EEA4 fast processing times or wishful thinking

[Aladin0987]

Thanks Uk now.

[Aladin0987]

Changes to the Immigration (European Economic Area) Regulations 2006

07 November 2012

On 8 November 2012, the Immigration (European Economic Area) Regulations 2006 will change.

The amended regulations will set out the rights of EEA nationals and their family members to enter and reside in the UK and will also confirm the criteria for rights to permanent residence.

The key changes to the regulations include:

removal of the requirement in regulation 8(2(a) that an extended family member must have resided in a country in which the EEA national also resides. This gives effect to the Court of Justice of the European Union (ECJ) judgment in the case of Rahman (C83/11)
amendments to confer rights of entry and residence on the primary carer of a British citizen. This gives effect to the ECJ judgment in the case of Ruiz Zambrano (C34/09)
amendments to who is to be regarded as a primary carer for derivative rights
amendments to regulation 26 so that a person claiming to be the durable partner of an EEA national may only appeal where they have provided sufficient evidence of the relationship with that EEA national
amendments to enable the Secretary of State to accept alternative evidence of identification and nationality where a person is unable to provide a valid ID card or passport due to circumstances beyond their control.
A right to reside in the UK on the basis of ECJ judgment in Ruiz Zambrano does not stem directly from Directive 2004/38/EC and is therefore referred to as a 'derivative right'. This means that the recognition of this right by the UK is not equal to rights under the directive.

This also means that those who acquire derivative rights are not eligible to acquire permanent residence in the UK, or to sponsor family members in to the UK once they have acquired a right to reside.

A new application form for persons applying on the basis of Ruiz Zambrano will be available on our website shortly. Until this form is published, applicants must complete form EEA2 (see right side of this page) and include a covering letter explaining the reason for their application. Applicants should post the form and letter to this address:

UK Border Agency
European Applications
PO Box 306
Dept 110
Liverpool
L2 0QN

http://www.ukba.homeoffice.gov.uk/sitec ... egulations

[kozyavka]

Re jotter:

I don't think it makes any difference to the Home Office if your EU family member is applying for a PR as well at the same time.

My husband (Spanish) never wanted to have a stamp in his passport that he is a PR here, and neither there is a need for him to become British. I always applied as his wife with the relevant paper work from him (like his P45, P60, contract on rent accommodation, or a council tax bill on our house that comes on both our names). I never worried that my application won't be considered or less considered if he did apply for one or another.

What about Special Delivery envelopes yes, for your piece of mind it's better to send it to them and keep checking your numbers (Trace&Track). Saying that, a few years back, when I was still a student here, I applied to extend my student visa, and everything was fine until I found out that my special delivery was never delivered to me. Someone in Royal Mail stole my passport and I had to go back to my country, spent a few weeks trying to make a new passport, reapply for a student visa all over again, like I never had one.

This time I was checking my numbers every second day to make sure I don't miss it and if it gets delivered I will be the first person to find it out.

Good luck to you all

[jotter]

Re jotter:

I don't think it makes any difference to the Home Office if your EU family member is applying for a PR as well at the same time.

This is not the point that I was making. My point was that a successful application for EEA3 gives peace of mind for an EEA4 application submitted jointly, since the EEA3 is almost always processed much faster.

Thanks for your feedback regarding the envelope, though. It certainly reinforces the point.

[Aladin0987]

Just to let u guys know my little strange story

-My wife got PR after succesful EEA3 application
-I applied for EEA4 on February 2012
-Made complaint five times since the begining of October by e-mail, fax and post but never got any reply from them.
-Been calling them few times a day
-Contacted Mp
-Opened case with Solvit

Still no COA letter
what ealse on earth am I suppose to do?

[Mordoklej]

Have they received your application at all?

You should have got your CoA a week or so after UKBA received your application.

[Aladin0987]

Yes they confirmed that but deny to issue COA letter!
something fishy going on by the bully regime of westminster

[Aladin0987]

Just to let u guys know my little strange story

-My wife got PR after succesful EEA3 application
-I applied for EEA4 on February 2012
-Made complaint five times since the begining of October by e-mail, fax and post but never got any reply from them.
-Been calling them few times a day
-Contacted Mp
-Opened case with Solvit

Still no COA letter
what ealse on earth am I suppose to do?

