EEA residence card issuing time frame.

[Choi Saab]

Okay I thought I'd share this here so someone might benefit from it
I contacted my MP and he advised me to write a complaint email to UKBA before he could formally complain to the parliamentary ombudsmen. The following is what I wrote to UKBA *my personal details omitted here*

To: <UKBACustomerComplaints@homeoffice.gsi.gov.uk>
Cc:

Dear sir/madam,

I want to complain about how the UKBA dealt with my case. The only reason why I'm writing to you is because my MP has advised me that the parliamentary ombudsmen might not investigate the complaint if I didn't make a complaint with UKBA first.

Following is my application history

EEA2(cohabitation) sent : 28-06-2012 
Marriage certificate sent : 20-07-2012 
COA w/right to work received : 3-10-2012 
Refused w/NO right of appeal : 14-11-2012 
Sent a complaint email : 17-11-2012
Received a reply from you : NEVER

Fresh EEA2 sent : 5-12-2012 
COA w/right to work received : 2-01-2013 
Chasing letter sent to UKBA : 31-05-2013
Had a reply from UKBA : Never
2nd Chasing letter sent to UKBA : 15-08-2013
Residence Card : Pending

It's been over 14 months since my first application, 13 months since we got married, just about 9 months since I sent my last application, 6 months since our first child was born, 3 months since I sent the first chasing letter, and 2 weeks since I sent the last chasing letter.

I've got my MP involved and he too has contacted UKBA on my behalf last week.

I've called the Euro enquiry office(after 6 months completion) a few times and never had a satisfactory answer. One more thing that the officers or Reps who answer the phone have minimal knowledge of the Directive 2004/38/EC.

Several times when I asked for why is UKBA in breach of the strict 6 months rule, they've shocked me by telling me that it's "NOT A LAW" and merely a guideline.

I would like to know how is it that a government body like UKBA, be unaware of EU law(or pretend to be unaware of it)? E.g. Directive 2004/38/EC Article 10 Issue of residence cards 1. "The right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called "Residence card of a family member of a Union citizen" no later than six months from the date on which they submit the application. A certificate of application for the residence card shall be issued immediately" how is it merely a guideline?

How can UKBA be going against the UK legislation on EU cases? E.g. "On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card and the residence card shall be issued no later than six months after the date on which the application and documents are received."  <<<link http://www.legislation.gov.uk/uksi/2006 ... on/17/made


How is it that they refused my first application(over 5 months wait) WITHOUT a right of appeal and I had to send a fresh EEA2 application(another 9 months and counting)? http://www.legislation.gov.uk/uksi/2006 ... on/26/made

Now after studying my case and keeping the UK and European law in mind, you will agree that the UKBA has violated the Directive 2004/38/EC and The Immigration (European Economic Area) Regulations 2006 which is no different than an ordinary member of public breaking the law.

This behaviour of the relevant department in UKBA is not acceptable.

This time I hope to receive a prompt and satisfactory reply.

[eldane]

Right, an update seems to be in place.

29/08/13 Okay so I applied for a SAR a bit more than a week ago so no update there.

02/09/13 Phoned the EU inquiery line to hear of any update, Was told case on hold for unknown reasons??!! Was told they were aware of my MPs letters, was told the thay they had received my wifes passport (we did not send it with the application as we were travelling 2 weeks after we sent in the application - but enclosed all other documentation except my passport [Denmark has no national ID valid in the EU except the passport] but I did send my permanent residence card issued by the home office).
Was then told they endeavour processing all applications before 6 months. Explained "endeavour" is not the right word as it should be we MUST process all RC before 6 months and even if you can't you must write to the applicant to refise the application so he/she can appeal and take you to the immigration tribunal for violating his/her rights.
Was then told she would put me on hold and dig deeper.
She came back and told she would be emailing the case worker. I thanked.

