EEA4 fast processing times or wishful thinking

[Aladin0987]

*Permanent right of residence

This section has no associated Explanatory Memorandum
15.—(1) The following persons shall acquire the right to reside in the United Kingdom permanently—

(a)an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years; .
(b)a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years; .
(c)a worker or self-employed person who has ceased activity; .
(d)the family member of a worker or self-employed person who has ceased activity; .
(e)a person who was the family member of a worker or self-employed person where— .
(i)the worker or self-employed person has died; .
(ii)the family member resided with him immediately before his death; and .
(iii)the worker or self-employed person had resided continuously in the United Kingdom for at least the two years immediately before his death or the death was the result of an accident at work or an occupational disease; .
(f)a person who— .
(i)has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years; and .
(ii)was, at the end of that period, a family member who has retained the right of residence. .
(2) Once acquired, the right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.

(3) But this regulation is subject to regulation 19(3)(b).

: AND AS U CAN SEE THE FOLLOWING PARAGRAPH IS CONFIRMING THAT AS SOON AS THE FAMILLY MEMBER ENTERED THE UK HE OR SHE IS RESIDED IN THE UK WITH THE EEA NATIONAL IN ACCORDANCE WITH THESE REGULATION

* Initial right of residence
This section has no associated Explanatory Memorandum
13.—(1) An EEA national is entitled to reside in the United Kingdom for a period not exceeding three months beginning on the date on which he is admitted to the United Kingdom provided that he holds a valid national identity card or passport issued by an EEA State.

(2) A family member of an EEA national residing in the United Kingdom under paragraph (1) who is not himself an EEA national is entitled to reside in the United Kingdom provided that he holds a valid passport.

(3) But—

(a)this regulation is subject to regulation 19(3)(b); and .
(b)an EEA national or his family member who becomes an unreasonable burden on the social assistance system of the United Kingdom shall cease to have the right to reside under this regulation.

: BY THE WAY IF HOMO OFFICE KNEW THAT THEY COULD REFUSE HIM THEY WOULD REFUSE HIM 100 TIMES OVER, BUT AS THE TYPICAL BULLY ONCE THEY REALISE THEIR VICTIM IS STRUGGLING THEY LEAVE HIM AND GO TO THEIR NEXT VICTIM, THIS IS THE NATURE OF BULLY,THE BULLY REGIME OF THE UK ARE ONLEY STRONG WHEN THEY KNOW THEIR VICTIM IS WEEK

[sarwar74]

Aladin what that about ?

[dsab85]

Can't we keep this thread free of all the off topic discussions, and just keep it about EEA4 timelines.

That's the only reason I look into it, and I am not interested in any other non timeline related discussions. And I am sure I am not the only one feeling like that.

[Jambo]

*Permanent right of residence

This section has no associated Explanatory Memorandum
15.—(1) The following persons shall acquire the right to reside in the United Kingdom permanently—

(a)an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years; .
(b)a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years; .
(c)a worker or self-employed person who has ceased activity; .
(d)the family member of a worker or self-employed person who has ceased activity; .
(e)a person who was the family member of a worker or self-employed person where— .
(i)the worker or self-employed person has died; .
(ii)the family member resided with him immediately before his death; and .
(iii)the worker or self-employed person had resided continuously in the United Kingdom for at least the two years immediately before his death or the death was the result of an accident at work or an occupational disease; .
(f)a person who— .
(i)has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years; and .
(ii)was, at the end of that period, a family member who has retained the right of residence. .
(2) Once acquired, the right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.

(3) But this regulation is subject to regulation 19(3)(b).

: AND AS U CAN SEE THE FOLLOWING PARAGRAPH IS CONFIRMING THAT AS SOON AS THE FAMILLY MEMBER ENTERED THE UK HE OR SHE IS RESIDED IN THE UK WITH THE EEA NATIONAL IN ACCORDANCE WITH THESE REGULATION

* Initial right of residence
This section has no associated Explanatory Memorandum
13.—(1) An EEA national is entitled to reside in the United Kingdom for a period not exceeding three months beginning on the date on which he is admitted to the United Kingdom provided that he holds a valid national identity card or passport issued by an EEA State.