[jotter]

Yes they confirmed that but deny to issue COA letter!
something fishy going on by the bully regime of westminster

Since your application is over 6 months old, I don't believe there is any point in them issuing you a COA now. The purpose of the COA is to confirm receipt of application and to outline your rights while the UKBA still has more time under EU law to process your application. For your application that time has gone, passed. They need to just process your application directly without any steps in between.

[Aladin0987]

What if they don't process it? they do not litrally do it! what I am supposed to do?
when I call them they say "your application is not being completed,we do not have further information and we can't requst for COA letter, u need to wait"
Is this situation normal??????????????????????? that is all I am asking for! I need someone who could see reallity better than I do, comment on my situation because my thoughts are totally blocked!

[Aladin0987]

Just to let u guys know my little strange story

-My wife got PR after succesful EEA3 application
-I applied for EEA4 on February 2012
-Made complaint five times since the begining of October by e-mail, fax and post but never got any reply from them.
-Been calling them few times a day
-Contacted Mp
-Opened case with Solvit

Still no COA letter
what ealse on earth am I suppose to do?

[Mnc]

What if they don't process it? they do not litrally do it! what I am supposed to do?
when I call them they say "your application is not being completed,we do not have further information and we can't requst for COA letter, u need to wait"
Is this situation normal??????????????????????? that is all I am asking for! I need someone who could see reallity better than I do, comment on my situation because my thoughts are totally blocked!

Although my advice is not qualified, but here it is anyway. I don't know where you should complain and if that works anyways, therefore, I would recommend you get on with your life as usual and ignore it for however long it takes.

Posting the same message over again here may release a bit of your frustration but won't affect the application in anyway.

As you know, I am in the same boat as you are, it's over 6 months and they have not replied. I have now stopped calling them and I visit the forum less than I used to. I keep myself busy with work and evening activities and life is much better than thinking about visa all the time.

I hope it helps.

[Aladin0987]

Brov all I am doing is to let u people know what the bully regime is capable of!

Just to let u guys know my little strange story

-My wife got PR after succesful EEA3 application
-I applied for EEA4 on February 2012
-Made complaint five times since the begining of October by e-mail, fax and post but never got any reply from them.
-Been calling them few times a day they keep saying"your application is not being completed,we do not have further information and we can't requst for COA letter, u must wait"
-Contacted Mp
-Opened case with Solvit

Still no COA letter
what ealse on earth am I suppose to do?

[bobobo]

FYI - the word "Regime" is assosiated with Dictatorship which UK is not. As far as your application is concerned you have done whatever you could, you just have to wait and watch now..

Brov all I am doing is to let u people know what the bully regime is capable of!

Just to let u guys know my little strange story

-My wife got PR after succesful EEA3 application
-I applied for EEA4 on February 2012
-Made complaint five times since the begining of October by e-mail, fax and post but never got any reply from them.
-Been calling them few times a day they keep saying"your application is not being completed,we do not have further information and we can't requst for COA letter, u must wait"
-Contacted Mp
-Opened case with Solvit

Still no COA letter
what ealse on earth am I suppose to do?

[Aladin0987]

Just to let u guys know my little strange story

-My wife got PR after succesful EEA3 application
-I applied for EEA4 on February 2012
-Made complaint five times since the begining of October by e-mail, fax and post but never got any reply from them.
-Been calling them few times a day they keep saying"your application is not being completed, we do not have further information and we can't requst for COA letter, u must wait"
-Contacted Mp
-Opened case with Solvit

Still no COA letter
what ealse on earth am I suppose to do?

[spike_UK]

Just to let u guys know my little strange story

-My wife got PR after succesful EEA3 application
-I applied for EEA4 on February 2012
-Made complaint five times since the begining of October by e-mail, fax and post but never got any reply from them.
-Been calling them few times a day they keep saying"your application is not being completed, we do not have further information and we can't requst for COA letter, u must wait"
-Contacted Mp
-Opened case with Solvit

Still no COA letter
what ealse on earth am I suppose to do?

Bro, my advice would be,,as you have tried all and it didn't work!! just ignore it and you might just get a response from them, do some activities and make yourself busy
You don't have to Copy&Paste your post over and over, I know your frustrations but really will only hurt you mentally, I wish you the best news soon.