05/09/13 Phoned again to see if there was any update from the case worker regarding the chaser email sent from the EU enquering line on the 02/09/13. No update. Was told the email had been sent by her colleague and she would put me on hold while she phoned the case workers department. When she came back on the phone I was told the same story that they endeavour issuing all applications but that some may take a little longer.
That was when my patience burst and I told her that I have had enough and would be sending my official complaint now.
Emailed 'David Wood :' <David.Wood@Homeoffice.gsi.gov.uk> (email no good); 'Paul Pugh:' <Paul.Pugh@Homeoffice.gsi.gov.uk> (email no good); 'EREC@homeoffice.gsi.gov.uk' (email read confirmation received); 'UKBACustomerComplaints@homeoffice.gsi.gov.uk' (email read confirmation received); 'Marje.Clarke@homeoffice.gsi.gov.uk'; 'Michael.Goode@homeoffice.gsi.gov.uk'; 'Sonia.Dower2@homeoffice.gsi.gov.uk' (email read confirmation received)
CC to anas.sarwar.mp@parliament.uk (Royal mail letter received today to confirm my email of complaint and a my MP regretting I had to make a formal complaint and that he would be taking this up with the Home Office)

My complaint had the following wording:

UK Border Agency
North West Customer Service Unit
North West Region CSU,
PO Box 99,
Manchester M90 3WW


Glasgow Thursday, 05 September 2013



Dear sir/madam,

I want to raise a complaint about how the UKBA dealing with my wife’s application for an EEA residence card. My wife is a family member of an EEA citizen with permanent residence in the UK.
[Her follows my wifes personal details]

Application history
EEA2 application date 12/03/2013
Long COA (without right to work received): 05/04/2013
EEA2 applicants passport sent to UKBA 12/04/2013
Short COA chaser letter sent to UKBA 12/04/2013
Contacting MP for assistance 11/06/2013
MP providing reply from UKBA (useless reply) 25/06/2013
MP contacting UKBA (in response to letter of 25/06/2013) 02/07/2013
No reply to my MP on inquiry of the 02/07/2013 ??/??/????
Several chaser phone calls made in that period; last call on 03/09/2013
Residence Card pending (6 months elapsed) 12/09/2013

It's been precisely 6 months since you received my wife’s application for an EEA Family member Residence Card pursuant to EU directive 2004/38/EC and The Immigration (European Economic Area) Regulations 2006 with amendments.

5.1.8
Six-month rule
Your own work instructions on (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary):
Community law requires us to decide applications for a Residence Card within 6 months from the date of receipt of the application. Every effort should be made to do so, particularly where an applicant draws our attention to an alleged breach of this requirement. Failure to comply with this requirement could leave the Home Office open to a claim for damages.

I will in a separate letter to you officially raise a compensation claim for violating my wife’s EU constitutional rights with reference to the six months rule and the erroneously issued “long” COA w/no confirmation of right to work which both has caused us inconvenience when signing up for language courses, when applying for work and finally it caused difficulties in travelling abroad for summer holidays.

I have phoned European enquiry office monthly inquiring to my wife’s application and never had a satisfactory answer until today where someone took the initiative to email the case worker and furthermore could advice that the case was on hold for reasons unknown.
It would by the way be fair to expect that the staff who answers the European enquiry phone lines have a minimal knowledge of Directive 2004/38/EC.
I am mentioning this as the staff that services the lines in most cases show an utter attitude of total disrespect of the applicant’s circumstances and when challenged on the legality of UKBA’s actions they show no interest in moving a case forward (or perhaps they are fed up hearing the same arguments from the applicants over and over again).
I can only assume the very uninterested attitude they show is because of poor knowledge of the law because I can’t imagine the work climate in UKBA is so poisoned that the staff can’t see the benefit of getting cases out of the system to avoid more cases clog up the system.

As per FOI https://www.whatdotheyknow.com/request/ ... _processes
……I further note in your response to my previous FOI request that you are putting in place measures to conform to the service levels that you are obligated to. In your response, Ms. Deans cites particularly the following:
I can confirm that the Agency is taking measures to ensure that all cases will be within service level agreements by November 2009…..

These include:
• Recruitment of additional case working resource via internal transfer of resource; recruitment of temporary staff and external recruitment for fixed term appointment, casual and agency staff.
Indeed during the period from April to July 2009 the dedicated resource for European Casework rose by over 500%.
• From 1st June 2009 introducing an initial assessment on receipt of applications submitted under European Legislation to ensure the validity of the same.

