EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

[mana1]

Hi forum members I would like to share my NEWS;yesterday I had a phone call from my solicitor that he has received my passport and RC.i thank Allah for everything after a battle with the HO for 4 years I can now get on with my life.i would like to thank every forum member on here for sharing their stories and keep me going because it's been a tough journey and I wouldn't wish it on my worst enemy.isha Allah

[deniza]

Hi members, I really hope that my experience with HO will be helpful to anyone who needs more info about EEA applications.

I'm a non-EU citizen, I met my current wife (she's European) in London and decided to get married after about on year. After we got married, we hired a solicitor to help us with our EEA application.

We sent everything, ie marriage certificate, proof of address, passports etc in June 2015, after 6 months we got a refusal letter because our marriage was considered a sham marriage. they didn't even invite us for an interview and come to check if we were actually living together. "Apparently" we just didn't know each other enough before getting married. Is there a 'legal' length of time before two people who are in love can get married?

We appealed to FTT, appeal was granted but it took us 8 months just to get a court date, and we had to wait 5 more months to go to court, which bring us to January 2017. We went to court, we were both asked a few questions by the HO solicitor (my wife had to leave the room while they were conducting the interview with myself) and it was obvious to the judge that we were in a genuine relationship as our answers were "consistent".

We got the judge decision letter after just 4 working days from the court date. After a week, HO sent a letter to our solicitors saying that the residence card was going to be sent asap. We received it after a few days, together with all the original documents that we had submitted in the past.

We're so, so, so happy now but it did take such a long time but you just need to stay strong and be patient.

We just want to wish good luck to everyone reading this post!

[maxpayne131]

Hi Mana,

Congratulations bro you deserve it very well, finally your never ending wait came to an end. So happy for you. Get on with your life visit your family and go on normally with your life. I wish my case is sorted soon as well. Having said that can you please share your timeline so that we know what sort of waiting you've been through. Thanks and bless.

Deniza, thanks for sharing your story, I am in a very similar situation like you I've been waiting six months now for a hearing date but haven't received a single letter from court. I hope I get something this month. From where I see things I think the hearing date will not be before 11 months of the appeal, although I really hope that is not the case and I get a hearing date ASAP. I just cannot wait for this whole thing to get over its been over 1 year (15 months to be precise) since I have trapped in this HO sh**t. Hope it gets sorted soon.

PS: Silent reader and new forum member please share and update us with your cases. BLESS.

[crunchycracker90]

Hi members, I really hope that my experience with HO will be helpful to anyone who needs more info about EEA applications.

I'm a non-EU citizen, I met my current wife (she's European) in London and decided to get married after about on year. After we got married, we hired a solicitor to help us with our EEA application.

We sent everything, ie marriage certificate, proof of address, passports etc in June 2015, after 6 months we got a refusal letter because our marriage was considered a sham marriage. they didn't even invite us for an interview and come to check if we were actually living together. "Apparently" we just didn't know each other enough before getting married. Is there a 'legal' length of time before two people who are in love can get married?

We appealed to FTT, appeal was granted but it took us 8 months just to get a court date, and we had to wait 5 more months to go to court, which bring us to January 2017. We went to court, we were both asked a few questions by the HO solicitor (my wife had to leave the room while they were conducting the interview with myself) and it was obvious to the judge that we were in a genuine relationship as our answers were "consistent".

We got the judge decision letter after just 4 working days from the court date. After a week, HO sent a letter to our solicitors saying that the residence card was going to be sent asap. We received it after a few days, together with all the original documents that we had submitted in the past.

We're so, so, so happy now but it did take such a long time but you just need to stay strong and be patient.

We just want to wish good luck to everyone reading this post!

Hi Deniza,


I'm in kind of similar situation to you and I'm probably just scaring myself, but I'd like to find out more information about your situation if possible?

Well just a background on myself - I'm non-EEA and was in the UK on a tier4 visa when I met my EEA partner. I then found a company in the UK which would sponsor me a tier2 visa, and I've been on a Tier2 visa since then.

We married last year (was in a relationship for 1 - 1.5 before we tied the knot) whilst I was on a Tier2 visa (which expires in 2018 so plenty of time) and he exercising his treaty rights as a worker. 4 months later (December 2016), we made an application for my EEA(RM) RC and his EEA QP registration certificate. We've received a COA with rights to work. Home office approved our marriage and did not conduct any interviews/ investigation, and we were only subject to 28 days notice, not the 70 days notice period.

