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Appeal won, what happens next?
Posted: Thu Feb 28, 2019 3:16 pm
by dubsmachine
Hi,
I am English and living in Germany.
I applied for an EEA card for my Russian wife.
It was rejected as I didn't include photo's even though "optional" evidence.
We appealed and won, got the letter saying original decision retracted etc.
What happens next? There is zero information with the letter from the judge.
Will someone contact us for my wife to send her passport? Do we need to apply again or what exactly?
There is no phone number or contact information I can find.
Thanks for any info.
Re: Appeal won, what happens next?
Posted: Thu Mar 07, 2019 12:29 pm
by dubsmachine
Any advice on this one?
Is there a phone number or email anyone can suggest?
Re: Appeal won, what happens next?
Posted: Thu Mar 07, 2019 1:46 pm
by NatCam
Was it a family permit your wife applied for? You said you were living in Germany?
Re: Appeal won, what happens next?
Posted: Thu Mar 07, 2019 1:50 pm
by dubsmachine
It was the EEA permit for my wife as family member of EEA person - as I lived in Germany for 5 years.
Yes we did the application at Dusseldorf in Germany, it got rejected for not having photos to prove our relationship "optional evidence".
Appeal was successful and had letter confirming this but since then nothing - no instructions on what should happen next.
Should someone ask for my wifes passport to be sent, should we apply again?
I have no idea and the government website just tells you how to appeal, not what happens if you win.
Re: Appeal won, what happens next?
Posted: Fri Mar 08, 2019 6:37 am
by NatCam
You should get an e-mail asking to submit the passport.
Re: Appeal won, what happens next?
Posted: Fri Mar 08, 2019 8:19 am
by dubsmachine
NatCam wrote: ↑Fri Mar 08, 2019 6:37 am
You should get an e-mail asking to submit the passport.
Thanks,
any idea the timing? We had letter from judge on 10th Feb
Re: Appeal won, what happens next?
Posted: Fri Mar 08, 2019 12:27 pm
by Obie
You appealed in German court or UK court?
Re: Appeal won, what happens next?
Posted: Fri Mar 08, 2019 12:30 pm
by dubsmachine
UK court, she has residence permit in Germany but it isn't linked to me so applied via UK to enable her to travel there freely with me.
Re: Appeal won, what happens next?
Posted: Fri Mar 08, 2019 12:32 pm
by Obie
I see, you could have applied for EU residence card for her in Germany and travelled with that.
Implementation can take up to 3 months.
Re: Appeal won, what happens next?
Posted: Fri Mar 08, 2019 1:21 pm
by NatCam
3-4 weeks. Can you re-apply? - you could use Priority Service. (I would advise your wife to submit your original passport - not a photocopy, no matter what.)
Are you both in Germany?
Re: Appeal won, what happens next?
Posted: Fri Mar 08, 2019 1:23 pm
by dubsmachine
Yes we are both in Germany.
I didn't expect that we need to make new application otherwise what is the point of the appeal process.
Re: Appeal won, what happens next?
Posted: Fri Mar 08, 2019 6:49 pm
by Obie
Priority service is not available with EEA family permit application.
If OPs appeal has succeeded, then there is no need to reapply. It is a question of implementation.
Other option for OP is to approach the UK Juxtapost port in Calais and show the appeal decision, and his wife will be granted entry to the UK.
Re: Appeal won, what happens next?
Posted: Fri Mar 08, 2019 6:55 pm
by dubsmachine
Exactly, I just don't know how it or when implentation happens as they give no info.
We just have to wait for them to request my wife's passport or do they send a EEA card?
Re: Appeal won, what happens next?
Posted: Fri Mar 08, 2019 9:37 pm
by NatCam
Priority service is available at TLS contact centres.
They will not send you a card - you haven't applied for it.
I very much like Obie's idea. Or - you could wait.
Re: Appeal won, what happens next?
Posted: Fri Mar 08, 2019 11:03 pm
by NatCam
Edit: I suggested reapplying because you don't really know how long it takes (request for the passport and the rest).
By "priority service" I meant: "added value service", when you can submit an application without making an appointment, thus making the process faster.