Allow me to address the staff increment. If you are now that well-staffed why is it that the majority of EEA 2 applications take the maximum time frame allowed in the law (and often the processing time is more than the permitted 6 months)?

With regards to the 2nd point relating to initial assessment on receipt of applications I would like to ask why my wife’s application was not progressed once you received her passport that was sent to you on the 12/04/2013?
If the reason why you put her application on hold was because you did not receive my passport or national identity card then, as an EEA sponsor with permanent residence in the UK for 10 years, why did UKBA not bother to advise me of this in due time?
Furthermore why am I to provide my passport when UKBA has had it in their possession not once but several times?
Finally; if you insist that a non EEA national spouse should include the original passport or national identity document may I please refer you to judgement Barnett and others (EEA Regulations: rights and documentation) [2012] UKUT 00142 (IAC)http://www.bailii.org/uk/cases/UKUT/IAC ... maica.html

The UKBA case work guide give the gist of this judgment as follows:
…that where an application has been submitted for documentation under the Regulations and the EEA national’s passport or ID card has not been presented, caseworkers cannot insist on that passport/ID card being submitted unless there are good reasons for doing so. Such reasons may include:
• There has been no previous documentation issued (and so we have not previously seen evidence of EEA nationality)
• We have information which suggests the EEA national has acquired another nationality which may have implications for their EEA status
• We have information which suggests the EEA national is no longer in the UK
• We have suspicions that there has been some fraud involved in the application

Could you please advise if any of the above four mentioned reasons are present in the application we are discussing here and if so which one so I can address this?

I am also shocked to learn that the European inquiry line staff can only provide the applicant of a progress report when 6 months has passed. Why would an EEA applicant want to know his/her progress after six months when UKBA is actually obligated to issue the documentation within six months? Wouldn’t it make more sense providing the update within the 6 months window? May I suggest you implement a web based system where the applicant can follow the progress of his application and the case worker post updates, and requests for additional information and/or documents as well as the applicant follow up on his/her application?

I would also like to know why UKBA legally can violate UK legislation on EU cases.
E.g. "On receipt of an application for EEA1/2 section 17 under paragraph (1) or (2) and when the documents that are required to accompany the application; the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card and the residence card shall be issued no later than six months after the date on which the application and documents are received.
http://www.legislation.gov.uk/uksi/2006 ... on/17/made

I would like to know what plans you intend to implement to get rid of this totally unacceptable precedence of using the max time frame to process –not an application – but almost all applications.
I am sure the EU commission when they wrote the legislation did not have the six months’ time frame in mind with the intention that the EU countries various administrations could/should max out the time frame on each and every application.
Also I have a desire that UKBA deals with this despicable view on the applicants’ right to a life under EU regulations while processing these types of applications. It would seem that UKBA is not there to service the citizen but rather obstruct every right the applicant has under EU/UK law.
You really need to boost the work morale within your organisation. That said by someone who works in one of the companies who service your IT systems and see your organisation from the inside.

Many thanks,
Mr L on behalf of
Mrs J



06/09/13 Email received from LNC 23 RODs Inbox <#LNC23RODs@homeoffice.gsi.gov.uk>
Dear Mr L

“I am writing in response to your email; I can now confirm that a decision has been made on your wife’s application and will be despatched on Monday 9th September to the following address

227 X Street
GLASGOW
GX XXX

Yours Sincerely

LNC23

[Choi Saab]

I also received a similar email day before yesterday.

"Thank you for your email.

I have checked our records and can confirm the decision has been made on this application, the decision letter and any supporting documents should be with you shortly.

If you do not receive the decision within the next two weeks please contact us again.

I am unable to disclose the decision.
 
I sincerely apologise for the length of time taken but each case is different and although we aim to process 95% of applications within 6 months there are a small percentage of applications that take longer than this to be resolved."

After the email I've called three times only to learn that the application is still on going and decision has NOT been made . they contradict. Plus one of the staff scared me, she told me that there might be an issue with a 'lack of evidence' about my EU partners employment and that there might not be a 'positive news'.
Shall I brace for a refusal ?
Can 13 monthly wage slips still be not enough to prove employment?

Also, if you received the RC, would you still claim for damages?

