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EEA1/EEA2 Delays - April 08 Applications

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darlinfe
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EEA1/EEA2 Delays - April 08 Applications

Post by darlinfe » Tue May 20, 2008 5:09 pm

Not that this is anything new. I mean delays with applications. :roll:

Just wanted to put a post up that my husband and I sent in our joint applicaitons to Liverpool on 15 April 2008, and we still have not received our COA letters. I have called three times, and each time a different response. I just want the damned letters so I can finally get up and running for work since all the employers I've encountered shudder at the thought of me not having my passport or COA to prove my status/identity. The EEA Family Permit wasn't enough either, but most of you know how that goes.

That's just great, I wonder if the UK Immigration here realizes that most foreigners that come here, actually really do need their passports. Say as a form of identification or to actually not feel like a prisoner since one can't do anything really useful without a passport. Being an American, I can understand the problems with immigration, but I find it ridiculous that I have to jump through another hoop, basically filling out the same application (is it me, or do the EEA Family Permit and EEA2 seem to be identicial?)

Anyways, I wanted to note that I was given a few fax numbers to use to follow-up on our applications not being entered into the system yet, since it is now just under 5 weeks since our special delivery package was received by Home Office.

I am just not sure why my 1st, 2nd, and 3rd fax now has not even been responded to. I even put URGENT on the last fax to see if it would make a difference. Apparently not! I wonder if they are just round filing faxes or they go into a blackhole where it may take yet another 5 weeks for anybody to get back to me.

Now that I applied for my EEA2, and without my passport or COA letter, my job recruiters won't allow me to be referred to any interviews, since they say they are not in compliance. Very disappointing and quite annoying to know that my finances are basically decided upon, based on how quickly and efficiently Home Office processes just getting our applications into the system. It's not asking much, I just want my friggin' letter so I can work and make some moola! Give me my letter!!! Or there will be papercuts to pay with! :twisted:

My husband and I were hoping (we should have known better) with our joint applications, that the process would be sped up, but oh no. On average, most people who have applied jointly with their EEA1 and EEA2's to Liverpool get their COA letter in 3 weeks. Since it is now taking longer, because as one phone operater said, the Euro dept physically moved and is behind with applications. Not that I neccessarily believe that, since it came from one of the ever so intelligent phone mongers at HO. Which, I can attest that each one that answers says something different and seems to pull yet another fax number from under their hats. I have three fax numbers now, and one ended up being a phone line, not a fax. Nice one HO, nice!

Sorry for letting off some steam. Please let me know if any of you have applied around the same time (Mid-April) and have actually recevied your COA letters...or as you know something, post it. At least it gives others besides myself a chance to be aware of the situation.

If I get a response from my 3 faxes, sent over the course of the last 2 weeks, I'll let you know. If you want the fax number, just message me and I'll be glad to help you out. Not sure that it will do you any good, but I suppose it's always worth a try!

Cheers!
Fe

yankeegirl
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Post by yankeegirl » Tue May 20, 2008 6:18 pm

Since it is now taking longer, because as one phone operater said, the Euro dept physically moved and is behind with applications.
This I actually think is true. If I rembember correctly, EEA2 applications were handled in Croydon and EEA1 applications in Liverpool, and they've shifted everything to Liverpool.

I'm not sure if this will help, but when I got the letter confirming reciept of my EEA2 application, it listed a phone number to call for employers to verify the right to work. In part, the letter stated as follows...
IND operates an Employer's Helpline telephone service for eployers who have questions and queries about immigration law affecting people's entitlement to work in the United Kingdom. The telephone number is 0845 010 6677. Please note this number does not deal with any other enquiries.
It might be worth a shot to pass the number along to your recruiters and see if they would be willing to call and confirm your right to work so you can at least go on interviews, and then take the letter into them as soon as you get it.
is it me, or do the EEA Family Permit and EEA2 seem to be identicial?
No, its not you, I thought the same thing!

It's quite frustrating knowing you have the right to work, having it put in black and white on various sites, but still not being able to due to not having the passport. Best of luck and I hope you at least get the letter soon!

runie80
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Post by runie80 » Tue May 20, 2008 8:03 pm

applied FMRS in Feburary
Still Frigging waiting for the result.
Home Office Sucks.

