eea2 application

[lapkapups]

Hi Lapkapups,

Congratulations! I can imagine that you are totally relieved now.
Did you had any plans to go on holiday? Spain perhaps.

I saw that you applied on the 20th of November 2007. So, that makes 7 months and 15 days?

Perhaps a hint for everybody: JUST GO TO THE CROYDON OFFICE MAKE A LOT OF NOICE AND YOU WILL GET WHAT YOU WANT
Amazing Lapkapups. Maybe I will go to the Croydon Office too.
How did he managed to get in? How did it went in detail?

Could I ask you something? You said you made a complaint to the HO North -West Complaints department. I contacted the HO Compl. North-West department too by phone and they said it was decided and sent to Croydon. I then contacted the London complaints department, but they said I should make a complaint by fax or post.

Did you faxed it to: 020 8760 8765 ?

The problem is to send it to the right person / unit. I received a Certificate of Application for my wifes' residence card application, but it didn't mention anything about a case ID. I have got a reference code of the post I send.

As of tomorrow it has been 6 months. I want to sent them a complaint by fax. Did you use the complaints form which can be found on their website or did you just write it yourself?

Lapkapups there were other friend hera at the forum who applied earlier, but who haven't received it yet. So, it is worth complaining and maybe going to the Croydon office You did not contact Solvit did you?

I am totally crazy from happiness now And I guess the guy from the Complaints is totally relieved I am not going to torture him anymore with phone calls!

The wedding in Spain is definitely going ahead now and this is the main point!

What happened, I never used their complaints form and I never faxed an official complaint. I sent some letters, reminders, etc but they were not sent to the complaints, they were sent to Coydon in general with my reference number. I got the reference number from the enquiry line as it was not mentioned in the certificate of application.
So when I made an official complaint to Liverpool, I did it by phone. The girl on the phone just took my details and said someone'd contact me within two weeks. It was a week before the due date and for this reason I did not complain to SOLVIT - it was too early to complain to them and since my case was taken into consideration the next day after I complained I didn't see any point in contacting SOLVIT when 6 months past.

I would have complained to Croydon by phone as well but I could not get through. So I actually never complained to Croydon.

What happened there, they did not want to let him in and make a complaint (even though at website they say you can complain in person). They said that only HO staff could get into the building and that anyway they wouldn't have info on the case and he had to go to Lunar House where the papers are. H tried to get into Lunar House - no luck. The girl at the entrance would not let him in and was rude to him saying that he wants a PRIVILEGED treatment because he is asking for info or to speak to someone after 6 months and a half and she wasn't going to deal with him and she called a guard and said she didn't want to speak to him at all. But then she left and he decided that at least if he asks for his passport back they'd let him in and then he could speak to someone. So he did. To be honest it was by pure luck that they actually processed the visa today and it was ready to be posted so finally he could just pick it up. It would come by post tomorrow anyway so his trip turned out to be a bit useless. But if it hadn't happened to be processed at least he was inside and speaking already to someone who had the info about the case and he said he would not have left until he got some info and some deadlines and maybe make a complain or whatever, just to get this case solved finally.

I applied on the 20th November and it is 6 months and 15 days today.

[Plum70]

Hey Lapkapups, congrats! Have you actually seen your passport yet? It must feel great to have it in your clutches after almost 7 months ay?

Is it valid for 5 years as normal?

[lapkapups]

Hey Lapkapups, congrats! Have you actually seen your passport yet? It must feel great to have it in your clutches after almost 7 months ay?

Is it valid for 5 years as normal?

Yes, I've seen the passport
The card is valid as normal, till 28th May 2013

[nubianhoney333]

Hey Guys

Sorry I'm a little confused, what is a COA got to do with the EEA2?

Isn't the COA only when applying for marriage

[cutepearl]

its two COA's

one is Certificate of Approval
and the other is
Certificate of Application

one for marriage 1st one
and
one for EEA2 the 2nd one..;

congrats to you guys for gettig your passports back...

[nubianhoney333]

the other is
Certificate of Application ... for EEA2

Do you need a Cert. for Application for the EEA2

[Directive/2004/38/EC]

Each EU member state is required to immediately issue you with an acknowledgement of your application for a Residence Card.

[copper]

HI

as i wrote my previous text I received an letter from home office and stated my application was decided on 13 may 2008,but so far I have not still my documentation.Moreover, today I phoned to home office asked for my application process,answer was so intersting: my application is still being considered.

