EEA2 application 7 months on, what next?

Ani · Post by **Ani** » Fri Mar 07, 2008 8:50 am

Hi,
I am an Irish citizen engaged to an Albanian. Back in August we made an EEA2 application as we had been living together for 2 years. He came into England as a port entry, but from the reading we'd done it seemed that he should be entitled to the residence card. In January we received a Method of Entry questionnaire, which we completed & returned along with a letter giving additional info & explanations. When we reached the 6 month deadline for decision we still hadn't had any news. I phoned the BIA only to be told the usual "it's under consideration". As the case had gone over 6 months with no decision we put in a complaint, quoting Legislation & Directives. 2 weeks ago we received a letter saying that following the Method of Entry questionnaire our case had been passed on to another team & that it would be outcomed shortly. They have not told us why our case has changed teams, which team it has gone to, or what kind of time scale 'shortly' means!

Does anyone have any ideas as to what could be happening with our case or any advice as to what our next step should be? Are we in a position to get a solicitor on board & start some kind of legal action? Or should we consider pulling out the application & travelling back to Albania & applying for entry that way?

Thank you.

thsths · Post by **thsths** » Fri Mar 07, 2008 3:59 pm

Ani wrote:I am an Irish citizen engaged to an Albanian. Back in August we made an EEA2 application as we had been living together for 2 years. He came into England as a port entry, but from the reading we'd done it seemed that he should be entitled to the residence card.

The problem I can see is that he may not fit the requirements. Since he is an extended family member (not a family member), the UK will apply the national legislation, and therefore his current legal status may be an issue.

So my guess would be that the Home Office is trying to refuse the application, and they are working out whether and how to do that. You can send a letter demanding a result, but that could go either way.

Tom

Ani · Post by **Ani** » Sat Mar 08, 2008 1:33 pm

Thanks for that. Don't know if it makes any difference but he has been in England for 8 & 1/2 years & was given IND papers on entry which gave him temporary admission. I think our next move is going to be to send another letter asking for a proper explanation as to the delay & change of casework team, & depending what comes of that to go & visit a solicitor! It's driving us mad wondering if anything will arrive in the post!

Wanderer · Post by **Wanderer** » Sat Mar 08, 2008 3:17 pm

Ani wrote:Thanks for that. Don't know if it makes any difference but he has been in England for 8 & 1/2 years & was given IND papers on entry which gave him temporary admission. I think our next move is going to be to send another letter asking for a proper explanation as to the delay & change of casework team, & depending what comes of that to go & visit a solicitor! It's driving us mad wondering if anything will arrive in the post!

What was his visa status in the UK for all those years?

lailalaila22 · Post by **lailalaila22** » Sat Mar 08, 2008 6:16 pm

Hi there, about complaining, I dont know if it helps, we are also waiting for residence permit and we applied august 2007 we still got nothing, we tried to complain in dec, we got a letter, conforming our complain and that they will contact us in 4 weeks, but they never did. I call them nearlly every week and they tell me soon, at last they told me that they sent me a letter, but I didnt recieve anything, so then they appologized about mixing things us... and promised they will send me a letter next week

Post by **Directive/2004/38/EC** » Sat Mar 08, 2008 8:13 pm

lailalaila22 wrote:Hi there, about complaining, I dont know if it helps, we are also waiting for residence permit and we applied august 2007 we still got nothing, we tried to complain in dec, we got a letter, conforming our complain and that they will contact us in 4 weeks, but they never did. I call them nearlly every week and they tell me soon, at last they told me that they sent me a letter, but I didnt recieve anything, so then they appologized about mixing things us... and promised they will send me a letter next week :?

You should contact Solvit http://eumovement.wordpress.com/help-eu-solvit/

Ani · Post by **Ani** » Sun Mar 09, 2008 9:04 am

Wanderer wrote:
What was his visa status in the UK for all those years?

He wasn't given a visa & only got a passport 3 years ago! But having read through the Regulations & the Euro Caseworker Instructions we applied on the understanding that they still have to consider giving residency to port entrys & illegal immigrants. Although a lot of it seems to be left to the caseworker's descretion! Is it just with the tightening up of the laws that they're trying to find the smallest reason to refuse?