I think they messed with home office after peter hain resigned.
the new home office minister brought his own red tape and process has been more lengthened.


<Thank GOD me and my wife have our jobs here.>
Waiting for my FMRS so we can start our lives normally.
In any moment of decision, the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing.

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Frontier Mole
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Post by Frontier Mole » Wed May 21, 2008 9:25 am

Waste of time phoning the employer help line. The helpline can only confirm that you have the right to work based on - you guessed it - the documentation supplied to the employer. UKBA is not going to state - " oh yes she has the right to work but we are a bit behind with applications...."

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu May 22, 2008 5:09 am

Contact Solvit immediately if you have not got your COA letter. The Home Office is required to issue it immediately.

http://eumovement.wordpress.com/help-eu-solvit/

darlinfe
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Post by darlinfe » Thu May 22, 2008 6:40 pm

Thanks for the reply Directive! My husband and I filed an online complaint with SolvIt today! Hopefully he'll be contacted by the Danish SolvIt soon. I will also file a few other complaints with Home Office directly, but doubt it will do any good. However, it shows that we have gone above and beyond to contact them. And they still have yet to do so.

I think if we applicants are held to a certain level of accountability, Home Office should be too! Especially under the EU laws and directives for citizens and their familes.

Thanks again and I'll let you know what SolvIt does!

Cheers!
Fe

thsths
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Post by thsths » Thu May 22, 2008 7:20 pm

Frontier Mole wrote:Waste of time phoning the employer help line. The helpline can only confirm that you have the right to work based on - you guessed it - the documentation supplied to the employer. UKBA is not going to state - " oh yes she has the right to work but we are a bit behind with applications..."
I agree that this is what is happening, but is it legal? "It cannot be because it should not be" is never a conclusive argument. So if the processing of applications takes 7 months instead of 6 months, the hotline *has to state* that applicants can work with the Certificate of Application for 7 months, and only then are they expected to produce a residence card. Otherwise the freedom of movement for workers would be hampered.
darlinfe wrote:I think if we applicants are held to a certain level of accountability, Home Office should be too!
They should, but if I understand the system correctly, the Home Office has traditionally nearly no accountability. Of course the European commission may eventually expect compliance, but even the commission can only propose sanctions against the UK, and not against the Home Office.

Tom

darlinfe
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Post by darlinfe » Fri May 23, 2008 3:53 pm

Tom thanks for your input! :D

I have written to SolvIt, also sent in a formal complaint to Home Office Customer Service/Complaints Unit here in Manchester (where my husband and I live). I really got ticked off today. I'm just one of those people who don't like sitting around expecting it to get done, I feel better knowing I'm actually doing something about it! And, I will get what I want...even if I have to take the role of Veruca Salt. lol.

My last, 3rd fax to Home Office Liverpool was actually answered today. I asked for them to advise me if they were going to send my passport back since I requested it along with the COA letters, now going on 5.5 weeks. They sent my passport back along with a letter, but not the COA letter that I really really need! Oh for the love of god! If they found our package/applications and took the time to concoct a letter and send back my passport, you would think they would have actually entered our details into their system from 3 days ago? But no, I called again today to see, and yes...they are still the same jackalopes that I've been dealing with!

The letter is quite baffling and hoping that ThsThs or perhaps Directive can shed some light on this. I have read plenty of other posts, but perhaps now I am doubting my knowledge.

The letter states:


Dear Mrs. X

Re: (My name, nationality and date of birth)

Your passport is being returned to enable you to travel.

Family members of an EEA national, who are not themselves EEA nationals, wishing to return to the United Kingdom should apply for an EEA Family Permit at a British diplomatic post abroad before returning to this country. An EEA family permit is issued free of charge and on a priority basis.

It should be noted that any such application would need to be supported by the evidence to show that the EEA national is in the United Kingdom, is exercising Treaty rights, and that the relationship is as claimed.

Please do not return your Passport to Home Office until it has been requested by a caseworker.

Yours sincerely,
R ***
Managed Migration Support Team
Managed Migration


I also noted on my last fax that I had the right to get my passport back for travel based on EU Citizen/Family rights. No other questions asked by them. Amazing!

