EEA1/EEA2 Delays - April 08 Applications

[darlinfe]

Hello Gab,

Well, sorry I didn't see your response until now. Sometimes I will get an email that tells me when a new post has come up. But I guess it's only to my direct message.

Anyways, let me know if you need anything. But I only have experience pertaining to getting a EEA Family Permit in the USA. However, you can find out more info here: http://www.ukvisas.gov.uk/en/howtoapply/applyonline/
Then hit the third link down in the main section that says: Visa4UK - Apply Online It will take you to another page that let's you start the process based on your current location. However, you can start the application as if you are outside the UK, say whichever country you're planning to apply in. You can save the application in their system for up to 1 week and when you're ready, you can then submit it electronically. The info is all there based on the links.

You said something about Mexico? It doesn't have to be done there, just anywhere outside of the UK. I should mention, that it can take anywhere from 2 days to 3 weeks or longer. The first permit I got only took 2 days to get approved! Just be prepared. So, you better start at least 3-4 weeks before you really need it. It will be especially busy in December because of people wanting travel for the holidays. At least that's what I've read up on their website of times of seasonal delays.

I was really lucky to get my second EEA Family Permit. And with alot of contradicting information, was a little reluctant to do so because I was told by the Los Angeles UK Embassy that it would cancel my EEA2 here in the UK. But that wasn't true. I got it all in writing from the Borders and Immigration office here in the UK, saved it, and sent it in with my EEA Family Permit, highlighting the facts. Sounds silly, but I wanted to make sure there were no delays, and no problems with my current EEA2 application. I haven't waited this long to have it just up and cancelled. Sheesh!

Speaking of which...my EEA2 is still in process, past the 6 month time limit. I put in an official complaint a week before their decision deadline, and now someone is working on it. I have just over 2 weeks before my husband and I take off on vacation to celebrate his birthday and our 2nd wedding anniversary. I already know the drill with Home Office, so you bet I'll be on their backs next week to get my passport and approved EEA2.

Take care and again, just ask if you need anything...you can send a private message if you want a quicker reply.

Cheers!
Fe

[thsths]

I have just over 2 weeks before my husband and I take off on vacation to celebrate his birthday and our 2nd wedding anniversary. I already know the drill with Home Office, so you bet I'll be on their backs next week to get my passport and approved EEA2.

I would call them asap. Ever since the processing moved to Liverpool, getting your passport back sounds a lot more difficult. Some applicants had to wait over a month.

[deeva]

HI THERE,

I applied since june 08, and I still have to receive the aknowledgment letter. I think it is a joke; we need ID for our every day lives; At least they can send as some thing saying that we have your documents! But nothing at all and try to explain that to an employer! It is unbelievable that the HO would be so unefficient.

[thsths]

I applied since june 08, and I still have to receive the aknowledgment letter. I think it is a joke; we need ID for our every day lives; At least they can send as some thing saying that we have your documents! But nothing at all and try to explain that to an employer! It is unbelievable that the HO would be so unefficient.

Hm, that is indeed unusual. But since the letter does not actually contain any information, it is not too useful anyway.

If you think you need your passport, you can certainly request it to be sent back. You will need only your personal details, and maybe the royal mail tracking number of your application.

[Plum70]

But since the letter does not actually contain any information, it is not too useful anyway.

Not quite.
1stly, the Certificate of Application confirms that one has applied for a United Kingdom Residence Card
2ndly. It contains a general text that points to the rights of non-EEA family members to employment while awaiting their RCs (though not specific the text does give some information).
3rdly. More importantly it contains details of the employers' checking service for verification of the family member's rights to work in the UK.

Deeva, I would advise that you contact SOLVIT (the branch of the EU spouse's country of origin) to complain. The HO is obligated to issue you with a CoA IMMEDIATELY (having received your application and supporting documentation) as stipulated in Article 10 of the EU Directive.

[alsoEEA2]

Hi Deeva,

It is really a joke! 4 months and you haven'r even recieved the COA? Have you explained the people in the Home Office that your employer is asking you for proof of your application? They should be able to provide you with a telephone contact number so that your employer can verify that you have effectively applied.

When I submitted my application it took 3 weeks for it to appear in the system and then 4 weeks to receive the letter. So, two months.

I'm still waiting for the consideration on my appluication. I'm following Fe's advice and submitting a complain.

Regards,

Gab

[darlinfe]

Hello All,

Just an update. I followed Thsths's advice on calling in to retrieve my passport yet again. If anything, I wanted to see what would happen. I was shocked to actually get a phone call!

Mind you, that Home Office has had my passport for doing the actual checks on my application, etc for 2 weeks now. It wasn't until I called in to request my passport back, that they called me.