I JUST HATE IT.i am really get tired of it.

[mastermind]

Hi everyone,

My wife and I are also waiting for EEA1+EEA2 (applied in January).
I think what we MUST do is we must make a petition or maybe initiate a class action suit with European court (I'm not a lawyer, please someone competent advise us what is the proper EU body and the proper action we should take).

The goals should be simple:
1. Explicitly prohibit the authorities (HO in case of UK) from holding passports while they are mulling over our applications. (And probably all other original documents as well. Why can't they make photocopies and return the originals right away? I'm sure they make photocopies for their records anyway.)
2. Oblige them to provide provisional residence permits immediately upon application, valid until they make their decision.

The reasoning is this: we have the right of free movement within the EU regardless of their decisions but they are depriving us of this right by:
1. Holding passports.
2. Even if they send passports back on request they do not send back other papers like marriage certificate required to get a EEA FP abroad in order to return to the UK.

I guess that a lawsuit with EHCR would do it but as far as I know EHCR is flooded with cases, so probably there is a faster way.
Let's find out what is the most appropriate body in the EU to address this to and what is the proper form of action (a lawsuit, a petition or anything else?). Then let's get it signed by as many people as possible.
I'm sure that my wife and I will get our documentation before any possible result of such action. But we'd sign it anyway and I'm sure that many of you would also do.

If we wont fight with those bureaucrats who will?

[Plum70]

My sentiments exactly mastermind. I am airing similar views in a different forum.

I agree with the idea of returning passports and giving provisional permits. I also am of the opinion that the COA needs to be made more concise and relevant to the individual applicants.

I am also waiting for my EEA residence card (applied Jan 30th). Judging by the feedback from those who applied well before me (Oct - Dec '07) I expect that I may have to wait another month and a half before receiving word from the HO.

This sort of treatment is unfair and unlawful and yes we must coalesce and press for +ve change!

I will be posting further thoughts on the matter so watch this space.

Cheers

[thsths]

1. Explicitly prohibit the authorities (HO in case of UK) from holding passports while they are mulling over our applications.

Yes, that is an excellent suggestion. I think you can have that already, in that you can ask for your passport to be sent back. If you are prepared to go to court, I am sure you could also get the other documents back.

2. Oblige them to provide provisional residence permits immediately upon application, valid until they make their decision.

This is a difficult point. Yes, it would make a lot of sense, but I cannot see how you would argue a right for this.

I guess that a lawsuit with EHCR would do it but as far as I know EHCR is flooded with cases, so probably there is a faster way.
Let's find out what is the most appropriate body in the EU to address this to and what is the proper form of action (a lawsuit, a petition or anything else?).

It is the European commission. I think SOLVIT can forward cases to them, so maybe you can ask them how to proceed.

If we wont fight with those bureaucrats who will?

You can fight bureaucrats, but it is very difficult to fight the home office. They are known to be rather unconcerned with law or judges, because it is so difficult to "get" them.

[cutepearl]

you actually dont need it but they send it to you when they receive your EEA2 application. just to confirm that they got your documents and you can work.

the other is
Certificate of Application ... for EEA2

Do you need a Cert. for Application for the EEA2

[Directive/2004/38/EC]

1. Explicitly prohibit the authorities (HO in case of UK) from holding passports while they are mulling over our applications. (And probably all other original documents as well. Why can't they make photocopies and return the originals right away? I'm sure they make photocopies for their records anyway.)

Why did you provide them with the passports in the first place? Why not just send photocopies or certified photocopies and a letter which indicates you need the passports for travel and will provide the originals when the Residence Card is ready to issue?

[lapkapups]

HI

as i wrote my previous text I received an letter from home office and stated my application was decided on 13 may 2008,but so far I have not still my documentation.Moreover, today I phoned to home office asked for my application process,answer was so intersting: my application is still being considered.

I JUST HATE IT.i am really get tired of it.

I can tell you why they say it's still under consideration. It's because they don't even know that the applications are sent to Croydon after the decision is made. The status is just changed from waiting into consideration and it is going to stay the same until the application is actually processed and sent out to you and only then they will tell you it's been completed. The enquiry line can not check (or they don't want to check) the movement of your application between the HO branches, its position in the queue, etc. The only real info I could get was from that guy in Complaints and that was very lucky that he made a mistake and actually gave me his phone number. Not even once the enquiry line told me something useful and they genuily seemed surpised when I was telling them that the application was decided and moved to croydone and I want them to check when Croydon received it. I don't know, maybe they all are just very good actors...

