Claims for compensation due to EUSS delay

[saddleback]

Hello Everyone

I am an Irish citizen, settled in UK (Issued with DCPR in 2017, with evidence of continuous employment since then). My second child was born abroad and we have applied for EUSS Family Permit to facilitate child's entry into UK after 31/12/2020. The biometrics appointment is next week.

My wife, a Russian national, has a pre-settled status and has a valid Article 10 EEA RC valid until 2014.

My question is whether my wife would be eligible for entry into UK with the aforementioned set of documents or shall (or should, in fact) we apply for EUSS FP to facilitate her entry?

[Zerubbabel]

My wife, a Russian national, has a pre-settled status and has a valid Article 10 EEA RC valid until 2014.

I guess you mean 2024.

If she wants to enter the UK before 31/12/2020 that's fine. She can do it as normal.

If she wants to enter from Jan 1, 2021, I don't know. I heard both options (@kamoe)

[saddleback]

My wife, a Russian national, has a pre-settled status and has a valid Article 10 EEA RC valid until 2014.

I guess you mean 2024.

If she wants to enter the UK before 31/12/2020 that's fine. She can do it as normal.

If she wants to enter from Jan 1, 2021, I don't know. I heard both options (@kamoe)

2024 of course, apologies for the typo. Any advice would be much appreciated to enable us to book biometrics well in advance.

[kamoe]

My wife, a Russian national, has a pre-settled status and has a valid Article 10 EEA RC valid until 2014.

My question is whether my wife would be eligible for entry into UK with the aforementioned set of documents or shall (or should, in fact) we apply for EUSS FP to facilitate her entry?

In this post, I share the answer I got from my MP, after asking a similar question. This answer comes to them from the Home Office. Relevant to your question is the following extract:

A valid EEA BRC can continue to be used for immigration and travel purposes until at least the end of the grace period on 30 June 2021. Non-EEA national family members whose cards expire can apply for a replacement document if they need one to board carriage to the UK. The Government will shortly provide updated information on the GOV.UK website with further advice on the use of biometric residence cards.

This answer suggests that EEA BRCs that have not yet expired (I interpret that to mean printed expiration date has not passed) can be used beyond December 31st 2020 and at least until June 30th 2021.

[saddleback]

Hello Kamoe,

thank you very much for this clarification.

[saddleback]

Hello everyone,

I am so immersed into it that I now think I over-simplify it.
In short, we apply for an EEA Settlement Scheme Family Permit on behalf of my under 1 y.o child to enter UK from abroad. I am an Irish citizen and did not apply for EUSS as I already hold a Document Certifying Permanent Residence.

I think I just need to establish three things:

1. Irish citizenship of the applicant's parent (best done based on providing an Irish passport of the parent).
2. Applicant's relationship with the Irish parent and which commenced prior to 31/12/2020 (based done based on providing applicant parents' marriage certificate and the applicant's birth certificates).
3. Evidence of the Irish parent's continuous residence in UK (Document Certifying Permanent Residence issued in 2017, P60s and some recent payslips).

The application form mentions about travel tickets, accommodation details, evidence of travel and of financial affairs/dependency but I do realise that may be a generic list of requirements.

Have I missed anything else? yes, I will also provide a cover letter to put things into a single coherent whole.

Thank you kindly

[saddleback]

Hello,

we applied for EUSS family permit before Christmas and today received the following email:

Thank you for applying for a UK visa. Your visa application has been received and is under consideration.

"If you are applying for an EEA family permit or an EUSS family permit we aim to process your application as soon as possible after you attend your appointment at the visa application centre.

Unfortunately your application has not been straightforward and it will therefore take longer to process, we are unable to provide a time scale as to when individual applications will be concluded. We are continuing to work on your application and aim to make a decision as soon as possible. We will write to you again if there is any change to this"

I have read the guidance document regarding the EUSS applications, which should be dealt with as soon as practically possible. Moreover, the application is in regard of an infant, where dependence is straightforward, where the EU (Irish) parent has a DCPR and has been employed since PR was obtained and where no other information (such a finances, etc) is truly relevant.

Could you please suggest whether I read too much into this but we would ideally like to get the FP as soon as possible to honour our travel plans.

Thank you.