But he's recently been poached for a new job with significantly higher pay/ responsibilities in his dream company, but it requires him to move cities. I then therefore quit my job in order to join him in the new city. But that means my Tier2 visa is now curtailed (expires in 28 days after my last day), but still have rights to work/ stay in the UK on the basis of my COA.

Now I'm worried because I've been scaring myself with stories on HO accusing people of 'marriage of convenience' and hope I'm just scaring myself. But if possible, I'd like to find out more about your situation to see if there could be a reason why home office decided to be naughty with your application, or that my situation was actually quite similar to yours and if that's the case then there will be likelihood of me being put in a similar situation and I'd like to prepare in advance for that.

Can I ask if possible:

1) What are your nationalities (you and your EEA partner nationality)
2) Where did you get married - in the UK or outside the UK
3) If you did get married in the UK, what visa where you on when you married in the UK, and how much time do you have left on your visa when you got married
4) If you got married in the UK, I presume you were also subject to 28 days notice period too since you mentioned HO didn't investigate your marriage?
5) How long have you known your partner before you got married? 1.5 years for our case is a bit short but hey ho, when you've met the right person you'll know it right?

Thanks very much in advance!

[aloo]

Hi Deniza ,
I saw that you been through next week i have a hearing similar your case as they said that my marriage is sham with my wife ,

I would like to ask you if do remember what questions they asked you how is gonna go how long cause we dont have a solicitor .

Thank you

[maxpayne131]

Dear forum members, a little update on my case, I finally received a letter today regarding my FTT hearing date, it has been set for early july. So here it is, it took little over six months to receive a letter confirming my hearing date. Rest will be updated as the case progress. BLESS

PS: Mana, could you share your timeline please? So that we know the average timeline of the EEA2 cases.

New forum member and silent readers, please update the forum with your cases, not many people are replying to these threads, please note it is important that we share our experience through this difficult time so that we get an idea of the timescales for hearing of RC. Therefore please share your stories.

[Wiganer]

Dear forum members, a little update on my case, I finally received a letter today regarding my FTT hearing date, it has been set for early july. So here it is, it took little over six months to receive a letter confirming my hearing date. Rest will be updated as the case progress. BLESS

PS: Mana, could you share your timeline please? So that we know the average timeline of the EEA2 cases.

New forum member and silent readers, please update the forum with your cases, not many people are replying to these threads, please note it is important that we share our experience through this difficult time so that we get an idea of the timescales for hearing of RC. Therefore please share your stories.

When exactly did you lodged your appeal?

mine was lodged on 10 July 2016 and I am still waiting for the hearing date.

[Bollox]

Hello All

I have applied for EEA family permit from India. I am Indian citizen and my wife is German, already living and working in London. I have received refusal with appeal. Please advise me further, second application or appeal or both.

Date of application 27/02/17
Refused with appeal-15/03/17

The grounds of refusal are-

You state that you first met in London in 2013 and that your relationship began in August 2016. You then state that you were together regularly until you married on the 21st of February 2017 in Denmark, since which time you returned to India.

Although you have provided photographs purporting to be of your wedding the only on these images are you and your sponsor. There are no official photographs, no other guests such as family or friends. None of the images are dated, digitally or otherwise. As you have known each other, and as you state, seen each other regularly since 2013, your relationship commenced in August 2016, I would expect to see more images of you and your sponsor in situations with both family and friends. I consider that this would be usual in any genuine and sustained relationship.

In addition to the above you have provided minimal evidence of contact between you and your sponsor consisting of screen captures of call records, however, there is no account name, no content and as i can only see the outgoing UK phone number I cannot identify the parties to the call. These records should be official call record documents or bills showing the account holder, identifying the parities to a call and all should be dated.

You state that you are unemployed with no form of income and yet have shown no evidence of support from your sponsor such as regular money transfers.

I am therefore satisfied that on the totality of information and evidence before me that it is more probable than not that you were and are a party to a marriage of convenience and that you entered into it for the purpose of enabling you to gain entry into the United Kingdom. I am satisfied that you are therefore no the family member of an EEA national in accordance with Reg 7 and that your marriage is one of convenience in accordance with Reg 21B (1) (c) of the Immigration (European Economic Area) Reg 2016.

I have submitted 26 photographs of me and my wife. Most of the pictures were from the marriage ceremony. We chose Denmark to get married because it was easier in terms of documents and speedy too. We did invited friends and family but they could not make to the wedding due to short notice. I have also submitted other pictures apart from marriage. We never thought of taking pictures with friends and family. I accept that I have not dated all of those pictures.

Once I have come to India, we regularly use Whatsapp calling. I have taken screen shots of those records and submitted. I have no clue how to get proper call records, which ECO has mentioned in the refusal.

