EEA2 - Waiting for more than 1 year!!

Ale13 · Post by **Ale13** » Mon Feb 02, 2009 6:09 pm

Hi,

I have just discovered this forum and I'm quite relieved to see that many other people are having problems with the Home Office regarding their EEA2 applications...

To make my story short... I am a non-EEA national married to an EEA-national and I have been living in Scotland since 2003. My first family permit expired last March so I sent my EEA2 application at the end of January 2008. I didn't hear anything until July (around 6 months after I applied) when I received a letter requesting more information - payslips etc as proof that my sponsor 'wife' is exercising treaty rights in the UK. I sent all the required information and have since heard nothing!

I called the Home Office many times and always got the same answer that my application is waiting to be considered. I sent a letter of complaint to my regional office in November and received no response!

I have recently moved address but was advised by an Immigration Advice Centre not to change this with the home office in case it delays the application even more.

Does anyone have any advice on what I can do from here? Would it delay the application to change the address?

I feel completely stuck right now... I'd appreciate any advice at all!

Thanks!

Plum70 · Post by **Plum70** » Mon Feb 02, 2009 6:19 pm

I am a non-EEA national married to an EEA-national and I have been living in Scotland since 2003

.
When did you and your EU spouse get married and begin living in the UK? If in March 2003 then you MAY be eligible for permanent residency already. What is your EU spouse's nationality?

My first family permit expired last March so I sent my EEA2 application at the end of January 2008. I didn't hear anything until July (around 6 months after I applied) when I received a letter requesting more information - payslips etc as proof that my sponsor 'wife' is exercising treaty rights in the UK. I sent all the required information and have since heard nothing!

I called the Home Office many times and always got the same answer that my application is waiting to be considered. I sent a letter of complaint to my regional office in November and received no response!

I have recently moved address but was advised by an Immigration Advice Centre not to change this with the home office in case it delays the application even more.

Does anyone have any advice on what I can do from here? Would it delay the application to change the address?

I feel completely stuck right now... I'd appreciate any advice at all!

The processing delays have continued to increase since January 2008 thereabouts. If you haven't contacted the SOLVIT branch of your spouse's country then I suggest you do so. You may also want to get your local MP to intervene.

Ale13 · Post by **Ale13** » Mon Feb 02, 2009 6:37 pm

Thanks for the quick response...

My wife is dutch. Unfortunately in 2006 we went away for a bit more than a year for her studies and so I was told I could not apply for the Settlement visa as I had not been living here for 5 "consecutive" years.

I haven't yet contacted SOLVIT as I have just heard of them today while I have been looking into this. Would it definitely be the Dutch branch that I would have to contact?

Thanks alot!

Plum70 · Post by **Plum70** » Tue Feb 03, 2009 1:31 am

My wife is dutch. Unfortunately in 2006 we went away for a bit more than a year for her studies and so I was told I could not apply for the Settlement visa as I had not been living here for 5 "consecutive" years.

Pity... When did you both return to the UK and begin exercising treaty rights again? 5 years to that day when you both were physically present in the UK is when you will qualify for PR.

Would it definitely be the Dutch branch that I would have to contact?

Yes, SOLVIT Nederlands

Ale13 · Post by **Ale13** » Tue Feb 03, 2009 4:33 pm

Hi there,

thank you all very much for your help and advice, my second day since I became part of this forum because I could not wait another minute without doing anything after waiting for more than a year for an answer...
so I HAVE NEWS!!!

Last night I sent a bigggggggggg complaint e.mail, this time to the north west office - NWCSU@homeoffice.gsi.gov.uk - I remind you I sent a complaint letter to the other office Scotland and Northern Ireland Region to which I never got any answer, and today....... surprise!!! got an email back from them, which you can read below...
I can tell you all, that this e.mail put me in a better mood, but to be honest I don't know what these words mean for these people.... "will be send to you shortly"... after waiting for a year for this eea2 application,and passports.
To be honest I will be happy the day that our passports are in our hands.

After this email I think I will wait and not change the address in case it messes it up!

As you can see in the letter, very kind from them, they are not apologising at all or giving any kind of explanations for why it's taking so long.

Does anyone have any ideas as to how long it could take now after this email? Has anyone had an experience like this?

Thanks Again!

................................................

Dear Mr...................

Thank you for your email.

