Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
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dmax
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by dmax » Fri May 17, 2013 10:42 am
my wife , thai national, is in belfast uk. we have 1 daughter born here in belfast uk. she is here under EEA PERMIT. her resident stamp expired on 31-marc h 2013. her PR application was submitted to ukba on 11 nov 2012 and has been pending now for approx 7 months without a decision. recently her sons won a high court battle to allow them into UK after being refused entry in 2012. they have been granted ( temporary permanent residence) to reside in belfast /uk. obviously my wife needs to go to thailand asap to collect the children but she cannot do so without a visa. we fear that if she flies to thailand then upon return to uk she will be refused to fly out of thailand by thai immigration / thai airlines or when she arrives in uk she will be refused entry by ukba / iimmigration. she will be flying with our 4 year old daughter who has a uk passport and also meyself with both uk and irish passports. what can we do. the children need to enter uk now as they have placements in schools for this coming september. we are eager to get this visa through now asap and have written to our MP at westminister.
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Jambo
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by Jambo » Fri May 17, 2013 11:36 am
Getting your MP involved is probably the best option. The HO are required by law to process the application within 6 months. This is not a target but a legal requirement.
Otherwise, she will need to obtain another EEA FP from the British consulate in Bangkok which is something I'm guessing you wish to avoid.
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dmax
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by dmax » Fri May 17, 2013 1:02 pm
our MP who is elected to westminister informed us that we could be waiting even for a reply from ukba a month or more !!! that is the word that came back.
children cannot fly themselves, we still have not even got the papers from the appeal through from uk embassy in bangkok to say our sons have won the appeal and are allowed to leave thailand to reside in uk .
hair pulling grrrrrrrrrrrr !!!
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Directive/2004/38/EC
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by Directive/2004/38/EC » Sun May 19, 2013 12:23 am
I would suggest you:
(1) write to UKBA (same address as application and by special delivery) pointing out that the card has not yet been issued after 7 months, and request it be handled on a priority basis
Out of interest, I think it is worth request your files from UKBA. I would start off with the files of each of the children. When the PR application is done, then request that also (this way you do not slow down processing of that application). Some of the notes in the files might indicate the reason for the delay.
http://www.ukba.homeoffice.gov.uk/navig ... onal-data/
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vinny
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by vinny » Sun May 19, 2013 12:48 am
Make a
claim for
damages?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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Directive/2004/38/EC
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by Directive/2004/38/EC » Sun May 19, 2013 12:51 am
Why do you think that there is a "massive backlog" at UKBA?
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vinny
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by vinny » Sun May 19, 2013 12:58 am
Probably because the Immigration rules have become
overcomplicated and not many people can understand them.
Border agency condemned over backlog
Migrant Backlog Will Take 24 Years To Clear
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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Directive/2004/38/EC
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by Directive/2004/38/EC » Sun May 19, 2013 1:09 am
I understand the general story. But I am hoping that the OP has specific information about their own case...
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dmax
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by dmax » Sun May 19, 2013 9:38 am
because my MP,s colleague in london got a direct line to ukba and the exact wording was that ukba is in meltdown !! massive backlog for applicants.
i will write to them a letter also, does anyone know an address i can write to, i have googled but cannot find a postal address for overdue visa applications.
thanks
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EUsmileWEallsmile
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by EUsmileWEallsmile » Sun May 19, 2013 9:56 am
@DMAX, People might be interested in getting more information on how you overcame this "recently her sons won a high court battle to allow them into UK after being refused entry in 2012..."
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dmax
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by dmax » Sun May 19, 2013 3:05 pm
what more is there to tell, im sorry but i do not understand what you are asking me ? her kids won a court battle against ukba on april 2013 after being refused eea permits in nov 2012. we appealed and went to tribunal. now they have won and are allowed into uk, therefore its illegal to put their mother out or not grant her residence . MP has obviously got onto ukba but came back and told me that we could wait about 1 month to get word back from ukba as they are in meltdown/overloaded with apps etc.
PR visa is pending more than 6 months now... hope this helps
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dmax
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by dmax » Sun May 19, 2013 3:08 pm
we overcame the refusal because of human rights and my citizenship status in uk and ireland. i am an eea / eu member residing in uk - belfast.
the idiot in ukba first refused our 2 twin sons entry into uk because he/she said i was not a uk resident ? WTF i have lived all my life in uk and eu and have irish and uk passports.
lawyer told me that ukba made a big mistake in refusing our 2 sons entry and that it was unlawfull to do so...so we took it to appeal and judge granted it on two points ,,,on human rights and on my residence in uk.
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EUsmileWEallsmile
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by EUsmileWEallsmile » Sun May 19, 2013 10:52 pm
dmax wrote:we overcame the refusal because of human rights and my citizenship status in uk and ireland. i am an eea / eu member residing in uk - belfast.
the idiot in ukba first refused our 2 twin sons entry into uk because he/she said i was not a uk resident ? WTF i have lived all my life in uk and eu and have irish and uk passports.
lawyer told me that ukba made a big mistake in refusing our 2 sons entry and that it was unlawfull to do so...so we took it to appeal and judge granted it on two points ,,,on human rights and on my residence in uk.
Good for you. Please use all avenues open to you such as lawyer contacts, etc to get documents for your wife and twins.