I currently have an EEA Family permit that expires early July. If I were travel outside the UK and came back in before it expired, I would be fine, yes? But, if I finally get my COA letter stating my EEA2 is in progress along with my passport and come in after my Family Permit expires, then I should be ok? I thought if I were to apply for another FP that it would cancel my EEA2 application process? If someone can clarify this, it would be useful. Besides, how would I send in any documentation/proof if almost all of it is with Home Office in Liverpool?? Duh!?

Thanks for all your help as always! I love this website!

Cheers!
Fe

lapkapups
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Post by lapkapups » Mon Jun 09, 2008 10:00 am

To Darlinfe


A friend of mine applied in March and she still hasn't received COA. She applied through a laywer.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Jun 09, 2008 11:58 am

lapkapups wrote:A friend of mine applied in March and she still hasn't received COA. She applied through a laywer.
Why did she use a lawyer? What was special about her situation?

She should contact the Home Office. They are required to immediately issue the COA.

lapkapups
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Post by lapkapups » Mon Jun 09, 2008 12:04 pm

Directive/2004/38/EC wrote:
lapkapups wrote:A friend of mine applied in March and she still hasn't received COA. She applied through a laywer.
Why did she use a lawyer? What was special about her situation?

She should contact the Home Office. They are required to immediately issue the COA.
She used a lawyer because her husband is self-employed and he also was arrested once for petty theft or something so she was not sure which documents to supply. However, as far as I know they should issue COA anyway so there should not be such a big delay.
She doesn't want to contact them herself as she thinks the lawyer knows better.

Tili
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Re: EEA1/EEA2 Delays - April 08 Applications

Post by Tili » Mon Jun 09, 2008 12:24 pm

darlinfe wrote:Not that this is anything new. I mean delays with applications. :roll:

Just wanted to put a post up that my husband and I sent in our joint applicaitons to Liverpool on 15 April 2008, and we still have not received our COA letters. I have called three times, and each time a different response. I just want the damned letters so I can finally get up and running for work since all the employers I've encountered shudder at the thought of me not having my passport or COA to prove my status/identity. The EEA Family Permit wasn't enough either, but most of you know how that goes.

That's just great, I wonder if the UK Immigration here realizes that most foreigners that come here, actually really do need their passports. Say as a form of identification or to actually not feel like a prisoner since one

can't do anything really useful without a passport. Being an American, I can understand the problems with immigration, but I find it ridiculous that I have to jump through another hoop, basically filling out the same application (is it me, or do the EEA Family Permit and EEA2 seem to be identicial?)

Anyways, I wanted to note that I was given a few fax numbers to use to follow-up on our applications not being entered into the system yet, since it is now just under 5 weeks since our special delivery package was received by Home Office.

I am just not sure why my 1st, 2nd, and 3rd fax now has not even been responded to. I even put URGENT on the last fax to see if it would make a difference. Apparently not! I wonder if they are just round filing faxes or they go into a blackhole where it may take yet another 5 weeks for anybody to get back to me.

Now that I applied for my EEA2, and without my passport or COA letter, my job recruiters won't allow me to be referred to any interviews, since they say they are not in compliance. Very disappointing and quite annoying to know that my finances are basically decided upon, based on how quickly and efficiently Home Office processes just getting our applications into the system. It's not asking much, I just want my friggin' letter so I can work and make some moola! Give me my letter!!! Or there will be papercuts to pay with! :twisted:

My husband and I were hoping (we should have known better) with our joint applications, that the process would be sped up, but oh no. On average, most people who have applied jointly with their EEA1 and EEA2's to Liverpool get their COA letter in 3 weeks. Since it is now taking longer, because as one phone operater said, the Euro dept physically moved and is behind with applications. Not that I neccessarily believe that, since it came from one of the ever so intelligent phone mongers at HO. Which, I can attest that each one that answers says something different and seems to pull yet another fax number from under their hats. I have three fax numbers now, and one ended up being a phone line, not a fax. Nice one HO, nice!

Sorry for letting off some steam. Please let me know if any of you have applied around the same time (Mid-April) and have actually recevied your COA letters...or as you know something, post it. At least it gives others besides myself a chance to be aware of the situation.

If I get a response from my 3 faxes, sent over the course of the last 2 weeks, I'll let you know. If you want the fax number, just message me and I'll be glad to help you out. Not sure that it will do you any good, but I suppose it's always worth a try!