We can confirm that your application has now been completed and documentation will be sent to you shortly.

Kind Regards

North West Customer Service Unit

UK Border Agency

Tel:0161 261 1117

Fax:0161 261 1132

www.ukba.homeoffice.gov.uk

Pasha · Post by **Pasha** » Fri Feb 06, 2009 9:06 pm

The email sounds encouraging you should give them a ring and ask (since you application has been considered and completed) what was the outcome/decision and when can you expect your documents back...usually is should be 10 working days. Best of luck.

kampk121 · Post by **kampk121** » Sat Feb 07, 2009 2:49 am

Pasha wrote:The email sounds encouraging you should give them a ring and ask (since you application has been considered and completed) what was the outcome/decision and when can you expect your documents back...usually is should be 10 working days. Best of luck.

i am waitning already seven months for my eea2 application and still no answer! what should i do can anyone tell me plz? plz plz...

Ale13 · Post by **Ale13** » Sat Feb 07, 2009 4:00 am

did you ever got any letter asking you for more documents (pay slips,etc) ? for what I have been reading in this forum so far, the waiting time is around 8,9 to 10 months.
In my case, more than a year...
Sent a complaint letter....
good luck!

Ale13 · Post by **Ale13** » Sat Feb 07, 2009 4:13 am

to kampk121,,,
hi,here again....send an email of complaint to northwest, liverpool, NWCSU@homeoffice.gsi.gov.uk.

Rozen · Post by **Rozen** » Sat Feb 07, 2009 4:06 pm

kampk121 wrote:
Pasha wrote:The email sounds encouraging you should give them a ring and ask (since you application has been considered and completed) what was the outcome/decision and when can you expect your documents back...usually is should be 10 working days. Best of luck.
i am waitning already seven months for my eea2 application and still no answer! what should i do can anyone tell me plz? plz plz...

Also send a complaint email to your partner's country SOLVIT branch on ec.europa.eu/solvit. They are usually quite helpful. Good Luck!

edro · Post by **edro** » Sun Feb 22, 2009 11:41 pm

hi ale
have you recieved your recident card?
regards

Ale13 · Post by **Ale13** » Mon Feb 23, 2009 12:16 am

Hey everybody,

No I am still waiting for it, a year and one month, and over 2 weeks since I got that e.mail from home office.

I sent another e.mail, two days ago,with their email and my complaint, asking if they have sent anything yet but haven't received a reply! I also tried to call them but there was a message on the phone saying that they are not taking calls and to contact them by post, email or fax...

Amazing these guys!! I don't know what to do any more....
will keep trying to call them this week...
any ideas?

Plum70 · Post by **Plum70** » Mon Feb 23, 2009 3:45 pm

No I am still waiting for it, a year and one month, and over 2 weeks since I got that e.mail from home office.

Contacted SOLVIT yet?

edro · Post by **edro** » Mon Feb 23, 2009 4:56 pm

hi
i think the best way is to ask your area's MP to contact them

kampk121 · Post by **kampk121** » Mon Feb 23, 2009 5:05 pm

[quote="Ale13"]to kampk121,,,
Hi Ale, how u doing mate? I took ur advice and emailed them yesterday to the NWCSU@homeoffice.gsi.gov.uk, they replied me today saying exactally the following;
Dear Mr,

Thank you for your email.

Your complaint has been passed to the relevant casework department for action. They will contact you directly.

Kind regards,

North West Customer Service Unit

UK Border Agency

Tel:0161 261 1117

Fax:0161 261 1132

www.ukba.homeoffice.gov.uk.
do uave any results yet?
best of luck to all.

Ale13 · Post by **Ale13** » Mon Feb 23, 2009 9:31 pm

Hi everybody,
thanks for keeping in touch and more than welcome your ideas

I thought after their e.mail I got 2 weeks ago, that you can read up in this subject, we were gonna have our passports "shortly" as they said,and as they said on the same e.mail that my application was completed.
But I guess will have to contact more people, solvit, or MP.
oh well!!
AMAZING!!! for a moment I was happy 2 weeks ago...
Hopefully they will contact you soon, as they said in the email to you.
but I will suggest you also contact your MP and Solvit...
I know it is a real pain, but I guess they are the options we have now...
keep me updated please...
all the best!!!

edro · Post by **edro** » Thu Feb 26, 2009 11:29 am

hi
i remember we called the ho about my wife's application after 7 monthes,they confirmed it was processed ,in 16 dayes we recieved all the documents back, which means in your case it's time to start complaining
regards

JClark · Post by **JClark** » Thu Feb 26, 2009 12:40 pm

One option you could take is to speak to an immigration lawyer, given the late stage of the game they will probably only need to send a fax / make a call so it might not cost you too much..

