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EEA EFM application 2 months delayed. How to escalate?

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

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diego-560
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Posts: 25
Joined: Thu Jan 21, 2016 12:53 pm
New Zealand

EEA EFM application 2 months delayed. How to escalate?

Post by diego-560 » Sat Jan 21, 2017 2:43 pm

My partner and I applied for the EEA EFM visa and EEA QP at the same time (same envelope) in May 2016. According to official HO correspondence, applications are processed as soon as possible, and most importantly they state 'in any event, within 6 months'.

Payment was taken for our applications on 27.05.2016, and on 12.12.2016 we received the RC for the Qualified Person (my partner, who is European). That was a little late, but more or less acceptable. Note that at the same time, they returned all our supporting documents for both applications and then sent us a request for feedback on the HO experience via email. However nothing was received for the EFM applicant (myself) i.e. no correspondence, no RC. As of today, we have still not received anything. I have called the HO on 16.01.2017, and 21.01.2017 and they claim they are unable to do anything further than advise me that the application is still 'undecided'. Given many others applications in the EEA EFM timeline thread have applied in June or even July, and have already received their RC before me, I am getting very worried.

Please, how can I escalate this? Tomorrow will be exactly 8 weeks that we have been waiting above and beyond the 6 month deadline.

I am also worried that something went wrong due to the presence of the feedback email that we received. You would expect to receive a request for feedback only when the process is completed. Perhaps they prematurely closed the case somewhere in the process flow.

secret.simon
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Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: EEA EFM application 2 months delayed. How to escalate?

Post by secret.simon » Sat Jan 21, 2017 3:15 pm

It is possible to interpret both the EU Directive (See Article 2.2 for definition of "family member" and Article 10.1 for the six month limit) and the UK's EEA Regulations (see the difference between sub-section 3 & 5) as not imposing a limit of six months for EFM applications.

The six months limit does apply to EEA(QP) and EEA(FM) (direct family members) applications.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: EEA EFM application 2 months delayed. How to escalate?

Post by noajthan » Sat Jan 21, 2017 3:15 pm

EFMs are not treated anything like FMs until an EFM RC is issued.
Until then EFMs merely have to be facilitated into UK and, based on your history, you were in UK anyway.

However, suggest start here:
https://www.freemovement.org.uk/expedit ... plication/
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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