Waiting time EU spouse visa

sarahleah · Post by **sarahleah** » Mon Jul 16, 2007 4:59 pm

Hi!
I am french and my turkish husband applied at the end of May for a 5 years visa as a spouse of a EU citizen. He has had a UK student visa for almost a year (he had an au pair visa before that). We have now been waiting for 8 weeks, and are getting a bit worried because we are going abroad on holidays in September. Do you know what is the average time to get this visa? In how much time did you get it?

Wanderer · Post by **Wanderer** » Mon Jul 16, 2007 5:35 pm

sarahleah wrote:Hi!
I am french and my turkish husband applied at the end of May for a 5 years visa as a spouse of a EU citizen. He has had a UK student visa for almost a year (he had an au pair visa before that). We have now been waiting for 8 weeks, and are getting a bit worried because we are going abroad on holidays in September. Do you know what is the average time to get this visa? In how much time did you get it?

What visa is that? A spouse visa is a two year visa.....

sakura · Post by **sakura** » Mon Jul 16, 2007 5:38 pm

sarahleah wrote:Hi!
I am french and my turkish husband applied at the end of May for a 5 years visa as a spouse of a EU citizen. He has had a UK student visa for almost a year (he had an au pair visa before that). We have now been waiting for 8 weeks, and are getting a bit worried because we are going abroad on holidays in September. Do you know what is the average time to get this visa? In how much time did you get it?

How long have you been living in the UK? If you mean you submitted a visa for an EEA family permit, then it takes up to 6 months.

I don't know the average waiting time, but 8 weeks is pretty short, I think, and it might not be done in time for your holiday.

Wanderer · Post by **Wanderer** » Mon Jul 16, 2007 5:40 pm

Sorry I missed the French bit!

Rozen · Post by **Rozen** » Mon Jul 16, 2007 5:40 pm

sarahleah wrote:Hi!
I am french and my turkish husband applied at the end of May for a 5 years visa as a spouse of a EU citizen. He has had a UK student visa for almost a year (he had an au pair visa before that). We have now been waiting for 8 weeks, and are getting a bit worried because we are going abroad on holidays in September. Do you know what is the average time to get this visa? In how much time did you get it?

If you mean he applied for a Residence Card (EEA2) as spouse of an EU national, which IS valid for up to 5 years, you could be looking up to six months!

sarahleah · Post by **sarahleah** » Mon Jul 16, 2007 5:57 pm

Thank you for your answers. 6 months!

The lawyer who takes care of his application told him it takes usually about 2 months. We knew it could take up to 6 months, but we thought it was for difficult and exceptional cases! Plus we have a friend who was in the same situation and she got her visa in 6 weeks time.
Anyway, our holidays are in jeopardy...

thsths · Post by **thsths** » Mon Jul 16, 2007 11:39 pm

sarahleah wrote:Thank you for your answers. 6 months! The lawyer who takes care of his application told him it takes usually about 2 months. We knew it could take up to 6 months, but we thought it was for difficult and exceptional cases! Plus we have a friend who was in the same situation and she got her visa in 6 weeks time.
Anyway, our holidays are in jeopardy...

Don't despair. This is a rather common situation, and there are a few options.

1) Try to contact the Home Office and ask them to speed up the process. While officially this makes no difference, it could still work. Especially if you apply some leverage via MP, your consulate or the European commission. (This works because the law specifies 6 months as the absolute maximum for difficult cases, so the Home Office knows that their habbit of taking 6 months for most applications is not justified.)

2) Apply for an EEA family permit while you are away. Usually you can do this by post, so you don't have to spend a holiday waiting at the British Consulate.

3) If you are an easy case (married, obviously living together etc), you could also travel without any visa. The European law defines the right of free movement, and as long as you can prove your status, it is not subject to preconditions such as a visa application. Of course you are taking your changes with the specific immigration officer, but the law is again on your side.