I have stated unemployed which i am at the moment. I have enough savings in my account for which I have submitted my bank statements. I donot think my wife needs to support me financially at this moment.

Shall I reapply or go for appeal?? or do both???
urgent help needed.

[zubby007]

Hello All

I have applied for EEA family permit from India. I am Indian citizen and my wife is German, already living and working in London. I have received refusal with appeal. Please advise me further, second application or appeal or both.

Date of application 27/02/17
Refused with appeal-15/03/17

The grounds of refusal are-

You state that you first met in London in 2013 and that your relationship began in August 2016. You then state that you were together regularly until you married on the 21st of February 2017 in Denmark, since which time you returned to India.





Although you have provided photographs purporting to be of your wedding the only on these images are you and your sponsor. There are no official photographs, no other guests such as family or friends. None of the images are dated, digitally or otherwise. As you have known each other, and as you state, seen each other regularly since 2013, your relationship commenced in August 2016, I would expect to see more images of you and your sponsor in situations with both family and friends. I consider that this would be usual in any genuine and sustained relationship.

In addition to the above you have provided minimal evidence of contact between you and your sponsor consisting of screen captures of call records, however, there is no account name, no content and as i can only see the outgoing UK phone number I cannot identify the parties to the call. These records should be official call record documents or bills showing the account holder, identifying the parities to a call and all should be dated.

You state that you are unemployed with no form of income and yet have shown no evidence of support from your sponsor such as regular money transfers.

I am therefore satisfied that on the totality of information and evidence before me that it is more probable than not that you were and are a party to a marriage of convenience and that you entered into it for the purpose of enabling you to gain entry into the United Kingdom. I am satisfied that you are therefore no the family member of an EEA national in accordance with Reg 7 and that your marriage is one of convenience in accordance with Reg 21B (1) (c) of the Immigration (European Economic Area) Reg 2016.

I have submitted 26 photographs of me and my wife. Most of the pictures were from the marriage ceremony. We chose Denmark to get married because it was easier in terms of documents and speedy too. We did invited friends and family but they could not make to the wedding due to short notice. I have also submitted other pictures apart from marriage. We never thought of taking pictures with friends and family. I accept that I have not dated all of those pictures.

Once I have come to India, we regularly use Whatsapp calling. I have taken screen shots of those records and submitted. I have no clue how to get proper call records, which ECO has mentioned in the refusal.

I have stated unemployed which i am at the moment. I have enough savings in my account for which I have submitted my bank statements. I donot think my wife needs to support me financially at this moment.

Shall I reapply or go for appeal?? or do both???
urgent help needed.

Don't be in a hurry that much to reapply or appeal,marriage certificate is not enough evidence, I suggest you try arrange more documentations evidence before reapply

[maxpayne131]

Dear forum members, a little update on my case, I finally received a letter today regarding my FTT hearing date, it has been set for early july. So here it is, it took little over six months to receive a letter confirming my hearing date. Rest will be updated as the case progress. BLESS

PS: Mana, could you share your timeline please? So that we know the average timeline of the EEA2 cases.

New forum member and silent readers, please update the forum with your cases, not many people are replying to these threads, please note it is important that we share our experience through this difficult time so that we get an idea of the timescales for hearing of RC. Therefore please share your stories.

When exactly did you lodged your appeal?

mine was lodged on 10 July 2016 and I am still waiting for the hearing date.

Hi Wiganer,

I lodged my appeal on 26/06/2016 but for some reason it did not went through as they never recieved my fax through which we appealed, so my lawyer contacted the tribunal again and sent them all the proofs that we lodging an appeal. So the appel was finally listed for hearing in September 2016. Then no communication from FTT for over six months, after that I recived a letter on 20/03/2017 stating that my appel has been listed for a hearing for early july. Which area do you live in ? if you dont mind me asking, seems like hearing around london area is taking a bit longer compared to rest of the country.

[Wiganer]

I am in the London Area, the closest Tribunal for me is Hatton Cross; but I dont think it matters to them.
I guess you are in the London Area too.

[maxpayne131]

hi wiganer, I live in manchester, but for some reason the tribunal where my appeal is listed is in bradford. And I believe living around London does affect your hearing timeline. I have read through various sources that there are more cases (that are pending an eea appeal) in London compared to the north of the country and recent cuts in tribunal funding (hence reducing the number of sitting judges) has made the situation worse. This is one the the main reason why in-country appeals are taking so long. If you read the previous posts on this forum (cases in 2012, 13, 14) you will see that most people got the hearing dates within 4-6 months and RC in 6-8 months. Anyway, keep us all updated with your case, its helpful for others as well

[sarasara1]

Hello everyone,

Is there anyone here whose application was refused after a marriage interview and then the appeal was allowed?

