Dear all,
Although my EEA2 application saga does not have a happy ending yet, I thought it may be useful to share my experience with you. I would be interested in you thoughts, especially on the feedback I got from my MP.
My timeline is very similar to previous posts, so I will not repeat it here. In summary, the day after the six months anniversary of my EEA2 application, I took the following action:
1. Emailed a complaint to
NWCSU@homeoffice.gsi.gov.uk
2. Opened a case with SOLVIT
3. Emailed my MP
On the very same day, I received confirmation of receipt from SOLVIT and from my MP with requests for further information from both. A week after my initial email, after still not having received any confirmation from the HO, I posted a hard copy of my complaint to the HO with special delivery. This was earlier this week, but I have not received anything back from them.
A week and a day after first contacting SOLVIT, I received a further email from them in which they informed me that my case had been passed to SOLVIT UK. They also noted that based on their experience, the delay in processing my EEA2 application is likely to be a result of the HO being understaffed, but that they will follow up my case and inform me of any developments. (In fact, I was just interrupted by a phone call from them requesting a copy of my Certificate of Application.)
Later the same day (1 week and 1 day after my email to him) I received a rather disturbing message from my MP. After having taken up my case with the HO, they informed him that I am currently not eligible to work in the UK. Their argument is that because I did not include both my and my wife's (EEA national) original passports in my application I am now not allowed to work. Like many posters on this forum, I submitted certified copies of our passports and noted in a cover letter that I will submit the originals as soon as they are required; it would have been completely impossible to function in the UK for the past six-and-a-half months without valid ID.
My MP also mentioned that the HO claims to have requested our passports in writing and that I had not responded. Absolutely untrue; at the time of writing this, I have received no such requests from them. Further, the HO informed my MP that they write to all EEA2 family members who are eligible to work in the UK. Aren't we all? In my case, apart from my Certificate of Application, on which no mention is made of employment rights, I have certainly not received any confirmation of any of my rights whatsoever.
Immediately after receiving this email I phoned SOLVIT in Brussels where I was fortunate to speak to a very competent person. She confirmed that, since I am married to an EEA national who is exercising her right to work in the UK, it is highly unlikely (that is, close to impossible) that I do not have the right to work.
In any event, following the suggestion of my MP to immediately submit our passports to the HO, I did so earlier today. I have no idea whether I stand any chance of having this resolved soon, but I will keep you posted.
