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EEA2 Application: Six months + 1 Day

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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albert2012
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EEA2 Application: Six months + 1 Day

Post by albert2012 » Mon Aug 06, 2012 11:43 am

Hi All,

This is the first time I post on this forum, but I've been reading it for a while already and have always find it very helpful, so I hope you guys can give me some advice.

I am an Argentinian national and my wife is Polish (exercising her Treaty Rights, settled in the Uk since 2008).I applied for an EEA2 Residence permit on the 26/01/2012. HO received my application on the 28/01/2012, and I received my CoA a few weeks later dated on the 06/02/2012.

Today is the first day after the "six month" rule expired and as expected (after being for half a year without passport!) I called UKBA to enquire about my application. I was told that the current status of my application is "not completed", and that they were unable to provide any more information, just asked me to "keep waiting until I hear back from them", without specifying any time frame. I was only given a postal adress where I could send a formal enquire to a case worker, who should directly reply to me. I find this absolutely ridiculous since I have been waiting for 6 months already and they are not able to even provide accurate information about this. I have a couple o questions that I hope you guys could kindly help me with:

* Is there any email address where I could write them to? Obviously sending a letter by post is too much hassle and not at all quick?

* What the best way to complain and speed up this process is, considering that they are breaking the 6 months rule and the whole european human rights thing? The main and only thing I want is my RC to be sorted and to have my passport (and my wife's ID) back!

* What sort of document can I provide to my current employer to prove that I am still waiting for my residence card? To their eyes my right to work expired 6 months from the date the certificate was dated, and I'm afraid I can be asked to provide any further proof of my entitlement to work.

* The nature of my work requires me to travel frecuently. They have been very understanding about this 6 months period but I cannot keep on postponing some trips that I am required to make. My old visa (post study work) expired on the 10th of february 2012 (I definitelly applied within time), but now what would happen if I request my documents back, go on a business trip and then re apply upon my return. Will I be allowed to re entry the country (Argentinian passport holders do not require visa to entry as a turist)?

Many thanks in advance for your kind help guys!

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Aug 06, 2012 2:27 pm

Have you been travelling while the RC has been processed?

Is there anything special or interesting about your family situation?

Why do you think you need any visa to enter the UK?

albert2012
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Post by albert2012 » Mon Aug 06, 2012 2:41 pm

I have not been traveling during these past six months since I don't have my passport with me. I cannot think of anyhing special about my family situation: got married last year and had been living together for about a year before our wedding. No children and no previous marriages (on either side). I have never overstayed and have no criminal record whatsoever.

I don't know if I will need a visa, I wouln't think so since I am a non-visa national, but I would not like to take the risk of being stoped and sent back to Argentina if I try to re-entry without a valid RC, specially after having waited the 6 months as they said.

I just want to have my RC and passport back soon, so I can start traveling around europe (personal and business trips are on the pipeline)

:(

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Aug 06, 2012 2:45 pm

You should immediately send them a letter by registered post. Point out that they have exceeded the legal limit of 6 months for issuing the Residence Card. Request the immediate return of your passport with the Residence Card. Say that if they do not return it immediately that you will ask for compensation and will complain to the European Commission.

albert2012
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Post by albert2012 » Mon Aug 06, 2012 2:51 pm

Would you know any email where to send it? I just was given a postal address and I am afraid that it will take even longer that way :(

Many thanks for your help! I will definitely push them to send it ASAP

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Aug 06, 2012 2:54 pm

albert2012 wrote:Would you know any email where to send it? I just was given a postal address and I am afraid that it will take even longer that way :(

Many thanks for your help! I will definitely push them to send it ASAP
Send it by post. And follow up with an email 24 hours later

albert2012
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Post by albert2012 » Mon Aug 06, 2012 3:30 pm

I just sent a letter by post and will write a follow up email tomorrow. What's the best email address to write them to?

Will keep posting the progress of this situation.

Thanks a lot for your help

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Aug 06, 2012 4:07 pm

Registered mail or special delivery?

albert2012
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Post by albert2012 » Mon Aug 06, 2012 4:16 pm

Registered mail... does this make any difference?

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Aug 06, 2012 11:09 pm

albert2012 wrote:Registered mail... does this make any difference?
No difference.

You were just so quick in doing it I figured you stuck an old 2nd class stamp on it and threw it in your nearest postbox. :-)

albert2012
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Post by albert2012 » Wed Aug 15, 2012 12:42 pm

Good news, I finally got my RC yesterday!! I am so happy right now! It was a long and frustrating wait, but finally got it. Thank you so much Directive /2004 for your advice and you all guys. This forum truly helped me to not panic and to be well informed about what to do. Here is a brief timeline of my application:

Sent Application: 26 Jan 2012
Received COA: 8 Feb 2012, dated 6 Feb 2012
Did not hear anything AT ALL from them for six months
Called to enquire about my application: 6 Aug 2012
Sent a letter to the UKBA DEMANDING my application to be processed 6 Aug 2012
Sent a follow up email to Customer Service 7 Aug 2012
Sent a second letter to the UKBA 13 Aug 2012
Received my RC with all my documents 14 Aug 2012

Atila
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Post by Atila » Wed Aug 15, 2012 1:58 pm

Congratulations albert

Just a quick question, you said you sent an email to Customer Service. What email address is that ? Is this the Passport Return email address ?

albert2012
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Post by albert2012 » Wed Aug 15, 2012 2:06 pm

Cheers!

No, as far as I am aware that email adress is to request your passport back only, not to actually complaint about the service / time. I sent it to

NWCSU@homeoffice.gsi.gov.uk

To be honest they did not reply to me email yet, but I got my RC sorted so for all I know it worked!!

Good luck!

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