Ani · Post by **Ani** » Sun Mar 09, 2008 9:11 am

lailalaila22 wrote:Hi there, about complaining, I dont know if it helps, we are also waiting for residence permit and we applied august 2007 we still got nothing, we tried to complain in dec, we got a letter, conforming our complain and that they will contact us in 4 weeks, but they never did. I call them nearlly every week and they tell me soon, at last they told me that they sent me a letter, but I didnt recieve anything, so then they appologized about mixing things us... and promised they will send me a letter next week

Sorry to hear you're having the same problems. Lets hope there will be good news for both of us soon!

Post by **Directive/2004/38/EC** » Sun Mar 09, 2008 3:00 pm

Ani wrote:But having read through the Regulations & the Euro Caseworker Instructions we applied on the understanding that they still have to consider giving residency to port entrys & illegal immigrants.

What do you mean by port entrys?

EU law is very clear that legitimate families have a right to be together. They can only reject a family member for a few very serious things.

Ani · Post by **Ani** » Sun Mar 09, 2008 4:31 pm

[quote="Directive/2004/38/EC"]
What do you mean by port entrys?

A port entry is where they have travelled without visa/documents but have declared themselves to IND on arrival at the port. It's all detailed in the EEA regulations, EC directive, & Euro casework instructions.

Pasha · Post by **Pasha** » Fri Mar 14, 2008 8:57 pm

Has your parther left the UK since arriving 8.5 years ago?

On last entry to the UK and prior to submitting an application for the residence card - which country did your partner arrive from? Was it Albania or Ireland?

You should also bear in mind that unmarried partners are recognised according to national law. Should the relationship be recognised under national law, your partner can submit and application for residence under EU law.

The UK's definition of an unmarried parthership is that it subsisted for a 2 year period where you both lived together in a capacity that is similar to that of marriage or akin to marriage.

My advise if to have a look at what the UK's definition of an unmarried partnership is and go from there making sure you can or have met the requirements. For instance, have you had your relationship duly attested and sent in notarised copy of this with the application?

Ani · Post by **Ani** » Thu Mar 20, 2008 9:35 am

He has remained in the UK for the whole 8.5 years & arrived from Albania.

We researched the definitions in law regarding unmarried partners before making the application! That's why we applied - we meet the criteria! If we didn't there would have been no point! My query with the post was regarding the length of time the HO is taking to make a decision & if anyone had any clues as to what might be happening & what steps we can take.

atenolol · Post by **atenolol** » Sat Dec 13, 2008 12:27 am

Ani wrote:He has remained in the UK for the whole 8.5 years & arrived from Albania.

We researched the definitions in law regarding unmarried partners before making the application! That's why we applied - we meet the criteria! If we didn't there would have been no point! My query with the post was regarding the length of time the HO is taking to make a decision & if anyone had any clues as to what might be happening & what steps we can take.

Any news about ur case? Have u finally received ur RC?

atenolol · Post by **atenolol** » Sat Dec 13, 2008 12:27 am

Ani wrote:He has remained in the UK for the whole 8.5 years & arrived from Albania.

We researched the definitions in law regarding unmarried partners before making the application! That's why we applied - we meet the criteria! If we didn't there would have been no point! My query with the post was regarding the length of time the HO is taking to make a decision & if anyone had any clues as to what might be happening & what steps we can take.

engink · Post by **engink** » Sat Dec 13, 2008 9:18 am

Ani wrote:He has remained in the UK for the whole 8.5 years & arrived from Albania.

We researched the definitions in law regarding unmarried partners before making the application! That's why we applied - we meet the criteria! If we didn't there would have been no point! My query with the post was regarding the length of time the HO is taking to make a decision & if anyone had any clues as to what might be happening & what steps we can take.

hi, i ve just read your post. you saiying that "we meet the criteria" but if you applying as an unmarried partner and your partner doesn t have statu in the uk thas mean you dont meet the criteria.you can t benefit from eu law if you are a unmarried partners. im so sorry to tell you this but most likely you will be refused. as far as i know you will need to appeal ho decision. you have big chance getting rc from court. how i know all this , i was an illegal entrant person until 28 nov 2008.my partner and i applied for unmaried partners rc under eu law. i went thrue all this things myself.but i did not get my recidency under unmarried partners because i got married to my partner while i was waiting for my file to be process.once we got married everything changed immidietly. i have my rc card just last week.(total waiting time for rc 8 months 1 day) good luck

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EEA2 application 7 months on, what next?

EEA2 application 7 months on, what next?

Re: EEA2 application 7 months on, what next?