Cheers!
Fe
I send on 20. April to Croydon my EE2 form and they send me COA three week's after.

ol
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Re: EEA1/EEA2 Delays - April 08 Applications

Post by ol » Tue Jun 10, 2008 10:06 pm

Fe,
darlinfe wrote: My last, 3rd fax to Home Office Liverpool was actually answered today. I asked for them to advise me if they were going to send my passport back since I requested it along with the COA letters, now going on 5.5 weeks.
I am glad to hear that you succeeded to get our passport back. Congratulations!

I haven't been so lucky. After sending my EEA2 application on 1st May I haven't got the CoA, and neither have they returned my passport although I requested it several times by fax and telephone. A signed-for complaint letter hasn't been answered yet. Now I am stuck but need the passport urgently for travel.

Could you please share your complaint letter? Which number did you sent it to? Any other tips what I could do apart from complaining to SOLVIT or my MP? It would be a great help.

Thanks!

O.L.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed Jun 11, 2008 10:50 am

Have you contacted Solvit? If it is urgent, you should contact them today.

thsths
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Re: EEA1/EEA2 Delays - April 08 Applications

Post by thsths » Thu Jun 12, 2008 7:37 pm

ol wrote:I haven't been so lucky. After sending my EEA2 application on 1st May I haven't got the CoA, and neither have they returned my passport although I requested it several times by fax and telephone. A signed-for complaint letter hasn't been answered yet. Now I am stuck but need the passport urgently for travel.
Would you have enough time to apply for a new one? There seems to be a lot of chaos at the UKBA at the moment, so they may or may not return your passport.

Tom

darlinfe
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Post by darlinfe » Tue Jul 08, 2008 8:37 pm

Just wanted to update everyone on my EEA2. My husband and I moved recently, and we just got our internet back up from BT. It took them a month to get it figured out! Otherwise I would have responded sooner to some of the newer messages.

Anyways, after trying to call the Home Office Customer Service (NW) Office and it going to a pre-recorded message. I could never get a live person to talk to! So, I emailed and emailed. It took just two tries and 5 days to get a reply. But, after much complaining and making my point my Certificate of Application letter arrived. Took just under 2 months to get! I sent in my application in mid-April to Liverpool jointly with my husband's EEA1 application and received the letters mid-June! What a fight it was to get!

I also was able to get my passport back BEFORE I got my letter. I did this by having my husband fax multiple letters to 3 different numbers. The last one did the trick. I put URGENT - RESPONSE REQUIRED, and in less than 5 days I got my passport back. Only because I sent an extra Special Delivery/Next Day prepaid envelope with our applications. I included these letters as attachments to the NW Customer Service Complaints email along with my request, and put a monetary figure on the fact of Home Office dragging their a**.

If someone needs direct advice on a letter template for requesting one's passport and/or a complaint letter to the Customer Service Group along with a link to emails, let me know. You can always edit it to your needs and particular situation.

I thank ''Directive'' for his advice about contacting SolvIt. However, in my case, SolvIt said they could not help me. My husband is Danish, but was living in the US for the past 5 years before we moved here to the UK. So, they said although he is an EU Resident/Danish Citizen, our situation was not relevant in order for them to help us. Good thing I took the initiative to resolve it myself. Hopefully others have better luck with SolvIt. I was a little peeved that they didn't help us, it didn't really make any sense. But this whole process doesn't...so..yeah!!

I will also say, that I had to email several times after Home Office said they sent out the letter. But at least the Customer Service Department followed up when asked, and had it reproduced/resent. I eventually got two sets of letters, but it took them time to get to me. So slooow.

***Now I am in another dilemna and hope someone can help!***

My husband and I wanted to travel back to the US and around Europe for vacation. My EEA Family Permit has expired, and was told that in order to return to the UK I would have to apply for a new one. But wrote to the UK Immigration/Home Office in Los Angeles where I had applied to before. And they told me that if I get another EEA Family Permit while my EEA2 Residence card is in process here in the UK, the EEA2 will be cancelled! AAARGHHH!!