(2) A family member of an EEA national residing in the United Kingdom under paragraph (1) who is not himself an EEA national is entitled to reside in the United Kingdom provided that he holds a valid passport.

(3) But—

(a)this regulation is subject to regulation 19(3)(b); and .
(b)an EEA national or his family member who becomes an unreasonable burden on the social assistance system of the United Kingdom shall cease to have the right to reside under this regulation.

: BY THE WAY IF HOMO OFFICE KNEW THAT THEY COULD REFUSE HIM THEY WOULD REFUSE HIM 100 TIMES OVER, BUT AS THE TYPICAL BULLY ONCE THEY REALISE THEIR VICTIM IS STRUGGLING THEY LEAVE HIM AND GO TO THEIR NEXT VICTIM, THIS IS THE NATURE OF BULLY,THE BULLY REGIME OF THE UK ARE ONLEY STRONG WHEN THEY KNOW THEIR VICTIM IS WEEK

I don't disagree with the quotes from the regulations. It all boils down to the definition of family member and when a person is considered as such.

Regulation 7 defines "family member":

7.—(1) Subject to paragraph (2), for the purposes of these Regulations the following persons shall be treated as the family members of another person—
(a)his spouse or his civil partner;

(3) Subject to paragraph (4), a person who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card shall be treated as the family member of the relevant EEA national for as long as he continues to satisfy the conditions in regulation 8(2), (3), (4) or (5) in relation to that EEA national and the permit, certificate or card has not ceased to be valid or been revoked.

So in order for time as unmarried partner to be recognised as time under the regulations, the family member has to been issued with a residence document under the EEA regulations.

As far as I understand Spike_UK case, he was living with his wife before their marriage but was under a different visa category and did not apply for a Residence Card as an unmarried partner. In such case, his time before the marriage doesn't count for the 5 years under the regulations.

That is why he was refused initially. He was trying to jump queue (and he knew it) but since the application and the appeal are free, he is trying his luck.

[spike_UK]

jambo u and homo office are both wrong according to the European Economic Area Treaty,

I would be more than happy if you can prove me wrong. Any reference to the treaty that proves I'm wrong?

OK, I got a refusal again, can you guys please talk about something else, thanks.

[Aladin0987]

as u mentioned luck, that itsself decalring the barbarisem mentality which runs the homo office and the entire regime.
ok then let is put it this way jambo, when is the best time for him or any similar case to apply ?
thanks

[spike_UK]

as u mentioned luck, that itsself decalring the barbarisem mentality which runs the homo office and the entire regime.
ok then let is put it this way jambo, when is the best time for him or any similar case to apply ?
thanks

After 5 yrs of marriage providing all the treaty right and ect.

[Jambo]

as u mentioned luck, that itsself decalring the barbarisem mentality which runs the homo office and the entire regime.
ok then let is put it this way jambo, when is the best time for him or any similar case to apply ?
thanks

After 5 yrs of marriage providing all the treaty right and ect.

Or 5 years after receiving RC as unmarried partner.

[Ksiu]

my update

Application sent EEA3/EEA4: 06/08/2012
HO received: 07/08/2012
COAfor EEA4 received: 15/10/2012

waiting PR.....

[Plum70]

Hi Folks,

I am one more addition to this waiting list. Sent off my docs this p.m by SD and should be delivered to the HO by tomorrow p.m.

I have applied as the spouse of a Swiss national who has attained (confirmation of) PR. I do not know if my application will be processed faster because my husband already has his PR confirmation, but I am hoping it will. He has also applied for British Citizenship so we are looking forward to a good start to 2013 with loose ends nicely wrapped up.

Also, I have applied for PR 6 weeks before the 5th anniversary of our marriage and residence in the UK as we had lived together before tying the knot. I did this more to save a few weeks on processing as I imagine the UKBA wouldn't have screened my application before 30 Nov.

I will keep you guys updated as things happen.

[anp]

Lets hope you won't have the same problems that spike_uk had, regarding 5 years marriage. It should indeed help a great deal the fact that your husband has a PR already. From personal experience, I think that all EEA application processes are extremely unpredictable, many times for factors beyond our hands.