[saddleback]

An update: I contacted complaints regarding delay in issuing EUSS Family Permit and hoping to hear soon. I would be curious to hear from other Family Permit applicants regarding their timeline.

[saddleback]

Hello,

I contacted UKVI via the complaints form and they did not respond within the specific time. I do not foresee them doing that any time soon by scanning the forum.

We need to be in UK sooner rather than later because of my work. Delay with issuing an EUSS FP affects our ability to do that.

What is a next step following the complaint not being dealt with? Please suggest as I am unclear what are the options. Yes, I already contacted my MP.

Thank you very much.

[saddleback]

Hello,

We are panicking as our timeline for making a move back to UK is severely affected by the UKVI dragging their feet.

Here (eea-route-applications/refusal-of-eea-f ... 12310.html) Vinny outlined that it is still possible to apply for EEA FP, whilst we applied for EUSS FP, which is proving to be a subject to massive delay.

My question is whether withdrawing EUSS FP application and applying for EEA FP instead going to do justice to our timing for producing EC quicker? It is very difficult as UKVI does not respond to complaint and there is no no way to find out about the application - it is truly a black box.

Thank you

[Obie]

Your child is an Irish citizen, or was he/she born after you acquired citizenship?

[saddleback]

Your child is an Irish citizen, or was he/she born after you acquired citizenship?

yes, albeit without an Irish passport due to delay in issuing Irish Foreign Born Register certificates due to Covid restrictions.So technically, a non-EEA national - holding a Russian passport derived from my wife's nationality. Hence the need for EEA FP/ EUSS FP to enter UK.

[saddleback]

Your child is an Irish citizen, or was he/she born after you acquired citizenship?

Hi Obie, would you suggest ways of expediting the application in the current climate?

[saddleback]

Hello everyone,

HO has delayed processing the application on behalf of my daughter and we lodged a complaint on 14/01. On 12/02 they upheld our complaint, informing that the visa is granted on 26/01 and it should reach us within a few days. We then contacted our MP, who lodged an enquiry with HO. MP was advised that the application was concluded on 23/02, EUSS was granted and it we should hear from TLS 'within a few days'. All of these promises have not been delivered.

I am looking to lodge a compensation claim to compensate for lost time and inconvenience caused with changing flights. Is there a specific process that needs to be followed in immigration matters?

Thank you

[saddleback]

I am rather puzzled for mashing different questions to a single thread by moderators. I am confident that admins are attempting to group similar questions but this thread is a piece-meal atm. How compensation-related question applies to the earlier threads mashed here pertaining to the right to use EEA RC entry for my wife? Unless there is an underlying reasoning I am not currently prevy to?!

[kamoe]

MP was advised that the application was concluded on 23/02, EUSS was granted and it we should hear from TLS 'within a few days'. All of these promises have not been delivered.

That was only 7 working days ago. Knowing the postal system is experiencing considering delays (and any regular delivery is taking more than that to reach its destination), doesn't seem like you can yet claim the promise has not been delivered.

[saddleback]

That was only 7 working days ago. Knowing the postal system is experiencing considering delays (and any regular delivery is taking more than that to reach its destination), doesn't seem like you can yet claim the promise has not been delivered.

Correct on that point. My point, however, is that UKVI has given us a different date in their response to the complaint quoted verbatim below. Failing to adhere to that, they then provided a different date to an MP, which may have some reasonable grounds for the delay attached but is clearly failing to meet the complaint resolution timeline provided initially.

12 February 2021

Dear Mr XXX

Thank you for your email correspondence of 15 January where you have raised a complaint on behalf of xxx about her EUSS Family Permit application.

I am upholding your complaint.

I raised this matter with a manager on the decision making team. They agreed to ensure the application was concluded swiftly and the visa was issued on 26 January. If you have not yet been contacted by the Visa Application Centre regarding the return of the passport I would expect this to be soon.

Please accept my apologies for any inconvenience.

[saddleback]

I KINDLY ASK ADMIN TO DELETE THIS THREAD.
Unfortunately, choosing to aggregate multiple threads into one serve little justice to the distinct questioned I posted. There seem to be several standards and I seem to fall on the wrong end of some of them. As is, this botched threads serves little utility in receiving answers to my questions. Many thanks.