And honestly, if your lawyer doesn't know this, he is not worth his money.

sarahleah · Post by **sarahleah** » Fri Jul 27, 2007 12:42 pm

Update on the situation:
We called our lawyer: he told us he telephoned the Home office and he was told the application is still being processed. He also said my husband has good chances to get it before september even if it is not 100% sure. I am just wondering: how can he know that? Maybe he knows someone at the Home Office and told the personn to speed up the process... Looks like we won't know till the last minute if my husband can come with me on holidays

VictoriaS · Post by **VictoriaS** » Fri Jul 27, 2007 5:14 pm

sarahleah wrote:Update on the situation:
We called our lawyer: he told us he telephoned the Home office and he was told the application is still being processed.

Oh you are kidding!

Every immigration consultant (and most applicants) know that the Home Office only EVER say "your application is under consideration" when a phone call is made!

Your application probably hasn't been looked at. Do as above and write those letters!!! Or rather get your solicitor to do so.

Victoria

sakura · Post by **sakura** » Fri Jul 27, 2007 5:38 pm

VictoriaS wrote:
sarahleah wrote:Update on the situation:
We called our lawyer: he told us he telephoned the Home office and he was told the application is still being processed.
Oh you are kidding!

Every immigration consultant (and most applicants) know that the Home Office only EVER say "your application is under consideration" when a phone call is made!

Your application probably hasn't been looked at. Do as above and write those letters!!! Or rather get your solicitor to do so.

Victoria

I wonder, Victoria, if you ever blush at people's immigration lawyer/consultant stories. The funny things they say to their clients...

Post by **Directive/2004/38/EC** » Fri Jul 27, 2007 11:20 pm

Sorry, I am a bit confused about this thread.

If you are not already in the UK, then you are applying for an EEA family permit and 8 weeks seems like a long time. You should contact the embassy to find out the status of the application.

If you are both resident in the UK already, then what you are likely applying for is a Residence Card for the non-EU spouse of an EU citizen. In this case I am not surprised it is taking 8 weeks.

If you are applying for a Residence Card, you can also ask to have the passports returned for early while the application continues to be processed. Then you can go off on vacation, have a great time, and have your passports available while you wait for the Residence Card.

VictoriaS · Post by **VictoriaS** » Mon Jul 30, 2007 2:52 pm

sakura wrote:
I wonder, Victoria, if you ever blush at people's immigration lawyer/consultant stories. The funny things they say to their clients...

I blush more at the things that are said by the Home Office....

Victoria

sarahleah · Post by **sarahleah** » Wed Aug 01, 2007 3:43 pm

Yes we are already in the UK and my husband is applying for a Resident Card.
I thought that if you ask your passport back for travel purposes, your application is cancelled and you have to start all over again?
Another question for our sollicitor who is not doing his job properly...
He seemed pretty sure we were going to get it soon.

yankeegirl · Post by **yankeegirl** » Wed Aug 01, 2007 3:56 pm

An EEA application will not be cancelled for requesting your passport back.

" I have made an application to IND and sent in my passport. Now I want to travel. Can I have my passport back?

If you want your passport back so that you can travel, we will return it, but we will cancel your application. Certificate of Approval, European or Nationality applications are not affected by the return of passports."

I found that on the BIA website
http://www.ind.homeoffice.gov.uk/applyi ... fpassports

sarahleah · Post by **sarahleah** » Wed Aug 22, 2007 11:18 am

Still nothing... I am not really surprised even if our sollicitor said that we should get it in August! So my husband has to cancel his holidays, and I will go alone. I just think it is not fair that you have to wait more than 3 months (and for some people more than 6 months!) to get a visa.
Anyway, we will be happy if we get it before Christmas now..

dsab85 · Post by **dsab85** » Wed Aug 22, 2007 12:52 pm

Why didn't you just request your husbands passport back a few weeks ago? That will not have any effect on your husbands EEA2 application.

sarahleah · Post by **sarahleah** » Wed Aug 22, 2007 4:55 pm

Because he then would have had to ask for a Schengen visa at the French consulate, and they wouldn't have given it to him without a uk visa.

IMMIGRATION LAWYER · Post by **IMMIGRATION LAWYER** » Thu Aug 23, 2007 9:48 pm

Normally takes around 6-7 months.

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