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EEA Family Permit - Delay in Processing in New York

Posted: Wed Jun 05, 2013 5:28 pm
by uva123
Hi,

I'm a US citizen who is married to an EU citizen living in the UK. We applied for the EEA Family permit and it's been 5 weeks since the New York consulate acknowledged receiving all of my documents. I keep writing to Worldbridge asking for status update and the only response I get is -- the ECO is reviewing your application. UKBA's website says that 100% of EEA family permits get processed in 10 business days. I know this application is supposed to get priority. I read that under the EU laws, a delay of more than 4 weeks is considered unreasonable. I've written a complaint to the NY Consulate (visa_complaintsNY@fco.gov.uk), but have not gotten a response. Is there anything else I can do other than wait?

Also, there is nothing unusual in my case. I've lived in the UK before under tier 2 and never broke any laws (immigration or other). I sent in everything the EEA application requires -- proof of marriage, proof of my wife's employment in the UK for the past several years, and a bunch of other additional docs (we sent in enough documents to satisfy the more stringent UK spouse visa requirements).

I'm really dissapointed with the customer service of the NY Consulate. Any advice would be greatly appreciated.

Posted: Wed Jun 05, 2013 5:38 pm
by Jambo
I understand it's too late now but why would a US citizen apply for a EEA Family Permit if he can just get on a flight and get it sorted at the border?

Posted: Wed Jun 05, 2013 5:43 pm
by uva123
I have a job here in the US and would not want to leave my job and then risk getting rejected for some arbitrary reason at the border. I've also never heard of anyone going to the border and applying there? Seems risky.

Posted: Wed Jun 05, 2013 5:58 pm
by Jambo
EEA Family Permit is not mandatory and you can seek entry at the border by presenting the same documents you sent for the EEA FP. In my view it's more risky trusting the ECO would issue the visa (See also Q1 in EEA FAQs - Common Questions - Read before posting - EEA Family Permit).

You can also try calling them (if they answer the phone) or complain to the UKBA in the UK.

Posted: Wed Jun 05, 2013 6:06 pm
by uva123
Jambo wrote:EEA Family Permit is not mandatory and you can seek entry at the border by presenting the same documents you sent for the EEA FP. In my view it's more risky trusting the ECO would issue the visa (See also Q1 in EEA FAQs - Common Questions - Read before posting - EEA Family Permit).

You can also try calling them (if they answer the phone) or complain to the UKBA in the UK.
I tried calling their agent, Worldbridge, who charge 3$ per minute, and the response I got was the same as over the email -- the ECO is reviewing your case and we don't know anything. Is there a good email to complain? I've tried writing to the NY consulate itself to the email they provide for complaints, but never get any response. I'm running out of ideas of where I can complain. Thanks!

Posted: Wed Jun 05, 2013 9:15 pm
by EUsmileWEallsmile
Notwithstanding the fact that you could have entered without a family permit, the delays quoted are over the standard processing times.

Be a pain, keep emailing, etc. Don't waste your money on phone calls, you won't get anywhere and won't be reimbursed.

Quote article 5 of the directive "as soon as possible, on the basis of an accelerated procedure"

Posted: Wed Jun 05, 2013 9:23 pm
by Jambo
I'm guessing the delays are not the fault of the consulate. I suspect they have contacted the HO to verify your wife's employment in the UK and that is the reason for the delay. Previous reports on the NYC consulate were quite positive. Try to contact/call them directly. Don't go via worldbridge.

Posted: Wed Jun 05, 2013 9:48 pm
by uva123
Jambo wrote:I'm guessing the delays are not the fault of the consulate. I suspect they have contacted the HO to verify your wife's employment in the UK and that is the reason for the delay. Previous reports on the NYC consulate were quite positive. Try to contact/call them directly. Don't go via worldbridge.
Maybe, though we submitted 12-months worth of her original payslips, her orig bank account statements showing receipt of pay, her original employment contract stamped by her company, and a letter from her company verifying her dates of employment on the company letter head and also stamped with an official company stamp. She's also lived in the UK for the past 10 years.

Unfortunately I don't know of a way to contact the NY Consulate directly. Seems like you can only do so through Worldbridge, who are useless. NY UKBA is a bureaucratic nightmare...

Posted: Thu Jun 06, 2013 9:07 pm
by EUsmileWEallsmile
Certainly don't waste your money on phone calls to a third party service provider. Think of them as a screen to protect valuable consulate staff from doing their work. That said, "as soon as possible, accelerated procedure".

Keep emailing.

Posted: Thu Jun 06, 2013 9:25 pm
by uva123
EUsmileWEallsmile wrote:Certainly don't waste your money on phone calls to a third party service provider. Think of them as a screen to protect valuable consulate staff from doing their work. That said, "as soon as possible, accelerated procedure".

Keep emailing.
Thanks, but where would you email in New York? Is it their complaints department? The ridiculous thing about this whole process is that you basically don't have any way to contact the consulate itself -- just Worldbridge. Their delay is approaching 6 weeks now and I have literally nothing I can do but wait. I have a job offer in the UK which I might lose because the company is getting impatient with me.

Posted: Fri Jun 07, 2013 10:31 pm
by EUsmileWEallsmile
I have not looked at the consulates website, but there will be a general contact address. Equally, the service provider will have an email (cheaper than phone). I hope you understand and can quote that the law says "as soon as possible, etc"