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Hello all,

Looking for some sort of comon advice on this one.

We all know that an EEA residence card as per "The Immigration (European Economic Area) Regulations 2006" regulation 17 schedule 1, 2 and 3 should be issued within six months.

But, does the six months start from the application date or from the date UKBA issued the COA i.e the receipt of the application?

My wife’s six months date is coming up in 2 weeks and I am preparing a SAR, a complaint and a claim for compensation from the UKBA for:

1. Incorrect issued COA (no rights to work even I am a qualified worker with 10 years in the bag) causing all sorts of problems when applying for language courses, work etc.
I have even raised this misunderstand in writing not to mention several phone calls to UKBA. Even my MP has written to UKBA and received a reply that did not at all address my concern.

2. Failure to issue the residence card with in the six months window as per the regulation 2006, the UKBA work process guidelines issued by themselves, EU Directive/2004/38/EC

3. And because my MP has not even ben capable of getting a reply to this totally unacceptable precedence of using the max time frame to process –not an application – but all applications.
I am sure ECJ did not have the six months’ time frame in mind with the firm intention of allowing any government administration max the time frame out on each and every application. So this is a personal way of raising awareness of UKBA’s despicable view on the applicants’ right to a life under EU regulations.

I will go all the way and am also preparing a pre-action letter to UKBA for compensation.

Does any of you guys and gals think it is worth while going all the way?


Before hand many thanks for any advice given.

Eldanes

Article 10(1) of directive 2004/38EC and Regulation 17(3) of the EEA regulation 2006, are clear on the fact that the 6 months, is from the day of the application.

It is very well open to you to seek damages, if they refuse to issue a COA to your wife, confirming her right to work, even though you have provided evidence confirming that you are a qualified person, or an EEA national with a right of permanent residence.

eldane wrote:Hello all,

Looking for some sort of comon advice on this one.

We all know that an EEA residence card as per "The Immigration (European Economic Area) Regulations 2006" regulation 17 schedule 1, 2 and 3 should be issued within six months.

But, does the six months start from the application date or from the date UKBA issued the COA i.e the receipt of the application?

My wife’s six months date is coming up in 2 weeks and I am preparing a SAR, a complaint and a claim for compensation from the UKBA for:

1. Incorrect issued COA (no rights to work even I am a qualified worker with 10 years in the bag) causing all sorts of problems when applying for language courses, work etc.
I have even raised this misunderstand in writing not to mention several phone calls to UKBA. Even my MP has written to UKBA and received a reply that did not at all address my concern.

2. Failure to issue the residence card with in the six months window as per the regulation 2006, the UKBA work process guidelines issued by themselves, EU Directive/2004/38/EC

3. And because my MP has not even ben capable of getting a reply to this totally unacceptable precedence of using the max time frame to process –not an application – but all applications.
I am sure ECJ did not have the six months’ time frame in mind with the firm intention of allowing any government administration max the time frame out on each and every application. So this is a personal way of raising awareness of UKBA’s despicable view on the applicants’ right to a life under EU regulations.

I will go all the way and am also preparing a pre-action letter to UKBA for compensation.

Does any of you guys and gals think it is worth while going all the way?


Before hand many thanks for any advice given.

Eldanes

As a poster who makes a reasonable contribution (I've read your posts), I'm disappointed to see that you've had problems.

The directive is very clear and although the UK did not bother transposing it (this does not absolve them of their obligations), family member of EU nationals are allowed to work.

Complain and seek compensation.

[b] Article 23 Citizen Directive[/b] wrote:
Article 23
Related rights
Irrespective of nationality, the family members of a Union citizen who have the right of residence or the right of permanent residence in
a Member State shall be entitled to take up employment or self-employment there.

[b] Article 25 Citizen Directive[/b] wrote:
Article 25
General provisions concerning residence documents

1. 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.

It really is annoying, I am waiting for over 14 months in total for RC and there's no reply yet. If you decided to take action against UKBA please let us know as well coz I might do the same.
I'll soon compile and add my complete timeline.

I am waiting for very long time for this residence card to come.
Please help me with considering a legal action against the home office.

Choi Saab wrote:It really is annoying, I am waiting for over 14 months in total for RC and there's no reply yet. If you decided to take action against UKBA please let us know as well coz I might do the same.
I'll soon compile and add my complete timeline.

too long...

Choi Saab wrote:I am waiting for very long time for this residence card to come.
Please help me with considering a legal action against the home office.

I suggest you use the guidance here: http://www.justice.gov.uk/courts/proced ... l/prot_jrv

Good luck,
Eldanes

Please guyz take legal actions, this abuse of power and denial of rights should be stopped by all means. Until one steps up to this abuse legally nothing will change, there will always be some random applications and even more will languish at the desks of UKBA case workers.