I am hoping someone has experience of using their Certificate of Application letter and proof/evidence to be allowed back across the UK Border! I mean, I feel like a prisoner here in the UK while they take their time deciding my case. I understand the procedures, but the Home Office here didn't care to inform me that if I get another EEA Family Permit, what the consequences would be. Not to mention, I do have the right to travel. So, please...help! Any insights on travelling while an EEA2 is in progress??

Thanks in advance and let me know if any are interested in the letters and/or fax numbers, emails that I have used to get my issues resolved!

Cheers and hope all of you are doing well! :D

Fe

Plum70
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Post by Plum70 » Tue Jul 08, 2008 8:59 pm

darlinfe wrote:Just wanted to update everyone on my EEA2. My husband and I moved recently, and we just got our internet back up from BT. It took them a month to get it figured out! Otherwise I would have responded sooner to some of the newer messages.

Anyways, after trying to call the Home Office Customer Service (NW) Office and it going to a pre-recorded message. I could never get a live person to talk to! So, I emailed and emailed. It took just two tries and 5 days to get a reply. But, after much complaining and making my point my Certificate of Application letter arrived. Took just under 2 months to get! I sent in my application in mid-April to Liverpool jointly with my husband's EEA1 application and received the letters mid-June! What a fight it was to get!

I also was able to get my passport back BEFORE I got my letter. I did this by having my husband fax multiple letters to 3 different numbers. The last one did the trick. I put URGENT - RESPONSE REQUIRED, and in less than 5 days I got my passport back. Only because I sent an extra Special Delivery/Next Day prepaid envelope with our applications. I included these letters as attachments to the NW Customer Service Complaints email along with my request, and put a monetary figure on the fact of Home Office dragging their a**.

If someone needs direct advice on a letter template for requesting one's passport and/or a complaint letter to the Customer Service Group along with a link to emails, let me know. You can always edit it to your needs and particular situation.

I thank ''Directive'' for his advice about contacting SolvIt. However, in my case, SolvIt said they could not help me. My husband is Danish, but was living in the US for the past 5 years before we moved here to the UK. So, they said although he is an EU Resident/Danish Citizen, our situation was not relevant in order for them to help us. Good thing I took the initiative to resolve it myself. Hopefully others have better luck with SolvIt. I was a little peeved that they didn't help us, it didn't really make any sense. But this whole process doesn't...so..yeah!!

I will also say, that I had to email several times after Home Office said they sent out the letter. But at least the Customer Service Department followed up when asked, and had it reproduced/resent. I eventually got two sets of letters, but it took them time to get to me. So slooow.

***Now I am in another dilemna and hope someone can help!***

My husband and I wanted to travel back to the US and around Europe for vacation. My EEA Family Permit has expired, and was told that in order to return to the UK I would have to apply for a new one. But wrote to the UK Immigration/Home Office in Los Angeles where I had applied to before. And they told me that if I get another EEA Family Permit while my EEA2 Residence card is in process here in the UK, the EEA2 will be cancelled! AAARGHHH!!

I am hoping someone has experience of using their Certificate of Application letter and proof/evidence to be allowed back across the UK Border! I mean, I feel like a prisoner here in the UK while they take their time deciding my case. I understand the procedures, but the Home Office here didn't care to inform me that if I get another EEA Family Permit, what the consequences would be. Not to mention, I do have the right to travel. So, please...help! Any insights on travelling while an EEA2 is in progress??

Thanks in advance and let me know if any are interested in the letters and/or fax numbers, emails that I have used to get my issues resolved!

Cheers and hope all of you are doing well! :D

Fe
Fe if you are an American citizen then you should be able to re-enter the UK w/out a visa. I would advise that you travel with your marriage certificate, CoA from the HO as proof that you are a non EEA spouse awaiting your residence card.

Hope this helps

darlinfe
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Post by darlinfe » Tue Jul 08, 2008 10:26 pm

Hello Plum,

Thanks for your input!

I am indeed an American married to an EU Citizen (Danish). I want to be sure that this is okay, as I don't want to come back to the UK and then they won't let me in.

I wanted to make travel plans to visit my mom and family back in The States since I have time to do so. And especially because it would mean alot to my mom and I to see one another. Need some family time as well as some vacation time with my hubby. Let me tell ya...we are looking forward to some travel after everything we've been through in the past 6-8 months.