My mate for instance is still waiting since March 2012. Possibly the most straightforward case I know. On top of everything else, they even got joint accounts and a mortgage together since 2006, yet...

Best of luck!!

[Plum70]

Lets hope you won't have the same problems that spike_uk had, regarding 5 years marriage.

I am not aware of Spike's difficulties but we will be married for 5 years on 30 Nov. - in 6 weeks. I personally don't envisage this being a stumbling block - besides the process taking up to 6 months - but, as you already said, there is no method to the UKBA's processing so let the results tell!

Your friend who has been waiting since March has complained I expect? This is well beyond the 6 month period laid out in the Directive and s/he should not just sit back and wait.

[arcon1]

Everything depend on God and little bit of lucky i think

my time:

Married in Apr 2007
got my RC sept 2007.Immigration status docu
applied in 2008 for HO to stamp my RC in my passport
Received in feb 2009.Expire 2014...

Applied for PR eea4 june 2012
CoA:no few phone call stil didnt get
PR received oct 2012.

[Plum70]

Applied for PR eea4 june 2012
CoA:no few phone call stil didnt get
PR received oct 2012.

4 months. Not bad.

Now you can relax...

[sarwar74]

arcon1
time over for you very happy can you tell us which day you apply on june.? mine sent 11.06.2012

[arcon1]

Not really four month.just around 3.cos post eea4 27june SD
PR stamp by HO 23sept...
Yes can relax & i hope same to ppl who's waitin to ear and eye great news..

[walidukdz]

Sent mine 26th of June .Still nothing !

[Jules_80]

Hi Guys,

I need a bit of help:
EEA3 & EEA4 sent on 31/03/12
Received by UKBA on 04/04/12
COA never received
Still awaiting PR....

Requested passports back via email on 05/10/12 - nothing received.
Phoned on 15/10/12 and been informed that applications has not been processed. Extremely unhelpful lady on the phone, could only tell be what she saw on the screen in front of her and nothing more.

Does any of you have a contact number that I can try or which route do I take to complain as it is coming up to 6 1/2 months wait for me and our applications are straight forward!

[jotter]

Hi Guys,

I need a bit of help:
EEA3 & EEA4 sent on 31/03/12
Received by UKBA on 04/04/12
COA never received
Still awaiting PR....

Requested passports back via email on 05/10/12 - nothing received.
Phoned on 15/10/12 and been informed that applications has not been processed. Extremely unhelpful lady on the phone, could only tell be what she saw on the screen in front of her and nothing more.

Does any of you have a contact number that I can try or which route do I take to complain as it is coming up to 6 1/2 months wait for me and our applications are straight forward!

1. Get your local MP involved.
2. Write to the HO.
3. Email the HO on the passportreturns address (elsewhere in this thread)
4. Call them again, in fact at least every couple of days
5. Open a case with Solvit (http://ec.europa.eu/solvit/)
6. Online complaints: http://www.ukba.homeoffice.gov.uk/about ... o-complain

[Jules_80]

Thank you Jotter,

I've already done 2 and 3, but will take your advice on the others.

[Jules_80]

Good news!

I phoned them again today and been informed that our application was processed and a package was sent to me on 15/10/12. This obviously happened after I phoned them on 15/10/12.

30mins later the postman knocked on my door with all our documents including the PR.

I will however still write a letter of complaint. It can only help them implementing better systems for the poor souls that needs to go through the same process.

[sarwar74]

you must be very happy now forget about compline not work at all minething is you get it dont make youR self head each you may know who home office IS best thing is forget them and make your self ready to apply for BC and for ever tell them goodby home office. best wish and im really happy you get youR PR

[jotter]

Good news!

I phoned them again today and been informed that our application was processed and a package was sent to me on 15/10/12. This obviously happened after I phoned them on 15/10/12.

30mins later the postman knocked on my door with all our documents including the PR.

I will however still write a letter of complaint. It can only help them implementing better systems for the poor souls that needs to go through the same process.

Fantastic Jules!
This reinforces the point that after six months, if at first they fob you off, call, call again. And yes, do complain anyway. It does everyone else a favour.

[Fab123]

[Fab123]

Applied for EEA4 on the 21/09/2012
Waiting for COA?[/b]