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Appeal won, what happens next?

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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dubsmachine
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Appeal won, what happens next?

Post by dubsmachine » Thu Feb 28, 2019 3:16 pm

Hi,

I am English and living in Germany.
I applied for an EEA card for my Russian wife.
It was rejected as I didn't include photo's even though "optional" evidence.

We appealed and won, got the letter saying original decision retracted etc.

What happens next? There is zero information with the letter from the judge.

Will someone contact us for my wife to send her passport? Do we need to apply again or what exactly?
There is no phone number or contact information I can find.

Thanks for any info.

dubsmachine
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Posts: 8
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Re: Appeal won, what happens next?

Post by dubsmachine » Thu Mar 07, 2019 12:29 pm

Any advice on this one?
Is there a phone number or email anyone can suggest?

NatCam
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Georgia

Re: Appeal won, what happens next?

Post by NatCam » Thu Mar 07, 2019 1:46 pm

Was it a family permit your wife applied for? You said you were living in Germany?

dubsmachine
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Re: Appeal won, what happens next?

Post by dubsmachine » Thu Mar 07, 2019 1:50 pm

It was the EEA permit for my wife as family member of EEA person - as I lived in Germany for 5 years.

Yes we did the application at Dusseldorf in Germany, it got rejected for not having photos to prove our relationship "optional evidence".

Appeal was successful and had letter confirming this but since then nothing - no instructions on what should happen next.

Should someone ask for my wifes passport to be sent, should we apply again?
I have no idea and the government website just tells you how to appeal, not what happens if you win.

NatCam
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Joined: Tue Nov 07, 2017 5:26 am
Georgia

Re: Appeal won, what happens next?

Post by NatCam » Fri Mar 08, 2019 6:37 am

You should get an e-mail asking to submit the passport.

dubsmachine
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Re: Appeal won, what happens next?

Post by dubsmachine » Fri Mar 08, 2019 8:19 am

NatCam wrote:
Fri Mar 08, 2019 6:37 am
You should get an e-mail asking to submit the passport.
Thanks,
any idea the timing? We had letter from judge on 10th Feb

Obie
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Re: Appeal won, what happens next?

Post by Obie » Fri Mar 08, 2019 12:27 pm

You appealed in German court or UK court?
Smooth seas do not make skilful sailors

dubsmachine
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Re: Appeal won, what happens next?

Post by dubsmachine » Fri Mar 08, 2019 12:30 pm

UK court, she has residence permit in Germany but it isn't linked to me so applied via UK to enable her to travel there freely with me.

Obie
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Re: Appeal won, what happens next?

Post by Obie » Fri Mar 08, 2019 12:32 pm

I see, you could have applied for EU residence card for her in Germany and travelled with that.

Implementation can take up to 3 months.
Smooth seas do not make skilful sailors

NatCam
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Georgia

Re: Appeal won, what happens next?

Post by NatCam » Fri Mar 08, 2019 1:21 pm

3-4 weeks. Can you re-apply? - you could use Priority Service. (I would advise your wife to submit your original passport - not a photocopy, no matter what.)
Are you both in Germany?

dubsmachine
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Re: Appeal won, what happens next?

Post by dubsmachine » Fri Mar 08, 2019 1:23 pm

Yes we are both in Germany.
I didn't expect that we need to make new application otherwise what is the point of the appeal process.

Obie
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Re: Appeal won, what happens next?

Post by Obie » Fri Mar 08, 2019 6:49 pm

Priority service is not available with EEA family permit application.

If OPs appeal has succeeded, then there is no need to reapply. It is a question of implementation.

Other option for OP is to approach the UK Juxtapost port in Calais and show the appeal decision, and his wife will be granted entry to the UK.
Smooth seas do not make skilful sailors

dubsmachine
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Re: Appeal won, what happens next?

Post by dubsmachine » Fri Mar 08, 2019 6:55 pm

Exactly, I just don't know how it or when implentation happens as they give no info.
We just have to wait for them to request my wife's passport or do they send a EEA card?

NatCam
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Georgia

Re: Appeal won, what happens next?

Post by NatCam » Fri Mar 08, 2019 9:37 pm

Priority service is available at TLS contact centres.
They will not send you a card - you haven't applied for it.
I very much like Obie's idea. Or - you could wait.

NatCam
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Georgia

Re: Appeal won, what happens next?

Post by NatCam » Fri Mar 08, 2019 11:03 pm

Edit: I suggested reapplying because you don't really know how long it takes (request for the passport and the rest).
By "priority service" I meant: "added value service", when you can submit an application without making an appointment, thus making the process faster.

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