HomeOfice have got new updates on EEA1/EEA2/EEA3/EEA4 Appl

[Eric-Poole]

In view of the new rules, the only way to guarantee timely processing is to go in Person to Croydon for same day processing. Therefore,I am seriously considering to recall my file, which has been sitting in Liverpool for 8 months now and apply in person in Croydon.

Will the same day application be free too? or will HO use this as yet another way of charging money from people ?

Cheers. Eric


______________________
Act on EEA residency application delays by signing the petition:
http://petitions.number10.gov.uk/EEA4-Residency/

[keshgrover]

In view of the new rules, the only way to guarantee timely processing is to go in Person to Croydon for same day processing. Therefore,I am seriously considering to recall my file, which has been sitting in Liverpool for 8 months now and apply in person in Croydon.

Will the same day application be free too? or will HO use this as yet another way of charging money from people ?

Cheers. Eric


______________________
Act on EEA residency application delays by signing the petition:
http://petitions.number10.gov.uk/EEA4-Residency/

Same day service at Croydon office is restricted to certain EEA applications only. HO have not given any clear picture in regards to EEA applications being dealt on same day basis.

[vinny]

See also EEA applications ... new procedures from 01.06.09

[Chirurgie]

sigh, I sent in my + spouse's original passports back when I applied in June 2008. So in couple of weeks' time, it will be 1 year since I applied. I never even realised we did not have to send original passport till it was required. My passport was not much good to me anyway as the 5-year EU spouse permit had expired and since I could only apply within a month of it expiring, I do not see much point of holding on to my passport. More of the hassle is to my spouse whom is now also restricted in her travelling.

Anyhow, I treat ANY NEWS as good news in that they are 'working on it'. Does this mean December 2009 is the LATEST I will get passport back by?

[Directive/2004/38/EC]

Chirurgie

Why not simply request the passports back?

And more importantly, why is it taking them a year? Have you sent them a letter (by Special Delivery) pointing out that they must process the application within 6 months?

I am amazed. I would never put up with that!

[keshgrover]

Chirurgie

Why not simply request the passports back?

And more importantly, why is it taking them a year? Have you sent them a letter (by Special Delivery) pointing out that they must process the application within 6 months?

I am amazed. I would never put up with that!

I am agree with you directive. I think he needs to send complaint to his MP and HO on same time. A paper complaint with special delivery does much better then e-mails. (As per my experience) It has taken him well long. 10 months is very disappointing.

[sierrammike]

10 months have elapsed since i have applied. sent numerous complaints via letters, email and fax. received a letter from HO asking for evidence of living in the UK for 5 years, financial dependance on the EEA sponsor and evidence of being a member of the eea sponsors household.

any sugestions on what evidence to provide for the last two?

[Ben]

10 months have elapsed since i have applied. sent numerous complaints via letters, email and fax. received a letter from HO asking for evidence of living in the UK for 5 years, financial dependance on the EEA sponsor and evidence of being a member of the eea sponsors household.

any sugestions on what evidence to provide for the last two?

What's your relationship with the EEA national?

[DFDS.]

[quote="sierrammike"]10 months have elapsed since i have applied. sent numerous complaints via letters, email and fax. received a letter from HO asking for evidence of living in the UK for 5 years, financial dependance on the EEA sponsor and evidence of being a member of the eea sponsors household.

any sugestions on what evidence to provide for the last two?[/quote

[DFDS.]

10 months have elapsed since i have applied. sent numerous complaints via letters, email and fax. received a letter from HO asking for evidence of living in the UK for 5 years, financial dependance on the EEA sponsor and evidence of being a member of the eea sponsors household.

any sugestions on what evidence to provide for the last two?

[DFDS.]

10 months have elapsed since i have applied. sent numerous complaints via letters, email and fax. received a letter from HO asking for evidence of living in the UK for 5 years, financial dependance on the EEA sponsor and evidence of being a member of the eea sponsors household.

any sugestions on what evidence to provide for the last two?

Can you let members know what you provided for supporting Docs. with your application, whether you applied as OFM or family member! From there member will be in position to advise given previous experience.

[DFDS.]