[mcclane]

Hi,

I am new for EEA4 permanent residence application. Just wondering if anyone can give me ruff idea?

I have been residing in the UK since 5 years by now and I got married last year and got my 5 years residence card EEA3 September 2011.

Can I still apply EEA4 as I have been working last 5 years in UK?
or Do I need to wait until the residence card expiry date?

Also does my wife need to apply EEA2 before my EEA4 application?

Thanks for helps in advance.

[Jambo]

Can I still apply EEA4 as I have been working last 5 years in UK? or Do I need to wait until the residence card expiry date?
Also does my wife need to apply EEA2 before my EEA4 application?

Unless you have been issued with a RC as unmarried partner, your time before marriage doesn't count for PR under the EEA regulations. You can apply for PR Confirmation (EEA4) 5 years after your marriage. The existing card doesn't need to expire. Your wife doesn't need to apply with you but will need to provide her passport and evidence of exercising treaty rights.

[mcclane]

my situation is a bit different I have been working last 5 years together with my wife and we got married last year. So I am planning to try my chance for PR as all they need to proof them whether you stayed in uk last 5 years which I can easily proof together with my wife. Any idea?

[Jambo]

my situation is a bit different I have been working last 5 years together with my wife and we got married last year. So I am planning to try my chance for PR as all they need to proof them whether you stayed in uk last 5 years which I can easily proof together with my wife. Any idea?

What do you mean your situation is different? Different from what? They need proof you stayed in the UK under the EEA regulations which only started when you got married.

You can try. It did work for some. Others got refused. Going by the book, your time under the EEA regulations only started when you got married. Not before.

[Aladin0987]

I dont get it why Jambo is backing the Homo ffice up?! r u their offiecial slave Jambo or just pimping for them ? lol

[Jambo]

I dont get it why Jambo is backing the Homo ffice up?! r u their offiecial slave Jambo or just pimping for them ? lol

I don't like the language you are using.

Where did I backup anyone? I merely stated the rules and added the outcome of similar applications.

If you have something useful to add, please do so.

[spike_UK]

I dont get it why Jambo is backing the Homo ffice up?! r u their offiecial slave Jambo or just pimping for them ? lol

I don't like the language you are using.

Where did I backup anyone? I merely stated the rules and added the outcome of similar applications.

If you have something useful to add, please do so.

Well even HO sometimes make it easy on applicants but Jambo sticks to his helpless rules which are can be found on HO website. lol

[jotter]

Sticking my neck out, I think most posters asking questions do want clarification on the regulations and IMHO Jambo is one of the best gurus we have in this forum. Goodness knows Jambo has pulled me up a couple of times on incorrect info and was proven right. Flippant and unwarranted criticism is not pleasant to read.

Back to the thread topic, it strikes me that since kozyavka on November 6th we haven't had a single post from someone to say they got their PR. Has the HO stopped issuing them? C'mon people! Give us some good news!

[solitudinarian101]

Back to the thread topic, it strikes me that since kozyavka on November 6th we haven't had a single post from someone to say they got their PR. Has the HO stopped issuing them? C'mon people! Give us some good news!

Hi, I have been a lurker of this forum for quite some time but i cant help but share with you the good news, not to boast, but to give some hope to those who are still waiting for their PR's.

Here's my timeline:

Visa expired - Aug 15 2012
Applied EEA4 -- July 17 2012
Received by HO -- July 18 2012
COA received -- Oct 18 2012
PR Received -- Nov 22 2012 (PR for 10 years)

It took 4 months & 1 week, which is not bad. My case was very straightforward. Been living in London since 2007 with parents (both mom & dad are Spanish). They've been living here for 10 years (both employed for 10 years).

I did not have evidence to prove that i've been living with parents during the first year that i got here (2007-2008) because i was unemployed the whole year (so no bank account, no payslips & no proof of addres). So i guess my whereabouts during my first year here didnt really matter to the HO.

N.B. My parents did not apply for EEA3. I've only sent HO their passports & residence cards (which has expired in 2006). I also did NOT seek any help from a solicitor.

Good luck to all those who are still waiting. Thank you to all those who give light and hope to other people. This is a very helpful thread, indeed.