Please guyz take legal actions, this abuse of power and denial of rights should be stopped by all means. Until one steps up to this abuse legally nothing will change, there will always be some random applications and even more will languish at the desks of UKBA case workers.

Do not passively wait until 6 months are up. Send them a reminder, by Special Delivery, at 5 months. And keep a record. It can also form a part of any subsequent legal action you take.

Ok guys I've decided to share my 'EEA2' story here.
The first application I sent was based on cohabitation and we got married and sent the marriage certificate later. They sent the COA confirming the right to work and refused my application without the right of appeal the following month . *facepalm*

Even though I wanted to go for a judicial review, my solicitor warned me of the high costs and lengthy process. He assured me that sending a fresh application would be cheaper and quicker than a judicial review so we agreed on sending a fresh EEA2.

It took us a few weeks and we sent the application, this time with some additional documents and letters from NHS showing that we were expecting our first child together. My Mrs started her maternity leave and slowly we started to feel the financial squeeze.

After 6 months passed, I started writing emails and calling HO but to no avail. Somebody suggested that we write to our MP which we did only to wait for another 9 weeks for the MP to reply. After 9 weeks of waiting, I rewrote to my MP via theyworkforyou.com and received a reply next day. "Thank you for your emails. I have today spoken to the Home Office regarding your case. I learnt that your application is still pending but that it has been assigned to a caseworker and was last worked on yesterday.
 
I have also written on your behalf to the Home Office requesting that a decision is made at the earliest opportunity. It takes six weeks for the Home Office to respond to all MPs’ letters. I understand this can be a frustrating process, but I will write to you again as soon as I have more information.
 
In the meantime, you can make a formal request for your documents to be returned to you. This is not always possible unless an application is also cancelled – please do be careful not to request the cancellation of your application when you complete the form: http://www.ukba.homeoffice.gov.uk/about ... documents/. You should also pursue your complaint against the Home Office (to show that such delays are not to be tolerated) and, if necessary, I will assist you in a complaint to the Ombudsman."

Now in about ten more days it will be 9 months since my application. I'm in such a desperate need to have my documents back for AT LEAST the following reasons
*Register my son in embassy and finally get him a passport.
*Rent a flat because the tiny studio we live in is getting unsafe for my 6 months old.
*Apply for a NI number and start looking for a job.

P.s. Thank you Eldane for the link. I'm seriously considering a legal action.

Choi Saab wrote:Ok guys I've decided to share my 'EEA2' story here.
The first application I sent was based on cohabitation and we got married and sent the marriage certificate later. They sent the COA confirming the right to work and refused my application without the right of appeal the following month . *facepalm*

Even though I wanted to go for a judicial review, my solicitor warned me of the high costs and lengthy process. He assured me that sending a fresh application would be cheaper and quicker than a judicial review so we agreed on sending a fresh EEA2.

It took us a few weeks and we sent the application, this time with some additional documents and letters from NHS showing that we were expecting our first child together. My Mrs started her maternity leave and slowly we started to feel the financial squeeze.

After 6 months passed, I started writing emails and calling HO but to no avail. Somebody suggested that we write to our MP which we did only to wait for another 9 weeks for the MP to reply. After 9 weeks of waiting, I rewrote to my MP via theyworkforyou.com and received a reply next day. "Thank you for your emails. I have today spoken to the Home Office regarding your case. I learnt that your application is still pending but that it has been assigned to a caseworker and was last worked on yesterday.
 
I have also written on your behalf to the Home Office requesting that a decision is made at the earliest opportunity. It takes six weeks for the Home Office to respond to all MPs’ letters. I understand this can be a frustrating process, but I will write to you again as soon as I have more information.
 
In the meantime, you can make a formal request for your documents to be returned to you. This is not always possible unless an application is also cancelled – please do be careful not to request the cancellation of your application when you complete the form: http://www.ukba.homeoffice.gov.uk/about ... documents/. You should also pursue your complaint against the Home Office (to show that such delays are not to be tolerated) and, if necessary, I will assist you in a complaint to the Ombudsman."

Now in about ten more days it will be 9 months since my application. I'm in such a desperate need to have my documents back for AT LEAST the following reasons
*Register my son in embassy and finally get him a passport.
*Rent a flat because the tiny studio we live in is getting unsafe for my 6 months old.
*Apply for a NI number and start looking for a job.

P.s. Thank you Eldane for the link. I'm seriously considering a legal action.

I will advice you contact them on your own instead, waiting for lawyers/solicitors to contact HO may cause delay as they have other issues to deal with, dont wait for ur solicitor, pls go ahead and take action, call, mail and make sure you remind them everyday

Good luck in advance

Directive/2004/38/EC wrote:Do not passively wait until 6 months are up. Send them a reminder, by Special Delivery, at 5 months. And keep a record. It can also form a part of any subsequent legal action you take.

