6 months after EEA2 application and NO RESPONSE from HO

[Tere]

Hi,

I am writing to this blog as my husband and I don't know what is the
next step we should take to receive an answer for the application of
the EEA2 family permit. It is now long over due as we are going to
reach the 7 month since submission. I am EAA national my husband is a non-EAA national

We applied through an Inmigration agent who helped us gather all the
information required. According to this office we were not going to
have any problems with the UK Home Office given our proofs of marriage
and relationship, the fact that we re both high qualified
professionals working with fixed employment contracts.

However this has not been the case:
- 23/01/12: submission of application
- 24/02/11: certificate of application received
- during this six months we have been desperately waiting for our
pasports and meanwhile missing family & friends weddings and family
gathering events.
- 23/07/12: call HO ( 0845 010 5200). The answer is that the case
worker hasn't closed our application. They can't provide more
information about the reason.

Given that as per the EU law the HO is making an infringement,
applications should be resolved within 6 months (as stated as well in
the HO website) we contacted the following parties on the 24/07/12:

- HO complaint department:(UKBACustomerComplaints@homeoffice.gsi.gov.uk) they have to reply in 20 days (no answer received so far)

- Solvit: we wrote to this email address "sg-plaintes@ec.europa.eu"
No answer yet-

- MP: we contacted our representative (www.findyourmp.parliament.uk)
they were taking action but at today's date we don't have any addiontal news on the progress.

- AIRE group (http://www.airecentre.org/pages/i-am-se ... -know.html):
they emailed back right the day after suggesting we contact Solvit and MP. When replying to the that we had already done so, he suggested
that we contacted a lawyer (they provided contact details for this). then, he suggested we contacted: Immigration Law Practitioners's Association.
The first contact of lawyers sent us the buget to make the appeal
(which we might consider if we don't have any other alternative). And
the second contact given (Immigration Law Practitioners's Association)
have not replied.

- Europe citizen rights (https://ec.europa.eu/citizensrights/ ): They suggested we contact our representative of parliament to contact the HO and to contact Solvit. We had already done so.



My questions are the following:
- Do you know of any additional organisation/point of contact that we
should address to help us with this matter? We definitely don´t want
to let the time go past.
- Are there more people in the same situation that are willing to get
together to make a stronger appeal about this UKHO infringement?

We are feeling completely frustrated and hand tied in this situation
where our rights are being completely disregarded. Furthermore we
don´t have any type of information on when we are going to receive the
results of the application.

Thanks.
T

[fysicus]

If your case is indeed as straightforward as you mention, all money spent on immigration advisors or lawyers is really wasted. You may have a busy life, but you should have spent a few hours studying the information on the UKBA website regarding EEA applications (http://www.ukba.homeoffice.gov.uk/eucitizens/). You would then probably have discovered the option to request your passport back and wouldn't have missed weddings and other family events.

If you need your passport or ID card back whilst we are processing your application you should follow the instructions below. We will endeavour to return your documents as soon as possible- usually within 5 working days, however there may be exceptional cases where it takes longer so we strongly advise that you do not book travel until your application has been fully considered and your documents returned to you.

Non-urgent requests

If you will be travelling in the near future (i.e in the next month) and need your documents back, please email your request to LiverpoolEuro.PassportReturns@UKBA.gsi.gov.uk. Please provide details of your travel plans and your Home Office reference if possible.
We will normally return your documents to you using Royal Mail 2nd class post. If you have provided a pre-paid Recorded or Special delivery envelope with your application then we will use this to return your documents securely.

Although the six-month rule (and thus also the law) has been broken, you have not suffered any substantial financial damage as a result so far, and there is no reason for panic. It would be an entirely different situation if your husband would be in danger of losing his job, but you don't mention about that so apparently that is not the case. In the current situation all you can do is submit a formal complaint (in writing) and keep the pressure on by regularly enquiring by phone (once a week or so). Legal action or getting your MP involved is fairly useless at this stage.
In the past there were very many and very severe breaches of the six-months rule. Processing times have improved in the last few years although they are still not at the level where they should be.

[Tere]

If your case is indeed as straightforward as you mention, all money spent on immigration advisors or lawyers is really wasted. You may have a busy life, but you should have spent a few hours studying the information on the UKBA website regarding EEA applications (http://www.ukba.homeoffice.gov.uk/eucitizens/). You would then probably have discovered the option to request your passport back and wouldn't have missed weddings and other family events.

If you need your passport or ID card back whilst we are processing your application you should follow the instructions below. We will endeavour to return your documents as soon as possible- usually within 5 working days, however there may be exceptional cases where it takes longer so we strongly advise that you do not book travel until your application has been fully considered and your documents returned to you.

Non-urgent requests

If you will be travelling in the near future (i.e in the next month) and need your documents back, please email your request to LiverpoolEuro.PassportReturns@UKBA.gsi.gov.uk. Please provide details of your travel plans and your Home Office reference if possible.
We will normally return your documents to you using Royal Mail 2nd class post. If you have provided a pre-paid Recorded or Special delivery envelope with your application then we will use this to return your documents securely.

Although the six-month rule (and thus also the law) has been broken, you have not suffered any substantial financial damage as a result so far, and there is no reason for panic. It would be an entirely different situation if your husband would be in danger of losing his job, but you don't mention about that so apparently that is not the case. In the current situation all you can do is submit a formal complaint (in writing) and keep the pressure on by regularly enquiring by phone (once a week or so). Legal action or getting your MP involved is fairly useless at this stage.
In the past there were very many and very severe breaches of the six-months rule. Processing times have improved in the last few years although they are still not at the level where they should be.