Our first application was refused due to a few discrepancies after the marriage interview. We appealed two months ago and still waiting for a hearing date.

Could you tell me what kind of questions are likely to come up during cross-examination?

Thank you for your help.

[ahmadazez]

Hello friends
I want to share my case please suggest me what can I do
I applied eea2 case 09 November 2014
Get refusal 15 September 2015
Then lodge a apeal hearing date 10 October 2016
Got court decsion 10 November 2016 .
FTT allowed the apeal on 27 December 2016
Court fee return to my account but till now wating
For my passport

Can any one suggest me in that condition what step
Can I take to get my passport with visa

[Mdf74813]

Hello Guys,
I have been following this forum for last 2 years as silent reader.
Let me share my experience with you all and ask for advice.
I applied for Eea residence card in June 2015.
Me and my wife was called for an interview in Liverpool after 7 months. The interviewer was the most unfriendly person I have ever met. Prior to our interview my application was refused due to some inconsistent answers and I was immediately detained as my previous visa was expired 3 weeks earlier.
I was given a removal direction in detention centre, I made a judicial review against it but was unsuccessful due to Bilal Ahmed Case. So I volunteered myself to back home.
after more than a year I had my appeal hearing last week. Home office presenting officer was not present. it took less than 10 minutes for judge to finish the court. As I was out of the country, I was present via skype. Judge used the word 'Shocked ' several times. He apologised to my wife for the troubles. Judge also advised my barrister to claim against Home office for compensation.
There were 6 inconsistent answers found by Home office and all of them were false and made up. we asked for interview records and matched with them. There was no inconsistent answer. As we pointed out in our statements, judge was shocked and he said nonsense refusal reasons.
He said to wait 2-3 weeks for decision letter.
Now my question to you guys : Pls reply only if you are sure

1. As I am already outside of the UK, do I have to apply for eea family permit to go the UK then again apply for residence card?
2. Or they will give me residence card straight away?
3. Will the residence card be dated to my application time as now I will loose 1.5 years of time?
4. All the reasons were false and lie, How much should I claim from Home office?

[Bollox]

Hello All

I have applied for EEA family permit from India. I am Indian citizen and my wife is German, already living and working in London. I have received refusal with appeal. Please advise me further, second application or appeal or both.

Date of application 27/02/17
Refused with appeal-15/03/17

The grounds of refusal are-

You state that you first met in London in 2013 and that your relationship began in August 2016. You then state that you were together regularly until you married on the 21st of February 2017 in Denmark, since which time you returned to India.





Although you have provided photographs purporting to be of your wedding the only on these images are you and your sponsor. There are no official photographs, no other guests such as family or friends. None of the images are dated, digitally or otherwise. As you have known each other, and as you state, seen each other regularly since 2013, your relationship commenced in August 2016, I would expect to see more images of you and your sponsor in situations with both family and friends. I consider that this would be usual in any genuine and sustained relationship.

In addition to the above you have provided minimal evidence of contact between you and your sponsor consisting of screen captures of call records, however, there is no account name, no content and as i can only see the outgoing UK phone number I cannot identify the parties to the call. These records should be official call record documents or bills showing the account holder, identifying the parities to a call and all should be dated.

You state that you are unemployed with no form of income and yet have shown no evidence of support from your sponsor such as regular money transfers.

I am therefore satisfied that on the totality of information and evidence before me that it is more probable than not that you were and are a party to a marriage of convenience and that you entered into it for the purpose of enabling you to gain entry into the United Kingdom. I am satisfied that you are therefore no the family member of an EEA national in accordance with Reg 7 and that your marriage is one of convenience in accordance with Reg 21B (1) (c) of the Immigration (European Economic Area) Reg 2016.

I have submitted 26 photographs of me and my wife. Most of the pictures were from the marriage ceremony. We chose Denmark to get married because it was easier in terms of documents and speedy too. We did invited friends and family but they could not make to the wedding due to short notice. I have also submitted other pictures apart from marriage. We never thought of taking pictures with friends and family. I accept that I have not dated all of those pictures.

Once I have come to India, we regularly use Whatsapp calling. I have taken screen shots of those records and submitted. I have no clue how to get proper call records, which ECO has mentioned in the refusal.

I have stated unemployed which i am at the moment. I have enough savings in my account for which I have submitted my bank statements. I donot think my wife needs to support me financially at this moment.

Shall I reapply or go for appeal?? or do both???
urgent help needed.