Well directive, guess what I was told when I phoned again yesterday.

Sir, we can't give you any progress report before after 6 months??!!

Me: wtf are you talking about. You have by law an obligation to process these applications before 6 months. So why the he!! would I want to know the status of my application after 6 months when at that point I should be sitting with my wifes residence card in my hand?

I was then told there was a case worker assigned but no update as to when I could expect the application to be processed.

Me: Told that was unacceptable. Was told that only 5 monts had passed and they stillhad 1 month left. I then told I think you need to use your fingers to count the number of months and days and you will see we are only short of 2 weeks from completing 6 months.
Hearing the lady from UKBA on the phone; 12 of March, 12 of April, 12 of May, 12 of June, 12 of July, 12 of august ...... That is five months!!!
Me: Darling how many days from 12 of August to 27 of August? 15 days right? So that is half of a month meaning UKBAs time is almost up on this application.
What is the name of the case worker so I can begin legal proceedings?
Lady UKBA: Oh, I can't give you that information.
Me: Never mind, I can progress my legal actions without that information. Many thanks. Good bye.

Send them a letter laying out the facts. Send it by special delivery. Leave out the opinion.

Also do a http://www.ukba.homeoffice.gov.uk/navig ... onal-data/ SAR

Directive/2004/38/EC wrote:Send them a letter laying out the facts. Send it by special delivery. Leave out the opinion.

Also do a http://www.ukba.homeoffice.gov.uk/navig ... onal-data/ SAR

Hi,

Did a sar just this Friday 5 days ago so guess I will get some sort of reaction.

Many thanks,
Eldanes

SARs take a long time. If you want a reaction, then directly address the caseworker in a letter.

I would suggest you also request the immediate return of your travel documents.

I believe it has got to the stage where a Pre-action protocol should be sent to the HO, and a Judicial proceedings to follow, if the UKBA refuse to get its house in order.

Obie wrote:I believe it has got to the stage where a Pre-action protocol should be sent to the HO, and a Judicial proceedings to follow, if the UKBA refuse to get its house in order.

I know Obie, can't wait till the 12 of September when I will fire the entire arsenal off in form of a complaint, claim for compensation from the UKBA, letter to MP and a pre-action letter all of the mentioned sitting ready for dispatch.

Directive, I know a SAR can take time but anyways I will need the case documents to shape my case against UKBA and the case won't go to court any time soon due to the time lines and procedure in a pre-action case has to be adhered to.

Many thanks,
Eldanes

Why wait until mid September? Send another request/reminder letter off today. It will get there on Friday.

This ensures there is evidence that they knowingly overstepped the time limit. And that adds to your case, should you have to submit one, for mid September.

I called the HO today and after giving her the required info, I asked her why have they taken 9 months already and when will I get a reply.
She told me that my application was still pending and gave me a great piece of advice

"you can wait until you hear from us"

WHAT!!!!???? :@

Did you explain the law to the person on the phone? Most HO employees are probably not aware of the 6 month requirement.

Directive/2004/38/EC wrote:Did you explain the law to the person on the phone? Most HO employees are probably not aware of the 6 month requirement.

I did ask her to explain me why the UKBA is in breach of the strict 6 months rule but as expected, no satisfactory answer.

"We aim to decide the applications within 6 months but some applications may not be straight forward, or due to the lack of resources there might be delays"

0.o

Choi Saab wrote:

Directive/2004/38/EC wrote:Did you explain the law to the person on the phone? Most HO employees are probably not aware of the 6 month requirement.

I did ask her to explain me why the UKBA is in breach of the strict 6 months rule but as expected, no satisfactory answer.

"We aim to decide the applications within 6 months but some applications may not be straight forward, or due to the lack of resources there might be delays"

0.o

Interesting explanation.
Perhaps she would care to explain why you can't not rob a bank, why you must not cross the street when red, why you can not violate speed limiits on the highway, why you can't commit paedofilia and she will probably explain because the law says so and you will go to prison - yet a UK goverment body can constantly violate UK law and nothing happens to them.

Food for a thought.

https://www.whatdotheyknow.com/request/ ... I27127.pdf

Issuing registration certificates, residence cards, permanent residence cards and documents certifying permanent residence

8. Residence cards, registration certificates, permanent residence cards and
documents certifying permanent residence must be issued to any
applicants that are entitled to them in line with the requirements of the
Directive and Regulations. Failure to meet the obligations to issue such
documents within the stipulated time frame exposes the UK to the risk of
domestic challenge for breach of statutory duty and/or infraction
proceedings by the European Commission for failure to comply with the
terms of the Directive.