Hi, Thank you for your quick answer... although I see there is is nothing new but "seat and wait". Please see bellow my :
"(http://www.ukba.homeoffice.gov.uk/eucitizens/). You would then probably have discovered the option to request your passport back and wouldn't have missed weddings and other family events."
As I understand requesting our passports back would only have meant a delay in the application (I believe the progress is stopped until they receive it back, I did stop to read and inform myself about EEA applications). As well, with the passports we couldn't have gone very far, as for my husband to travel he requires a visa. Hence the EEA2 application.
"In the current situation all you can do is submit a formal complaint (in writing) and keep the pressure on by regularly enquiring by phone (once a week or so)". As stated, I have already sent the formal complaint which should be answered in 20 days, but then we should have had our passports back in 6 months and we are still waiting.
Do you know if the calls the their call centre make any difference? I have been calling them every two days since the 6 months were passed and the respondents don't seem to have any power to see, contact or give you any information about the cases..

I was seriously hoping that the letter from the MP could have some effect on this situation... I understand that the number of 6-month-breaches is decreasing.. but the fact is that it shouldn't be happening at all. And for each of the applicants that is in this situation is a distress, unfair... and illegal.

Before we thought that it will take the 6 months... but know is it going to be another 6 months?!

[fysicus]

As I understand requesting our passports back would only have meant a delay in the application (I believe the progress is stopped until they receive it back, I did stop to read and inform myself about EEA applications). As well, with the passports we couldn't have gone very far, as for my husband to travel he requires a visa. Hence the EEA2 application.

At this point your understanding is wrong. Requesting the passports back does not stop or delay the application, certainly not after you have received the CoA.
Anyway, with your passports back in your hands you would have had more options available. A Schengenvisa would be issued normally free of charge within a few days, or could even be issued at the border (assuming you are able to board a plane without it).
As long as there is no indication that the application will be refused, there is no reason for panic and certainly not for any action that will cost you money.

[EUsmileWEallsmile]

Keep at the UKBA until you get satisfaction and they issue your documents.

[EUsmileWEallsmile]

...insist on priority.

[DFDS.]

Hi,

I am writing to this blog as my husband and I don't know what is the
next step we should take to receive an answer for the application of
the EEA2 family permit. It is now long over due as we are going to
reach the 7 month since submission. I am EAA national my husband is a non-EAA national

We applied through an Inmigration agent who helped us gather all the
information required. According to this office we were not going to
have any problems with the UK Home Office given our proofs of marriage
and relationship, the fact that we re both high qualified
professionals working with fixed employment contracts.

However this has not been the case:
- 23/01/12: submission of application
- 24/02/11: certificate of application received
- during this six months we have been desperately waiting for our
pasports and meanwhile missing family & friends weddings and family
gathering events.
- 23/07/12: call HO ( 0845 010 5200). The answer is that the case
worker hasn't closed our application. They can't provide more
information about the reason.

Given that as per the EU law the HO is making an infringement,
applications should be resolved within 6 months (as stated as well in
the HO website) we contacted the following parties on the 24/07/12:

- HO complaint department:(UKBACustomerComplaints@homeoffice.gsi.gov.uk) they have to reply in 20 days (no answer received so far)

- Solvit: we wrote to this email address "sg-plaintes@ec.europa.eu"
No answer yet-

- MP: we contacted our representative (www.findyourmp.parliament.uk)
they were taking action but at today's date we don't have any addiontal news on the progress.

- AIRE group (http://www.airecentre.org/pages/i-am-se ... -know.html):
they emailed back right the day after suggesting we contact Solvit and MP. When replying to the that we had already done so, he suggested
that we contacted a lawyer (they provided contact details for this). then, he suggested we contacted: Immigration Law Practitioners's Association.
The first contact of lawyers sent us the buget to make the appeal
(which we might consider if we don't have any other alternative). And
the second contact given (Immigration Law Practitioners's Association)
have not replied.

- Europe citizen rights (https://ec.europa.eu/citizensrights/ ): They suggested we contact our representative of parliament to contact the HO and to contact Solvit. We had already done so.



My questions are the following:
- Do you know of any additional organisation/point of contact that we
should address to help us with this matter? We definitely don´t want
to let the time go past.
- Are there more people in the same situation that are willing to get
together to make a stronger appeal about this UKHO infringement?

We are feeling completely frustrated and hand tied in this situation
where our rights are being completely disregarded. Furthermore we
don´t have any type of information on when we are going to receive the
results of the application.

Thanks.

I guess there are more applicants in a similar situation like yours. Iam close to someone who submited his application biginig of march 2011. He has made several contacts to Liverpool contact centres, he hired immigration lawyers as well to contact liverpool and nothing has come up. The only reply he got was through the emails sent by the complaint centre, promissing to forward his compliant to the relevant team, who later on comunicated that the file was up for further investigations.

Since then, its now almost one year they have never dared to comunicate.

However, the only language i think Home office understands, is threatening a legal action. I can not understand how a decission on an EEA2 individual case, which is not a court case can take more than 6 months!
T

[Directive/2004/38/EC]

I would suggest you write a clear short email to EuropeanOperational@homeoffice.gsi.gov.uk and explain that UKBA has exceeded the statutory maximum of 6 months. Explain that this is a formal complaint, and that you would like your passports, RC and a formal explaination.

Explain also that you have not found any other way of resolving this.