I did it with mine (FLRM not EEA) and within 10 days of getting the lawyer to make contact with the home office I had my passport and visa..

Just a thought if you dont mind spending the cash..

Good luck.

Ale13 · Post by **Ale13** » Mon Mar 30, 2009 8:20 pm

Hello everyone,

Maybe some of you thought that I haven't written for a while because I have received my passport back... well unfortunately that is not the case!!

To make review of the situation to all of you and if anyone is in a similar situation you can let me know.. Or maybe something can be done so that this doesn't happen again to somebody..

-January 2008 - sent both passports and our EEA2 application with all documents.

-July 2008 - received letter requesting more documents to prove wifes is exercising treaty rights

-November 2008 - Getting tired of the situation, sent 2 complaint emails, but to wrong address.

-January 2009 - found out correct email address on this forum and sent complaint email there.

- Beginning of February 2009 - received email from Home Office - NWSCU - advising that the application was completed and documentation will be sent shortly.

- End of February 2009 - Still not received anything after 3 weeks. Called Home Office, they advise me it has been sent and give me Delivery Reference number for Royal Mail. Check this online and it said that it was being Returned to Sender! I have to make very clear that we never received any sort of card, and we have never had that problem with the post man before.

Called Royal Mail and they advised they sent it back to the National Returns Centre on the 21st of January where it was waiting to be scanned and sent back to home office.

The email that the home office sent me that I mentioned before was sent on the 3rd of February advising me that documents would be sent shortly. How can something be going back to them when from what they say, it hadn't even been sent yet!

March 2009 - Many, many calls to Royal Mail and Home office without getting a right answer. In one of the Home Office calls they told me that they have received the documents back from Royal Mail and will send them back to me as soon as possible.

After another week of waiting and more calls and complaint emails, finally got a call from a case worker and she told me that our passports and all documents are lost!!!! Incredible!!!!!!!!!!!

She tried to blame Royal Mail, even thought someone had told me the week before that the Home Office had rcvd them back, and told me that I will have to get a new passport and send it to them again just to get the Residence stamp.. Won't have to send new application.. She is going to send a letter explaining the situationa and what to do next. This was last Friday and haven't received anything from her yet!

After 14 months I still don't have a residence card and now I even have a lost passport and have to arrange a trip to Lodon wheer my embassy is to get a new one! The case worker didn't even guarantee that they would pay for the costs of this! Unbelievable!!!

Any comments or thoughts on this???
Thanks for reading everybody!

Post by **Directive/2004/38/EC** » Mon Mar 30, 2009 10:11 pm

"Guarantee"?? Of course, the low level employee you spoke with could guarantee nothing.

If you play it right, they should refund you ALL expenses for the replacement passport as well as penalties for not issuing the Residence Card within 6 months (the maximum period allowed). You should keep receipts for everything you spend in getting replacement passports, as well as keep records of any opportunity costs (e.g. not working because you had not received your Residence Card yet).

Ale13 · Post by **Ale13** » Tue Apr 21, 2009 4:18 pm

Hello everybody,

Just a quick note to let you all know that I FINALLY have my passport back with another 5 years!

A few days after my last post here where I was telling you that I got a call telling me that my passport was lost, I received another call from them telling me that they don't know how but my passport had turned up! So I can say after 14 months, a lot of stress, lot of money, lot of time spent on the phone, at last for the moment it is over!!! We will see in the future what other adventures are waiting for me with them. Hopefully by the time I have to be in contact with them again they will have sorted themselves out a bit! Because this really was a joke!!

I wish everybody else good luck if you are still waiting!!! And thankyou very much to everybdy on this forum who helped me!! Will keep in touch!

Plum70 · Post by **Plum70** » Tue Apr 21, 2009 4:25 pm

Well Phew...!!!

Good on you for keeping sane through this ordeal.

My application took 8 months and I thought that was utterly unacceptable!

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EEA2 - Waiting for more than 1 year!!

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