EEA EFM delays - please help

[Andy16]

Overstay since May 2015!!! The advantage of applying under EU law is that you will not be deported.

But all applications under UK law will be very negatively impacted by this period of overstay. You will have no chance of applying for British citizenship (which is purely UK law) till at least 10 years after the grant of your T2 visa (if you go for that) or RC (when you will resume legal stay).

Get your firm to get a T2 visa for you. At least that way you can start working again.

Oh wow!! thats new. My solicitor always told me that all my application was on time and if it wasn't on time home office would not acknowledge it. He has been dealing with caseworker and I just get reports and mails. Now i just followed the law as recommended what should i do in this case. I don't plan to apply for UK permanent residency. All i want is that there would be no black spots on my immigration history due to negligence.

[Andy16]

I am sorry i confused RC with FP . My mistake
My origianal student visa expired on 30th april 2015
I applied for EEA-EFM around 20th April.
Got first reply around end of may saying my account could not be debited and asked me to reapply
In next 5 days sent new application with all the documents. It showed that it has been delivered but home office caseworker said that it has not been received.
They kept giving the same reply and then a new caseworker contacted my solicitor saying that my case was passed to him therefore the delay and asked to send the documents again in February this year.
Sent a copy of documents again with tracked delivery in February
Received COA with no rights to work in may
Waiting fro bio metric since!
Made multiple calls and send various mails but the only reply i got was to wait

So second application (which was tracked as received by HO) was despatched at end of May, perhaps first week of June 2015.
That is after visa expiry (April).

This assumes you may consider 2nd application to be the legitimate application even though HO lost it and you(/solicitor) then sent a fresh/replacement bundle at a later date (in 2016).

yeah that's correct. I also send a copy of my bank statement that I have enough money for the direct debit for first transaction and enough maintenance funds. Home office simply recommended my solicitor to send paperwork again. And thats what he did and since then he has been in touch with the case worker and keeps telling me that eveything is OK

[Obie]

I don't agree with the suggestion that you should apply for Tier 2, as that is unlikely to work for variety of reasons.

You should make complaints about the treatment of your EEA FM application and seek priority treatment.

Make complaint and also report to Linda Bateman .

I disagree with the suggestion made by previous poster that your application has been considered.

Extended indeed have rights, just not an automatic right of entry and residence.

The memberstate are required to enact national legislation , with criteria consistent with EU legislation, for their application.

They are entitled to facilitatat ion of Their entry and residence in accordance with that legislation, which must be consistent with EU law.

They are entitled to a proper reasoned justification of entry and residence to them and also entitled to an extensive examination of their personal circumstances.

Furthermore there treatment should not be inferior to that of the unmarried partner of a British or settled person.

[Andy16]

I don't agree with the suggestion that you should apply for Tier 2, as that is unlikely to work for variety of reasons.

You should make complaints about the treatment of your EEA FM application and seek priority treatment.

Make complaint and also report to Linda Bateman .

I disagree with the suggestion made by previous poster that your application has been considered.

Extended indeed have rights, just not an automatic right of entry and residence.

The memberstate are required to enact national legislation , with criteria consistent with EU legislation, for their application.

They are entitled to facilitatat ion of Their entry and residence in accordance with that legislation, which must be consistent with EU law.

They are entitled to a proper reasoned justification of entry and residence to them and also entitled to an extensive examination of their personal circumstances.

Furthermore there treatment should not be inferior to that of the unmarried partner of a British or settled person.

Thanks for your kind reply obie. Can you please suggest me what to do now or my next course of action. I have got a job which I dot know how to take, my immigration status is in limbo, my solicitor hardly answers me. Should i just withdraw my application and just leave. Its been tremendous stess on me for no reason. I did a mistake of not taking tier 2 last year and i have waited long enough.
I am really happy that i posted this thread here. You guys are amazing people who go far and beyind to help others.
Please give me a recommendation on how to go from here as priority service seems out of bounds as home office hardly replies to any mails or phone calls and I am sure going against them is not desirable for me at this point of time