Do you have direct experience with doing this process yourself? I needed an EEA Family Permit to enter the UK, and that's why I suppose the Home Office said I would need another one to come back. A little silly if my Residence Card is currently under consideration.

Thanks!
Fe

Plum70
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Post by Plum70 » Tue Jul 08, 2008 11:10 pm

darlinfe wrote:Hello Plum,

Thanks for your input!

I am indeed an American married to an EU Citizen (Danish). I want to be sure that this is okay, as I don't want to come back to the UK and then they won't let me in.

I wanted to make travel plans to visit my mom and family back in The States since I have time to do so. And especially because it would mean alot to my mom and I to see one another. Need some family time as well as some vacation time with my hubby. Let me tell ya...we are looking forward to some travel after everything we've been through in the past 6-8 months.

Do you have direct experience with doing this process yourself? I needed an EEA Family Permit to enter the UK, and that's why I suppose the Home Office said I would need another one to come back. A little silly if my Residence Card is currently under consideration.

Thanks!
Fe
Unfortunately I do not have 1st hand experience but I bet you can definitely come back in with little or no trouble (better to double-check with others who have though).

I too think that we all deserve some major holidays after all that's been thrown at us this year!!!

Good luck with everything.

Cheers

darlinfe
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Post by darlinfe » Thu Jul 17, 2008 12:49 pm

Hello All,

I did get an answer from Home Office in Los Angeles, CA about if I were to apply for a new EEA Family Permit, that it would cancel my EEA2 application here in the UK. A supervisor there verified this, saying that if apply for another permit it will basically put me to square one and having to apply again for an EEA2. So, I'm not going to do that, and glad I found out before deciding to do so. I have plans to visit my mom in the US mid-August, and will take the advice of Ol. I have also read on the UKBA website that EU/EEA Residents and their family (incl. non-EEA residents) don't have to apply for anything to reside here. It's just that one cannot do anything without it, such as work, etc.

Anyways here is Ol's advice and this is what I plan on doing when re-entering the UK:
The legal situation is very clear. They have to let you in even if the family permit has expired, provided you can prove that the conditions are still valid. So let's say you take the following with you:

1. Passport with family permit
2. Letter confirming spouse's employment
3. Marriage certificate
4. CoA (probably not necessary)
5. Copy of the UKBA execution instructions confirming that they have to grant entrance provided you can prove you have the right unter EU legislation (definitely not necessary but surely helpful)
6. You travel together

With that they have to let you in even if the family permit has expired.

Quoting from http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary:

Quote:

Before an Immigration Officer refuses admission to a non-EEA national under
Regulation 11(2) because s/he does not produce an EEA family permit, the IO must
give the non-EEA national reasonable opportunity to provide by other means proof
that he/she is a family member of an EEA national with a right to accompany that
national or join him/her in the UK.

Even on a regular UK visa the visa is still valid while the application is pending - but that's of course not relevant here since it's based on different law.
Hope this helps someone else out and I will post on another link since I know people had questions about EEA2's in progress and wanting to travel without headache.

Thanks Ol for your help!

Cheers!
Fe

alsoEEA2
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Post by alsoEEA2 » Sun Jul 27, 2008 10:10 pm

darlinfe wrote:Hello All,

I did get an answer from Home Office in Los Angeles, CA about if I were to apply for a new EEA Family Permit, that it would cancel my EEA2 application here in the UK. A supervisor there verified this, saying that if apply for another permit it will basically put me to square one and having to apply again for an EEA2. So, I'm not going to do that, and glad I found out before deciding to do so. I have plans to visit my mom in the US mid-August, and will take the advice of Ol. ...
Hi Darlinfe,

I have been living in UK for 5 years now. I'm not an EEA citizen but I was working here under a Work Permit. Last February, I got married and my husband is an EEA citizen. I submited my EEA application last March inmediately after we got back from our honey moon and before my Work Permit VISA expired.

My husband and I had to travel outside UK two weeks ago, so I asked for my passport back and I got it with the same letter as you did. Since I didn't have a valid VISA I was not sure if I would be allowed to enter UK on my way back. So I called the Inmigation Office at the airport and they told me that with my COA would be enough. Just in case, we also brought with us our wedding certificate and my previous passport where I had the stamp of my work permit VISA.