Don't be in a hurry that much to reapply or appeal,marriage certificate is not enough evidence, I suggest you try arrange more documentations evidence before reapply

Thank you so much. What kind of documentations i will be focusing on. I have got the statements from our parents. I have also got more hotel reservations for our stay in the UK and in Denmark. I have also emails shared between us.

thank you again.

[samankamal]

Hi all, I have received a refusal in July 2016 and submitted for appeal within 2 weeks (early August). Looking at your timelines I don't think my hearing date will be before August 2017 and am very worried that Brexit may impact my case (as they plan to trigger Article 50 in March). I wonder if I am better off by simply submitting a new application before this happens? In my initial refusal letter I was given the right of appeal and resubmission. I thought will go for appeal first and resubmit again if not successful, but now I am very worried I won't have the time. Please help / share your views. Thank you!

hi there ,I had my eea 2 application rejected in oct 16
appeal acknowledgement 31st oct 16 ,
still waiting for hearing date ,
my requested was rejected to expedite the appeal,
have you received your hearing date yet,
thank yoy

[faizan7889]

Applied for EEA FAMILY PERMIT AS EXTENDED FAMILY MEMBER IN 31 AUGUST 2015 from Pakistan

GOT REFUSAL FROM ECO ON 18 SEPTEMBER 2015

APPEAL AGAINST THE DECISION IN FTT ON
6 OCTOBER 2015

APPEAL LISTED ON 1 JUNE 2017

APPEAL ALLOWED ON 12 JUNE 2017
FROM FTT JUDGE

HOME OFFICE APPLIED PERMISSION TO APPEAL AGAINST FTT DECISION ON 21 JUNE 2017

Can anyone tell about this situation what will become regarding this matter?

Waiting for kind replies from page members.

Kind Regards for page members

[Amine78]

Hello Everyone.
Been silent follower of this useful forum. By grace of Allah(most merciful and greatest ) , my EEA appeal is allowed today. It has been 2 years of struggle and wait and I can really and truly understand the pain of every member in this forum and wish everyone happy decisions.
I want to find out what will happen next as my passport is with me and how long the whole procedure could take before I can travel .

Salam
In one of your post you said that you contact your MP , juste want to know what did he help you with?? Could the MP get you earlier hearing date?
Thanks

[faizan7889]

Hi bilal / Amine 78
Im hopeful u will be alright
Can you give me ur contact number for discuss about
Our cases regarding EEA

MY CONTACT AND WHATSAPP NUMBER IS
xxxxxxxxx
kindly msg or call me anytime when got free time

Kind regards
Faizan

[Obie]

Personal details cannot be shared on this forum, i have therefore had to remove it Faizan.

[faizan7889]

This page is really helpful regarding immigration matters
But admin Should have to permission to share their contact numbers those who has same immigration matters.
That they can easily share their own problems between each other.

Kind regards for admin and page members

[eemonmali18]

Hi everyone,

just got rejected for the residence card on the basis that marriage was for convenience.
Applied 13 Jan 2017, Got rejected on 15 July 2017.

Looking for a solicitor around Harrow borough of London. If anyone knows about solicitors dealing with eea application refusals please reply ASAP as I have just few days to appeal against it.

Thanks in advance.

[Obie]

Hi everyone,

just got rejected for the residence card on the basis that marriage was for convenience.
Applied 13 Jan 2017, Got rejected on 15 July 2017.

Looking for a solicitor around Harrow borough of London. If anyone knows about solicitors dealing with eea application refusals please reply ASAP as I have just few days to appeal against it.

Thanks in advance.

why were you refused, was there an interview, or did they allow you to provide supporting document to eliminate any doubts they had?

[eemonmali18]

Hey Obie,

The border agency people from home office came on 12 july around 8 in the morning. They were treating me like I am a bandit. Even calling me illegal before even checking their details about me (which I swiftly reminded that I am not). They were interrogating me and my wife for nearly an hour in threatening manner. One of the officers was Taking notes as we went along, they did not allow us to read what they noted down as well.

And after 6 days, we got our documents back (without my passport) with a letter saying our application has been rejected. ANd i have 14 days to leave the country with the letter dated 15 July. In the letter, it said that our marriage was for convenience and we are not genuine marriage. and it also included so many things that we did not even say.In the letter some of the sentences does not even make sense. They also stated that we don't have joint account as well. Basically it was a page long of their reasons explaining why I should not be given residence card. THey even went into our phones to check our messages and gallery as well.

Thats why I want to appeal against it as it is non sense reasons to just wait our time and effort it.

Anyone who knows about good solicitor handling these situations please post their details.

REGARDS