EEA4 fast processing times or wishful thinking

[jotter]

Guys could u please advice how to make a complaint regarding an EEA4 as I have been waiting for more than 6 months now.
Many Thanks

Additionally to seeing your MP
- send the letter as they suggested
- email them on the passport returns mail address (listed elsewhere in this thread)
- open a case with Solvit
- keep at them by calling regularly (who knows, you may get someone more helpful on the line)

[spike_UK]

Guys could u please advice how to make a complaint regarding an EEA4 as I have been waiting for more than 6 months now.
Many Thanks

So when you ring them,,what is their response? what they hold it or take too long?
Do they want some more information? do they ask you for something else?
You should really make a phone calls and complains everyday bro.
Good luck.

[Aladin0987]

Sarwar spike Jotter thank u boys for ur recomendation, u may never be able to understand how great ur help was

[spike_UK]

Sarwar spike Jotter thank u boys for ur recomendation, u may never be able to understand how great ur help was

You welcome, let us know what happens next.

[sarwar74]

Today is 4 months gone still no thing any news from yours.?

[dsab85]

So far I have been positively surprised with our EEA4 application experience. Our timeline is:

EEA4 sent 03 September 2012
EEA4 received by UKBA on 04 September 2012
Requested return of EU Spouse Passport 26 September 2012
EU Spouse Passport returned 02 October 2012
COA received 12 October 2012 (dated 09 October 2012)

So far so good.

[Hiyos]

Hello everyone!

I applied for EEA4 on July 17th.

Here is my time line:

Application sent: 17 July
HO received: 18 July
COA received: 02 Oct (dated 01 Oct)
PR: waiting

I hope it won't take another 6 months....

[sarwar74]

I hope not but im already waiting for 4 month i think home office work on case who apply on may now.

[hich79]

HI GUYS HERE IS MY TIMELINE FOR MY EEA4 APPLICATION

eea4 sent 31 july
recieved by HO 01/08

STILL NOTHING .....

[UKnow]

Hello All..
I just received my COA today ( almost 3 months after my submission), here is my timelines:

EEA4 application for EU spouse visa :
1- Application sent to UKBA on the 4th of July 2012
2- Application received by UKBA 5th of July 2012
3- COA received today 28th of Sep 2012 and dates the 24th of September with permission to work in UK
4- PR .. still waiting..

It seems that all applications are taking longer to process so there is no need to worry..

Hello all, just wanted to let you know that I finally received my PR document today 12/10/2012 dated on 29/09/2012
It has no expiry date as well.

Total time took from submission to approval is 14 weeks exactly (3 months and one week)
Thank you all for your support and help and I wish all of you who are applying the best of luck. If you have any question, please feel free to send me your queries.

[Aladin0987]

wowww thanks god u gyz are geeting things as normal, so I could be the onley one whose been bullied by the bully regime of the UK for a decade.
god give me ME that is all I want couse u made me great

[UKnow]

wowww thanks god u gyz are geeting things as normal, so I could be the onley one whose been bullied by the bully regime of the UK for a decade.
god give me ME that is all I want couse u made me great

Thank you Aladin0987, Hope your issue will be resolved soon...it is a bizarre way of how they work for sure and the sequence they look at applications..

[jotter]

wowww thanks god u gyz are geeting things as normal, so I could be the onley one whose been bullied by the bully regime of the UK for a decade.
god give me ME that is all I want couse u made me great

Thank you Aladin0987, Hope your issue will be resolved soon...it is a bizarre way of how they work for sure and the sequence they look at applications..

This could be a good measure of consistency. My dates for submission, receipt by the UKBA and receipt of COA were identical to UKnow. Let's see if my PR comes now...

[spike_UK]

Hi guys, I have sent the documents(only before marriage) to HO as they requested, HO received them yesterday.
Any idea how long would they take this time to make a new(correct) decision? thanks

[Jambo]

Hi guys, I have sent the documents(only before marriage) to HO as they requested, HO received them yesterday.
Any idea how long would they take this time to make a new(correct) decision? thanks

I still argue they made the correct decision (by rejecting your application). You have no legal basis to your claim. You are lucky that the HO rep in court was confused (as it appears from your description of the events) that they are willing to reconsider.

[spike_UK]

Hi guys, I have sent the documents(only before marriage) to HO as they requested, HO received them yesterday.
Any idea how long would they take this time to make a new(correct) decision? thanks

I still argue they made the correct decision (by rejecting your application). You have no legal basis to your claim. You are lucky that the HO rep in court was confused (as it appears from your description of the events) that they are willing to reconsider.

Why you so negative??!!!! there are more cases like mine and they have won the appeal. I'm not relying on that anyway as HO have 2 faces, but can wait and see what happens. NO FEE.

[Aladin0987]

jambo u and homo office are both wrong according to the European Economic Area Treaty, but u are both similar in the way u express your barbaric comment
by the way as I called them yesterday they said they believe I might receive COA in november.
applied EEA4 in february

[giruzz]

EEA4 sent 01/10/2012

EEA4 received by UKBA on 02/10/2012

COA received 12/10/2012 (dated 09/10/2012)

[Jambo]

Why you so negative??!!!! there are more cases like mine and they have won the appeal. I'm not relying on that anyway as HO have 2 faces, but can wait and see what happens. NO FEE.

Not negative but realistic.

I have maintained the same view from your first post here in February. If the HO would go by the book, your application would get rejected. You also knew that from the start but as the application is free, it doesn't really cost you much to try (apart from time without your passport).

[Jambo]

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?

[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.