10 months have elapsed since i have applied. sent numerous complaints via letters, email and fax. received a letter from HO asking for evidence of living in the UK for 5 years, financial dependance on the EEA sponsor and evidence of being a member of the eea sponsors household.

any sugestions on what evidence to provide for the last two?

Can you let members know what you provided for supporting Docs. with your application, whether you applied as OFM or family member! From there members would be in position to advise you depending on there previous experience & your circumstance.

[sierrammike]

Apologies for the incomplete info.

I have applied using EEA4, as a dependant(son) of a EEA national and i will provide my P-60 (4years), letter from the college i attend(2 years), latest bank statements (current, saving etc). HO also has my passports(1 expired & 1 current) with previous residence permits, stamp of initial entry clearance.

despite being a dependant, at one point(4 years) i did earn more than my eea4 sponsor and therefore was not exactly financially dependant. therefore i was a bit concerned when the letter asked for proof of financial dependency.

as mentioned previously, i have no clue as what to submit regarding evidence for being a member of the household. my passports do have my fathers name and the residence permit stamps also state that he is my sponsor.

appreciate your opinions/advice on this. thanks.

[Ben]

Apologies for the incomplete info.

I have applied using EEA4, as a dependant(son) of a EEA national and i will provide my P-60 (4years), letter from the college i attend(2 years), latest bank statements (current, saving etc). HO also has my passports(1 expired & 1 current) with previous residence permits, stamp of initial entry clearance.

despite being a dependant, at one point(4 years) i did earn more than my eea4 sponsor and therefore was not exactly financially dependant. therefore i was a bit concerned when the letter asked for proof of financial dependency.

as mentioned previously, i have no clue as what to submit regarding evidence for being a member of the household. my passports do have my fathers name and the residence permit stamps also state that he is my sponsor.

appreciate your opinions/advice on this. thanks.

You are the son of the EEA national.

Are you currently a member of the EEA national's household now (in the UK)?

Were you a member of the EEA national's household in the country from which you both have come?

[sierrammike]

thanks for you response.

i was a member of the EEA sponsor'shousehold prior to living in the UK and that was the reason i was granted the EEA4 family permit.

In the UK, i have lived with my father for 4 years and then had to move away to pursue higher studies (also in the UK). Now, i don't know what to provide as evidence in order to prove that i am a member of the eea sponsor's household in the UK. In 2007, when i applied to renew/extend the residence permit i was not asked to prove that i was the member of the EEA sponsor's household.

[Ben]

Then it is not a requirement that you are dependant on the EEA national.

You are a family member described in Article 3(2)(a) of Directive 2004/38/EC:

2. Without prejudice to any right to free movement and residence the persons concerned may have
in their own right, the host Member State shall, in accordance with its national legislation, facilitate
entry and residence for the following persons:
(a) any other family members, irrespective of their nationality, not falling under the definition in
point 2 of Article 2 who, in the country from which they have come, are dependants or
members of the household of the Union citizen having the primary right of residence, or
where serious health grounds strictly require the personal care of the family member by the
Union citizen;

Let's zoom in..

are dependants or members of the household

In any case, my understanding is that EEA4 applications should be accompanied by proof of 5 years residence - and that's all. After all, it's already been acknowledged that you are a person with a right of residence, since your EEA2 application was approved. The only difference between the right of residence and the right of permanent residence is that the latter is acquired after 5 years of exercising the former.

I'm not 100% on that though, must get that confirmed.

[sierrammike]

Thanks for the reply,

well, i sent whatever documents i had, to prove 6 years of residence. But ,now they want to know if i resided with my father for the whole of 6 years. Even after providing them detailed original documents that i resided with my father for the 3 years and then had to move away for higher studies(in the Uk) i have been asked to provide this evidence(.i.e. residing with my father for whole of 6 years)

All this evidence was not asked when i applied for my residence permit extension. Maybe, their rules have changed, but i am sure they can cross reference the address on my payslips/bank statements to the ones sent by my father as well.

This is turning out to be a very very frustrating experience. and makes me ponder if me complaining about the delay caused in processing my application has got anything to do with this constant requests for more evidence.

[DFDS.]