At the point of entry I handed the Inmigration Officer my passport and the COA. He asked me for the wedding certificate and confirmed with my husband that we were married. So he said he would let me in BUT only for two months, that on this time it should be enough for the Home Office to decide on my application. He also said that in the COA letter it states the applicant is advised not to make travel arrangements until the application has been decided and that if I travelled then that was my decision. In my passport he literally stamped that I had a Leave to remain for two months.

Counting the months from the date when I made my application until the two months I was given, it is six months exactly. I read that the processing times for the Home Office to decide on an EEA2 application is six months, but what if they don't do it within time. I'm a bit worried about that. I still have my passport and I don't know if I should send it back or wait for the Home Office to request it back (as stated in the letter).

So, in reply to your post, it should be ok for you to come back to the UK with your COA and the other documents. It is good you are travelling with your husband.

About my case, would anybody in the forum have any advise on whom to contact or what to do to expedite the processing of my application. I just don't want to wait and hope for the best; specially after reading all the delays caused by moving the processing of EEA2s to Liverpool. What if they take longer than six months? What if I don't have my passport when the two months have expired? I cannot leave the country without a passport!

Your advise would be very welcome.

An EEA2 club member too.

darlinfe
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Post by darlinfe » Mon Jul 28, 2008 4:32 pm

Hopefully the stamp in your passport doesn't effect anything. If your EEA2 is still in process, then you don't have a need to worry. Your leave to remain in the UK should be fine until the EEA2 is decided. But if you travel again outside of the UK, they will probably give you a hard time.

First and foremost, what is your nationality and what is your husband's nationality? This may help in regards to your situation. I mean that way someone who may have more experience can accurately answer your question.

However, when I am travelling next month, I will be without my husband. This trip is for me to go back and visit my mom since I am not working. I need to go back to help her out with some family things.

I did however get an answer from UKBA Public Enquiries here in the UK. I have been given contradicing information from the UK Home Office (in the USA) who issues the EEA Family Permits versus the Home Office here in the UK.

I have now found out from UK Home Office/UKBA that I can obtain a second EEA Family Permit whilst my EEA2 is in process. And it will NOT CANCEL my EEA2.

I will save this email and share it below. Because now I have proof from someone in Home Office here. I had to ask about 4 different times, because one department said they didn't deal with those questions or they just didn't answer back.

Here is the response (with pertinent info marked out):
Dear XXXX,

Thank you for your enquiry.

If you require the urgent return of your documents, please contact the Immigration Enquiry Bureau on 0870 606 7766.

Please note that return of the applicant's passport submitted in support of a EEA2 application, for travel outside the United Kingdom, will not lead to the application being withdrawn. We aim to return requested documents within 10 working days.

Please be advised also that, if you request the return of your pasport and you travel, you are permitted to re-enter the UK. If, however, the EEA Family Permit has expired, you will need to obtain a new one from your nearaset Brirish Diplomatic Post abroad but your EEA2 application will still be pending in the UK.

UK Border Agency staff based at ports of entry decide whether to grant entry to a person arriving into the United Kingdom through the immigration control at the time of arrival, on a case by case basis. We cannot advise on a case in advance of that arrival.

Please be advised that, when re-entering the UK, a foreign national will be required to show a valid visa allowing them entry to the UK, for those categories where this is required, along with evidence that they are re-entering for the same purpose.

I hope that this is of some assistance to you.

Yours sincerely,

xxxxxxxxxxxxxxxx
Immigration Group
UK Border Agency
Also, if you want to expedite your EEA2, I'll have to say as others here have, that it's not possible. Home Office will take as long as they'd like to. They have to take 6 months or less to decide, but in some instances they will take longer. Now to enforce the 6 month rule, I would personally start emailing the Customer Service Group according to the office you sent your EEA2. There is a complaints department. You could do this 3-4 weeks before the 6 month mark. That way you have a clear line of communication, also documenting it.

SolvIt may be another option, depending on what country you're from. I cannot use this option due to my particular situation. You can give them a try at:
http://ec.europa.eu/solvit/site/about/index_en.htm

It just makes me worry that they stamped your passport. You have the right to be here in the UK based on EU/EEA Law. I think it's absurd that Home Office basicially wants to keep people here in the UK for 6 months or longer because of their slowness and inefficiencies.