To other guys, I completely agree with you that we should fight. Although I've received my passport back already I will support a fight anyway, whatever needs to be done, and my husband too. I don't believe that we can't do anything. It might be difficult to "get" HO, but it's possible.

[lapkapups]

1. Explicitly prohibit the authorities (HO in case of UK) from holding passports while they are mulling over our applications. (And probably all other original documents as well. Why can't they make photocopies and return the originals right away? I'm sure they make photocopies for their records anyway.)

Why did you provide them with the passports in the first place? Why not just send photocopies or certified photocopies and a letter which indicates you need the passports for travel and will provide the originals when the Residence Card is ready to issue?

I agree with other guys that HO should provide some temporary residence while they process the application. It's true you can keep your passport but how can you travel? In my case I have to go to Spain. If I have my passport but not Residence Card yet, to travel to Spain I need in the first place to go to my home country to apply for the visa to Spain (because here you can't apply if you don't have the actual residence in the passport even if you have the certificate of application - that's definite, my husband went to Spanish Consulate twice to check that). After that I have to go to Spain, and in Spain apply for Family Permit to come back here. The closest place in Spain for us to apply for it would be Malaga - in 3 hours drive at least. And nobody knows how long it takes to get the visas in both cases (not speaking about the "comical" application form for Family Permit with questions like: when was the last time when you saw your spouse and if you've kept in touch since and how and how often do you see each other - that's when we live together!
And who'd pay for all these plane tickets? I'm not so rich yet.

[Tyro]

Hi Guys,

So we are sending new EEA 1 and EEA2 applicaiton to liverpool or Croydon!!!!!


Regards

Tyro

[yankeegirl]

I think if you are making both applications together, send both to Liverpool. At least that was what the ILPA was saying a couple months ago.

[Atomo1]

People,

Given that many heads think better than one, I would like your advice.

I have my form EEA2 to send of together with my partner's EAA1.

I am on a student visa until Feb 2009. He is Italian in UK for almost 6 years and is planning to apply for citizenship by the end of the year.

I was planning to apply for unmarried partner visa under the EU law but considering the long wait reported by everyone I am not sure if I should wait and apply under the UK law since I could pay for a premium service and have my application decided on the same day....

My partner thinks is better to apply now and wait since the result which should be back before my visa expires. On his opinion, it is a bit risk to wait for his citizenship that considering the HO policies and its way to do things. He worries that for some reason his application could be delayed and I end up having to renew my student visa.

What is your opinion? Shall I go with the EU law or wait to apply under the UK law

[tasha75]

What is your opinion? Shall I go with the EU law or wait to apply under the UK law

I don't think you have to wait if you want to apply under the UK law. If your partner has been exercising his treaty rights for 5+ years then he has automatically acquired permanent residence. In which case he is "present and settled" and you can fill the same FLR(M) form as you would had he been a British citizen.

[Ani]

We now have Solvit involved with my fiance's application, which was 9 Aug 2007. Today Solvit have told us that the HO have said the reason they haven't made a decision is because they are waiting for us to return the Method of Entry questionnaire they sent us in Jan, & so our application is not complete.

This is a blatant lie! We returned the questionnaire & have a letter from the HO dated 22 Feb 08 stating that they received it 10 Jan & that they had all the documents required & our case would be outcomed shortly! In all of the letters & phone calls we have made since we have always said please contact us if we can provide any more info. We have heard nothing! It makes me so angry that they mess with your lives like this, & then just lie when they get caught out!

What did SOLVIT say when you told them that you've got a letter from HO confirming that they received this questionnaire back in Feb??quote]

We have faxed the HO letter to Solvit so they can challenge the HO... Waiting to hear the outcome...

Congratulations on getting yours all sorted!

[TRIBUNAL]

Hi everyone, regular reader of this informative forum.Made application on EEA2 form early November 2007, still hasn't heard a word from HO. My suggestion is , why don't we name our various caseworkers on this forum so that we all will be well informed before hand about a lunatic caseworker who doesn't know about Council Directive 2004/38/EC. Like the one that asked Lapkapups to send her husband's passport even though she has earlier sent her husband's national identity card in support of her application. Or the one that asked a gentle guy on another forum to supply his ex-wife's passport/ id card including her current Treaty rights which is not needed if you want to retain your rights following divorce from the EEA national Sponsor. The names can be found on the letter requesting further documents or the letters granting or refusing the application. Come on what do you think?