I spoke to a really nice officer, but I don't think she could say outright what she was going to try to do (recorded calls). But, she did call back this morning to ask me what I'd like to do based on a few options she explained to me yesterday. One option was suggesting that I re-apply for my EEA2, and I said no way...I haven't waited this friggin' long for nothing. I said that nothing has been done on my application for 7 months, and now that I request my passport back and complain...now HO wants to work on it? I really have until next Thurs/Fri (13/14 Nov) to get my passport back. I just said I needed to travel this weekend (to see what they could do) and said we pushed back our travel because of their delays/processes. They basically said it would take them two weeks to handle it, and I told them they have had everything for 2 weeks since their request for my passport, but they didn't even touch it. I kind of got them on that one, not to mention that I did ask about the 6 month rule, and they couldn't deny that either. Just that they came up with the excuse of too many applications, not enough people, blah blah blah blah. I said, it's an excuse, and all I want to know is, am I approved or disapproved for the EEA2 Residence Card? That's all I want to know! I said I understand the law and the processes everyone has to go through, but I can't give as many excuses as Home Office when it comes to my application. So, why isn't Home Office going to correct the issue and be held accountable for their actions? The supervisor said she can't make any promises, but would try to do what she could to get it done.

I will have to call back next week to see the progress if I haven't gotten anything in the mail by the end of this week. It's a good thing I sent a prepaid Next Day Royal Mail envelope, that way I can track my package. I'm trying to stay optimistic and gambling that they'll get it done on time. It's just the impression I got near the end of my conversation with the supervisor and the officer. I did thank both of them for their time and info. I also apologized if I got upset, just it's such a stressful and lengthy process for any person to have to perservere. She understood, so it's all good. At least I know something is happening. Jesus.

**I highly suggest, that if you are nearing the 6 month mark, go by weeks (count it out on a calendar), since some months have more weeks than others. Start by contacting Home Office at the 5 month mark from your date of application. I would put everything in writing to the Home Office Customer Service Complaint Department by email or mail (I think email is quicker, I usually get a reply within 2-3 days sometimes by post). I have probably sent 6-7 emails at various times for updating info, getting my case numbers, complaining about not getting the COA on time, to getting the latest on why nobody had requested my passport yet for my application. Here is the handy link: http://www.ukba.homeoffice.gov.uk/conta ... complaint/

I am still in shock that they took the time to call. They cannot give out their direct phone number for you to call them back, but they were very nice enough to call me back today. They have put a rush on my application, and as they mentioned, the vignette department (who puts the documentation into the passports) are at least 2 weeks behind. So, they say. I think it's all quite ridiculous as to how things get processed. I also mentioned just recently having a second EEA Family Permit and going through the same checks that they will be processing here in the UK for the EEA2 Residence Card. They couldn't really answer that, but they did defend their process. I said, no the process is inefficient and could be done much better. The supervisor said they have to process the EEA1 first then work on the EEA2 applications. But, I said, why don't they do it at the same time? Apparently they don't and cannot because of security clearance. I said but I have security clearance...that's how I got my EEA Family Permit in the first place to come here to the UK by submitting my Biometrics (fingerprints and digital photo) along with the same type of evidence as now. (duh!) Oh well...just thought I'd stick it to them as much as possible since I got someone on the phone besides customer service. I think too much, I guess I should just keep my mouth shut while I'm ahead.

Let me know how you all carry on. I wish luck to all, and will let you know what happens...no matter what!

Cheers and stay positive!
Fe

[darlinfe]

Hello All...again!

Just an update or rather completion! As of today, I have received my passport back along with some of the documentation sent into Home Office for my EEA2 application. No letter at all, just scrambled to look in my passport to ensure the Residence Card was in there..and it is! Phew!

They said it would possibly take 2 weeks or longer, but I mentioned all the upcoming travel and not having enough time between trips to send it back in. Apparently my points were made well enough as to why nothing had been done with it sooner than until I made a request for it back. I noticed that the tracking number was active for the package late last night. I couldn't believe my eyes. I had expected delivery on Monday, but the postman came this morning for Saturday Delivery. Excellent!

So, it can be done in little time. Well, if you need it in a hurry. Especially when they are behind!

Here is a summary:
My husband's EEA1 accepted application 15 April 2008
COA received end of June/Early July 2008
EEA1 Registration Certificate received 18 August 2008
Nationality: Danish/Denmark

My EEA2 accpeted application 15 April 2008
COA received end of June/Early July 2008
EEA2 UK Residence Card received 08 November 2008
Nationality: American/USA

Now, this was done with much bothering and enquiring of the HO. Not constantly, but enough to get my end result. I don't know if it was luck that I got a caring Immigration Officer and her supervisor...or if it also was due to my determination! I think mostly my determination and knowing how to word things to get it done. I guess I haven't lost my negotiation skills from my purchasing jobs. Now...if I can only get back into that field and into work...then I'll be happy.