Also, DO NOT send in your passport before requested. I would wait until it's requested. I am at he 3.5 month mark of waiting. My husband applied for his EEA1 along with my EEA2, and he got a letter over a week ago to send in his passport. He put a letter in from his employer to send it back ASAP, but they still haven't. We even ensured it was addressed to the officer directly. But I haven't received any letters yet...and I am sure I won't get anything until I am ready to travel. I have another trip planned with my family in September as well.

But at this point, I have decided to get another EEA Family Permit while I'm in the USA. I am there for 3 weeks, so that's plenty of time to get it sorted. It only took 2 business days last time to decide. Pretty good. I am also lucky because I have some of the documents in duplicate. I also have an embassy approved document that verified my husband's passport last year. So, I can use this in lieu of his passport. I did this the first time I got my EEA Family Permit, so it should be fine this time. Hopefully having this new EEA Family Permit will allow me to travel freely for another 6 months with NO Issues! I just want to be free! =o)

If you need to find out contact info for complaints...here you go...
http://www.ukba.homeoffice.gov.uk/conta ... omplaints/ **But Home Office won't respond unless it's close to the 6 month mark.**

Hope this helps. And perhaps someone else will respond based on first hand experience to make you feel at ease.

Cheers!
Fe

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Post by thsths » Mon Jul 28, 2008 5:08 pm

alsoEEA2 wrote:So he said he would let me in BUT only for two months, that on this time it should be enough for the Home Office to decide on my application. He also said that in the COA letter it states the applicant is advised not to make travel arrangements until the application has been decided and that if I travelled then that was my decision. In my passport he literally stamped that I had a Leave to remain for two months.
I know it looks weird on paper, but the stamp has no relevance. You already have a right of residence, and the residence card will confirm that once you get it. So you are not actually relying on the leave (2 months) that the officer gave you, but you only needed "entry clearance". Even a visa for once day would have been fine.
I still have my passport and I don't know if I should send it back or wait for the Home Office to request it back (as stated in the letter).
You should wait, because you will also need to send other evidence about your recent situation.
So, in reply to your post, it should be ok for you to come back to the UK with your COA and the other documents.
Indeed. It seems that the officers are getting more aware of European law. My last experience was also very positive.
About my case, would anybody in the forum have any advise on whom to contact or what to do to expedite the processing of my application.
You cannot do anything until the 6 months are over. Then you can contact SOLVIT, the parliamentary ombudsman, your MP, or the costumer focus team at the UKBA.
What if I don't have my passport when the two months have expired? I cannot leave the country without a passport!
As long as you are travelling with your spouse, you should be fine, even after the 2 months. Just keep a copy of your complaint letter handy :-)

Tom

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Post by bridiebridie » Mon Jul 28, 2008 5:15 pm

If it makes you feel better, my husband and I travelled back together to the UK yesterday armed only with my passport - with expired family permit - COA and a copy of our marriage cert.

Was anticipatating tears but was totally easy. Got 2 months stamped in my passport and was told that if I have to travel again after that time, Id just get another two months until I get my EEA2.

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Post by alsoEEA2 » Mon Jul 28, 2008 10:07 pm

Dear Fe, Tom and bridiebridie

Thanks for your replies and comfort words. Indeed your advices are very good. Today I called the Croydon office, explained my situation and first I got told off because I should have applied for a EEA Family Permit stamp in Norway before returning to UK. But later the lady on the phone was nicer and told me that I'm allowed to freedom of movement and also to stay in UK until my application has been decided, and that if I needed to travel again I should really apply for the EEA Family Permit before entering UK again. But at the moment I don't have plans to leave UK until December, luckily my employer didn't refuse me the right to work while my application is in process. I was advised too that I should ask for confirmation of my right to stay in UK from the Home Office by letter.

I will keep the note about the complaints link when the six months get closer. Also, I won't sent my passport and will wait for them to contact me.

Fe, should December arrive and I don't get reply of my application, could you please provide me with details (or the link) about the requirements for the EEA Family Permit. When I went to the embassy in Mexico they didn't know about this, the only thing they knew about was an entry clearance and that would take about six months to get! Btw, I'm glad you found a good advisor and that you will be able to sort your permit while in US.

Gab

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