Thanks for the reply,

well, i sent whatever documents i had, to prove 6 years of residence. But ,now they want to know if i resided with my father for the whole of 6 years. Even after providing them detailed original documents that i resided with my father for the 3 years and then had to move away for higher studies(in the Uk) i have been asked to provide this evidence(.i.e. residing with my father for whole of 6 years)

All this evidence was not asked when i applied for my residence permit extension. Maybe, their rules have changed, but i am sure they can cross reference the address on my payslips/bank statements to the ones sent by my father as well.

This is turning out to be a very very frustrating experience. and makes me ponder if me complaining about the delay caused in processing my application has got anything to do with this constant requests for more evidence.

Am so sorry for you, this means there is alot for us yet to learn about HO. Don't you think its wise you approach a solicitor specialing in EEA applications? Are you based in the UK, as you mention moving a way for higher studies in the UK!

[sierrammike]

I will be moving to my final year of degree in (in the uk) september 2009. i shall see what they reply to my latest letter and the decide future course of action.

[DFDS.]

I will be moving to my final year of degree in (in the uk) september 2009. i shall see what they reply to my latest letter and the decide future course of action.

Seirrammike you haven't answered my question am sorry, am trying to find out which EU state is handling your EEA application.In the earlier post you are talking of having moved for your higher studies in the UK, after leaving with your father for 3 yrs. is your application being handled in a different state other than UK?

[sierrammike]

apologies for the confusion.
application is being processed in the UK.
I am living in the UK, and have done so for the last 6 years along with my father who is an EEA national.

[DFDS.]

Am afraid, but HO could be right in requesting for proof of 5yrs residency with your father, in accordance with the EEA regulations!

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary. 6.2 explains how to qualify for a document satisfying permanent residency or permanent residency card. They expect you to submit evidence confirming your residency for the past 5yrs. in accordance with the 2006 Regulations. I'll assume that under these regulations, you are the family member of an EEA qualified person.
Eg, dependant, member of house hold etc.

[sierrammike]

I am sure they are right, but such proof was not asked while renewing the residence permit. would they not need such proof at time of deciding on renewal of a residence permit.

Also, i have already sent all the documents needed to prove 6 years of residency in the UK. And, to make things clear i made a matrix with dates, locations etc clearly highlighting when i lived with my father and when i did not, and if i did not the reasons for the same. FYI the reason was that my University was almost 80 miles away from my fathers residence.

But i have been requested again to provide evidence of living WITH my father and being financially dependant on him. To an extent i am not totally financially dependent on my father as i did work for a few years, as allowed by law. So, what is the purpose of requesting proof of financially dependency when a Non-EEA dependant is given a right to work. would appreciate your thoughts/opinions on this aspect.

[DFDS.]

I am sure they are right, but such proof was not asked while renewing the residence permit. would they not need such proof at time of deciding on renewal of a residence permit.

Also, i have already sent all the documents needed to prove 6 years of residency in the UK. And, to make things clear i made a matrix with dates, locations etc clearly highlighting when i lived with my father and when i did not, and if i did not the reasons for the same. FYI the reason was that my University was almost 80 miles away from my fathers residence.

But i have been requested again to provide evidence of living WITH my father and being financially dependant on him. To an extent i am not totally financially dependent on my father as i did work for a few years, as allowed by law. So, what is the purpose of requesting proof of financially dependency when a Non-EEA dependant is given a right to work. would appreciate your thoughts/opinions on this aspect.

Sierammike, you weren't issued a residence card because you were a student, right! the residence card was issued in accordance to EEA 2006 Regulations, where you had to prove that you were the family member of your EEA father exercising treaty rights in the UK. I doubt that you can go for EEA4 on other grounds ( student ) other than proving your 5 yrs residency as a family member. This is far different from retaining residency rights. The fact is, you must be residing in accordance with the 2006 Regulations.i.e( dependency, member of household and spouse). So what you are required is the proof of 5yrs as one of the above! Your rights are derived from your EEA father's exercise of treaty rights, not your studies.
http://bia.homeoffice.gov.uk/siteconten ... iew=Binary. Study that link very carefuly, then you will understant it.

[Bego]

Hi Keshover,

Where did you find out these information?

"Yes Directive, Now they need passport at first place and seems like it they will take copies and authenticate them and will send the originals back."

Does the applicant to ask for the passports back in their application?...how does it work?

Bye & Txs