I am here to help and will dedicate myself to assisting others on EEA1's and EEA2's based on my experience. I have the time, and know that it is hard not knowing all the laws and rules. But it's good to empower one self with as much knowledge as possible to use it.

Good luck to you all and let me know if you need help! Cheers!
Fe

[darlinfe]

Oooh...and many thanks to the people who helped me as well. I can't forget that. Without their help, I wouldn't be able to get things done without their wisdom, but can now gladly pass on the info to others!

So, thanks to all that have contributed to this forum!

THANK YOU!!

Fe

[Shane2008]

Hi Darlinfe and all,

1st of all, congratulations on getting the Residence card.

I'm in a similar situation. I'm Australian, my unmarried partner of 3 years is French. We applied for an EEA FP while in Australia earlier this year (we were there for a year), this was granted within a week as we had been living together for over 2 years.

We applied for the EEA2 after arriving in the UK at the end of March 08. We received the COA letter 3 weeks later. In August we requested our passports back as we needed to travel, this was done.

Recently, I came back from Australia with my expired EEA FP, at immigration they stamped the 2 months leave to enter in my passport. We mailed a letter to HMRC stating our case and that we would like our case resolved before the 2 months expires (Mid Dec). I also emailed off a complaint form to the complaints department.

Darlinfe, can you please pm me your letter templates, as I never really know what to write. Can you also let me know what else you did to hurry up the application? We would really like to go away for Christmas and would like to avoid the extra stress at immigration.

Thanks for any advice you can offer

[deeva]

Cheers guys; I will start calling them as they want us to harass them.
Well done darlinfe for getting your rc at least.

Thanks,

Deeva

[deeva]

so, is eea2 being now processed in liverpool? I thought it was in croydon.
what an utter mess!!!!!!!!

[eborras]

I am having a similar problem as many of you: the 6 months for my EEA2 application expired two weeks ago. I have been calling Home Office, but the only answer I have got is that my application is still pending. We have been sending letters since the beginning of my application to urge them to have it done in their time frame. We have also sent three faxes since the six months passed, but have got no response.

My husband and I had planned to go to Mexico in December to spend Christmas with my family and now I won't have a valid family permit to come back to the UK. We have our passports because we withdrew them in August, so asking for them is no problem at the moment. My huge worry is that I won't have enough time in Mexico to process a second family permit, because they can take up to 15 working days (as they are now sending the applications to NY!) and I cannot take so much time off work. As you can imagine, the Consulate closes many days around Christmas.

In one of our phone calls to HO I was told that I could try entering the UK without the permit and with enough dcumentation to prove that we are married (he is Italian), he is working and we have been living together, but that it was a decision of the Immigration Officer to let me in or not. I find this very risky and would like to know how many people have done this and what kind of response you get form the immigration officers. Also, what can happen if they refuse my entry. Would I get deported? Would it make it more difficult to apply for the EEA2?

We are desperate as our tickets are non refundable or exchangeabe and we are meant to leave in one week!

Thanks,
elena

[thsths]

I find this very risky and would like to know how many people have done this and what kind of response you get form the immigration officers. Also, what can happen if they refuse my entry. Would I get deported? Would it make it more difficult to apply for the EEA2?

I can understand that you are worried. It is your right to get into the UK (I assume you are married), but it is not an easy process. Personally I think that the risk of being rejected is very small, as long as you stay calm and persistent, and you discuss your case with a supervisor. Actually I just noticed that you are a non-visa national: then you should be fine, and in the worst case get a tourist visa entry stamp (which would have no relevance under European law).

If you get rejected, that would be violation of your rights, so it would have no influence on anything in the UK. You may even get damages, especially if the Residence Card application took more than 6 months.

However, the rejection could influence your ability to get visas in other countries. The US for example asks whether you have every been rejected a visa, and they recommend not to use the visa waver scheme if you have.

[eborras]

Actually I just noticed that you are a non-visa national: then you should be fine, and in the worst case get a tourist visa entry stamp (which would have no relevance under European law)

Thanks thsths for your answer. I was told that I cannot enter as a tourist, because I am not one. That had been my first idea! but I'm working and couldn't work if I was under a tourist visa.