[Alaa Mesbah]

Do not go back to Egypt to apply for a spouse visa. That's what the HO tells you to do and then once you're abroad, it's really hard to come back to the UK through your spouse.

You must be entitled to do it from here (in the UK) if you're married.

The case here is that can you prove to the HO that you've been living with your wife for the past two years together? Do you have any marriage certificate from Egypt?

The HO views your situation as a "marriage of convenience" because you came here on a tourist visa, and then decided to get married. This is the problem.

Nubianhoney..

thank you very much for your information just to till you i presented pro of that me and my wife have been living together that is why i was granted the COA at the first place, we have marriage certificate from egypt but they did not ask for it and i sent as they asked me utility bills and the letting contract, and some photos from our period of time in egypt. and what makes me feel a bit worried is that i was informed that i have to leave the country and get back on a spouse visa. but why the HO did not suggest that in the letter they sent to me. all they said on the letter is that after my Mrs and i get married i should apply straight away for an EEA2. one last question nubianhoney.. will the application take as long as six month as all the guys in this topic are suffering from????

thanks a lot for your concern and hear from you soon.

[Atomo1]

What is your opinion? Shall I go with the EU law or wait to apply under the UK law

I don't think you have to wait if you want to apply under the UK law. If your partner has been exercising his treaty rights for 5+ years then he has automatically acquired permanent residence. In which case he is "present and settled" and you can fill the same FLR(M) form as you would had he been a British citizen.

Thank you Tasha.

I will check that.

[Plum70]

Hi everyone,

My wife and I are also waiting for EEA1+EEA2 (applied in January).
I think what we MUST do is we must make a petition or maybe initiate a class action suit with European court (I'm not a lawyer, please someone competent advise us what is the proper EU body and the proper action we should take).

The goals should be simple:
1. Explicitly prohibit the authorities (HO in case of UK) from holding passports while they are mulling over our applications. (And probably all other original documents as well. Why can't they make photocopies and return the originals right away? I'm sure they make photocopies for their records anyway.)
2. Oblige them to provide provisional residence permits immediately upon application, valid until they make their decision.

The reasoning is this: we have the right of free movement within the EU regardless of their decisions but they are depriving us of this right by:
1. Holding passports.
2. Even if they send passports back on request they do not send back other papers like marriage certificate required to get a EEA FP abroad in order to return to the UK.

I guess that a lawsuit with EHCR would do it but as far as I know EHCR is flooded with cases, so probably there is a faster way.
Let's find out what is the most appropriate body in the EU to address this to and what is the proper form of action (a lawsuit, a petition or anything else?). Then let's get it signed by as many people as possible.
I'm sure that my wife and I will get our documentation before any possible result of such action. But we'd sign it anyway and I'm sure that many of you would also do.

If we wont fight with those bureaucrats who will?

Hey mastermind, I have found out that one can lodge a petition with the European Parliament. See this link (you will have to copy and paste into your web browser. Couldn't figure out how to make it an active link!)
http://www.europarl.europa.eu/parliamen ... y.do?id=49
&language=EN

Do let me know how things go and when you hear from the HO as we applied at the same time. I will do the same.

Cheers

[lapkapups]

We now have Solvit involved with my fiance's application, which was 9 Aug 2007. Today Solvit have told us that the HO have said the reason they haven't made a decision is because they are waiting for us to return the Method of Entry questionnaire they sent us in Jan, & so our application is not complete.

This is a blatant lie! We returned the questionnaire & have a letter from the HO dated 22 Feb 08 stating that they received it 10 Jan & that they had all the documents required & our case would be outcomed shortly! In all of the letters & phone calls we have made since we have always said please contact us if we can provide any more info. We have heard nothing! It makes me so angry that they mess with your lives like this, & then just lie when they get caught out!

What did SOLVIT say when you told them that you've got a letter from HO confirming that they received this questionnaire back in Feb??quote]

We have faxed the HO letter to Solvit so they can challenge the HO... Waiting to hear the outcome...

Congratulations on getting yours all sorted!

Thank you!

By all means please update us as to what's happening. This is horrible that you ghave to wait so long!