[Directive/2004/38/EC]

You can seek compensation and damages if it takes more than 6 months to issue the RC. You should keep evidence that you have warned HO they they have broken the law. You should also consider all the ways you have been damaged by the delay in issuing the RC.

[eldane]

Right, so today at 11AM something two knocks on the main door sounds.

I see postman Pat from Royal Mail through the windows in the door.

"Please, I have a next day signed for for Ms J."

Signed for the shipment (was not sure if Ms J has ordered something from ebay or Amazon) but when I took receipt of the thing I noticed it said HO ref XXXX on the addresee label.

Now, we did not enclose any signed for or special services envelope with the application so obviously my complaint made some bells ring in UKBA and got them on their toes.
But then again it was high time they moved their back side.

I will still persue my complaint and want answers to the points raised in my complaint as we do need to put a stop on this abuse from UKBA relating to maxing out the 6 months time frame.

[Choi Saab]

So you've received the RC?
Congratulations brother

[eldane]

So you've received the RC?
Congratulations brother

Yup mate, they finally understood I meant business and issued the RC right away.

Much obliged for the congrats.

Good luck with yours and please keep us posted.

eldanes

[Choi Saab]

Got an email from my MP after I sent him 2 separate emails asking for update, today I received the following :

Further to the email I sent to the Home Office in August, I have received the following response from the Home Office yesterday:
 
“Mr x submitted an European Economic Area Residency Card on 5 December 2012. This remains pending.
 
I can confirm a decision will be made on Mr x’s case within the next 10 working days.
 
Mr x’s caseworker will contact him directly once a decision has been made.”
 
You should have received your documents by 30 September. If this does not happen, please contact me and I will pursue the matter on your behalf.


Now this is getting on my nerves. Last week got email from UKBA saying a decision has been MADE then two days later that a decision is being FINALIZED and now my MP learned that a decision WILL BE made. Every time I call I Knw I'm only wasting my money and time... This is so friggin painful :'(:'(:'(

[Choi Saab]

All the deadlines have passed and I called today to learn that a decision has NOT BEEN made and that I should continue to wait.

What shall I do now?

[yamcheka]

Hello everyone,

My residence card application was sent 17/05/2013 and received COA 21/05/2013. Now, it has been more than 4 months and no RC yet. I wanted to send a reminder or a follow up email. Can anybody please give me email address to appropriate person dealing RC application.

Your response is greatly appreciated.

[jutt_don]

hi guys i received my RC yesterday in 8 weeks. and now i got 1 question for you me and my polish wife wana go to poland in december on christmas time so do i need to apply for a schengen visa or i can go anywhere in EU on this RC? thanks

[askmeplz82]

hi guys i received my RC yesterday in 8 weeks. and now i got 1 question for you me and my polish wife wana go to poland in december on christmas time so do i need to apply for a schengen visa or i can go anywhere in EU on this RC? thanks

You can travel any EU countries with your Polish wife and you don't need visa but to travel to Poland you need Visa

My wife is polish and i needed VISA to travel too when i went there last time


http://londyn.msz.gov.pl/en/consular_in ... r_spouses/

[chun]

Hi all, I have read all the posts on this board. Thank you very much for the informative info, especially to Eldane and Choi.

Choi, hope you are still around, I was concerned about your result, was it positive?

It is very shameful to the UK government that they openly breach the EU directives. I assume the EU Commission should be able to take relevant measures to stop this from happening. From the law's perspective, the EU regulation is the hard-core piece of rules that every member states are obliged to follow, even it contradict with domestic laws, meaning non obedience would attract punishment from EU law makers, on the other hand, directive is weaker rules, just above EU guidance. My trouble is that, working in the banking industry, all companies, individuals are taking directive and regulations so seriously. Eldane also mentioned, you get punished by speed-driving, drink-driving, cross traffic when it's red. It's a big disappointment/shameful when the government failed to follow, AND THERE IS NO PUNISHMENT to them!!! I'm a chinese who will apply EEA (FM) next week. It just sounds problematic with this application. It's too late now, if I can, would tell Mr Xi Jin Ping (chinese president) during his visit to question the Queen, would she consider her government's behavior is human right issue, where the law-makers openly breach the law!!!

Well, good luck to me and many others who are on this!