We've found many documents stating that I have the right to prove to the IO that I am the wife of an European member, which I am. In that sense, we have all the correct documents, so there shouldn't be a reason for them not to let me in. What scares me is the fact that it is under the IO's discretion to let me in. I don't have any guarantees and in the letter sent m¡by Home Office with our passports, they very clearly state that I need a family permit to re-enter. What they don't say is that their consulates take too many days (just like them) in issuing a family permit.

Do you actually know someone who has allowed to enter with an expired family permit? Or someone who hasn't?

Thanks

[thsths]

Thanks thsths for your answer. I was told that I cannot enter as a tourist, because I am not one. That had been my first idea! but I'm working and couldn't work if I was under a tourist visa.

Yes and no - you could use the tourist visa as entry clearance, and your pending application for leave to remain (which are two separate concepts in UK law), but that is splitting hairs. The important point is that you could enter the country as a tourist, and because of this the officer is a lot less suspicious.

Do you actually know someone who has allowed to enter with an expired family permit? Or someone who hasn't?

I think there were some reports on the forum for both, actually. But I have the feeling that the officers are slowly getting used to the idea of European law, so it should be getting easier.

[Shane2008]

Hi,

We applied for the residence card in March 08 and it still hasn't been granted. My family permit expired in August.

I had booked a return trip to go back to Australia (my home country) in September, I got back into the country after a few questions from the immigration officer. I had the relevant docs with me, my spouse was not with me at the time. They stamped a right to enter stamp in my passport that expired 2 months after issue.

So if you're with your husband, have the relevant docs on hand I don't think you should have a problem.

[eborras]

I got back into the country after a few questions from the immigration officer. I had the relevant docs with me, my spouse was not with me at the time. They stamped a right to enter stamp in my passport that expired 2 months after issue.

Thanks Shane and thsths,

It's reassuring to hear about people who has actually managed to be allowed in without the family permit. What happens with that 2 months stamp in your passport, though? It has expired now and you haven't got the residence card yet! How does that work?

I'm getting the impression that we'll have to wait a lot longer than the 6 months that they should take...

It's just a nightmare!

[SunBlue]

Another problem is to convince the airline that you can board with one way ticket back to the UK.

[eborras]

Another problem is to convince the airline that you can board with one way ticket back to the UK.

I am a non visa-national, so I was hopping they would assume I'm coming as a tourist and don't ask questions. The same in Amsterdam as I am travelling via Amst. Do you think this is possible?

thanks

[thsths]

I am a non visa-national, so I was hopping they would assume I'm coming as a tourist and don't ask questions. The same in Amsterdam as I am travelling via Amst. Do you think this is possible?

As a non-visa national, you will have no problems with the airlines. They only check that you have the necessary documents, and for you a passport is sufficient according to the list the airline uses.

[SunBlue]

I just said about the airlines because I am a non-visa national. And sometimes when coming back from my country the airlines ask to see the visa as I have only the leg going to the UK.

The airlines are instructed nowadays to not let people from outside EU to board as a tourist with one way ticket!

Many friends of mine, dual national, when in the check in, are asked to see a visa, and then they show that they also have an EU passport.
Once I even asked KLM, as I showed only my Brazilian passport (the visa was in an expired one) and they said that if I didn't prove that I have a visa they wouldn't let me board. with just a return ticket.

[eborras]

Once I even asked KLM, as I showed only my Brazilian passport (the visa was in an expired one) and they said that if I didn't prove that I have a visa they wouldn't let me board. with just a return ticket.

And what happened? How did you convince people from KLM?
I'm assuming that you are also a family member of an EU member then. Have you managed to come back without the visa, just by proving that you're the family member of the european?

Thanks a lot for everybody's support. I already decided that I'm going to come back without a visa and want to make sure that it will be ok.

Thanks,
elena

[SunBlue]

Hi Elena,

I had an expired passport with valid visa in my pocket. I didn't show in the first place to check in desk as I thought that they didn't need to see my residence permit before.

If you are coming back without a visa, just please make sure you have printed the Home Office page regarding the EU rights, etc. So if someone from the airline says anything you can prove that you can come back!

Also if they insist in note letting you board, treaten to sue them as you have the right to come back anytime!

[eborras]

Hello! I just wanted to let people know that I managed to re enter the UK without the family permit, but with the Home Office letter. I found it very helpful that people came back to the forum to let everyone know what had happened, as reading people experiences gave me the courage to actually leave the country and come back without the family permit (I did go to the British consulate in Mexico, but they said I wouldn’t have the family permit on time and I decided not to apply for it). As someone else had mentioned, I just got my passport stamped for two months. The immigration officer told me to sort my situation before the two months expired, but it is not me who has to sort it out, I have already been waiting for almost 8 months! It's just ridiculous.

Anyway, thanks to everyone for the advice and hope this helps to other people.
elena