and delaying appeal cases mostly.HO never returned my passport as they were about to deport me so thats why I feel I have saved some time here, in your case my advise is you should keep in a regular contact with your MP because up there is GOD and down here is MP who can only help, you dont waste your energy and emotions by writing to HO by your self they dont even bother to read.All the best.



BIl

Thanks bil123... Yes i have sent another letter to my MP so still waiting for responds. Really hope yours comes soon as well. Can't believe how long this really takes but we can only keep trying

Do you have the Certificate of Application you received upon first applying for the Residence Card?

There should be a passage to the effect of:

“Certificate of Application

(for family members of EEA nationals, who are not themselves EEA nationals)

Thank you for your application of 23 July 2010 for a Residence Card or Permanent Residence Card. Until such time as your application has been decided by the UK Border Agency, you will be treated for immigration purposes as a family member of a legally resident EEA national and, as such, you are free to live and work in the United Kingdom.

We advise you not to make any non-urgent travel plans until we have decided your application and returned your passport(s) or travel document(s).”

If you have a certificate attesting submission of an application for a family member residence card, you are entitled to work and an employer should not refuse to employ you on that basis. The document itself does not give you the right to work, it is simply evidence of the existence of that right, which came into being because you are married to an EEA national.

Article 25 of the Citizens’ Directive wrote: “Possession of a registration certificate as referred to in Article 8, of a document certifying permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof.”

Relevant info:

sponsors-paranoia-and-unfair-dismissal

H Okuoimose v City Facilities Management (UK) Ltd UKEAT/0192/11/DA

I haven't been in the loop for a while now, perhaps a moderator or someone more knowledgable than me can confirm or deny the validity of this.