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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.Since it is now taking longer, because as one phone operater said, the Euro dept physically moved and is behind with applications.
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.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.
No, its not you, I thought the same thing!is it me, or do the EEA Family Permit and EEA2 seem to be identicial?
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.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..."
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.darlinfe wrote:I think if we applicants are held to a certain level of accountability, Home Office should be too!
Why did she use a lawyer? What was special about her situation?lapkapups wrote:A friend of mine applied in March and she still hasn't received COA. She applied through a laywer.
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.Directive/2004/38/EC wrote:Why did she use a lawyer? What was special about her situation?lapkapups wrote:A friend of mine applied in March and she still hasn't received COA. She applied through a laywer.
She should contact the Home Office. They are required to immediately issue the COA.
I send on 20. April to Croydon my EE2 form and they send me COA three week's after.darlinfe wrote:Not that this is anything new. I mean delays with applications.
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!
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 am glad to hear that you succeeded to get our passport back. Congratulations!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.
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.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.
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.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!
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).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
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.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.
Hi Darlinfe,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. ...
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.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
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.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.
You should wait, because you will also need to send other evidence about your recent situation.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).
Indeed. It seems that the officers are getting more aware of European law. My last experience was also very positive.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.
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.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.
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 handyWhat if I don't have my passport when the two months have expired? I cannot leave the country without a passport!