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EEA-2-6 MTHS OVER-HOW CAN I REACH TO HO TO MAKE COMPLAINTS?

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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed Jul 08, 2009 6:40 am

Reread it very carefully. That is true for some applications, but it is not true to applications for a Residence Card under the EU rules.

http://www.ukba.homeoffice.gov.uk/eucit ... plication/
How to ask us to return your passport

If you have submitted your passport in support of your application under European law, we generally advise that you should not make any travel plans.

However, there may be occasions when you need to travel before your application has been decided and will need to request your passport back.

We will try to return your travel documents within 10 working days of you making us aware of your travel plans.

If you need to request your documents for emergency travel (because you will be travelling within the next 10 days), you must contact the UK Border Agency helpline on 0845 010 5200 and speak to a member of staff about your request. You must provide details of when you need to travel. This will help to make sure that we can deal with your request and return your documents to you as soon as possible.

Please note that we do not routinely accept emergency requests and you will need to provide proof of your need to travel.

If your expected date of travel is more than 10 days in the future, you must email your request to LiverpoolEuro.PassportReturns@UKBA.gsi.gov.uk. Please provide details of your travel plans and your Home Office reference if possible. This dedicated email address has been set up specially for non-urgent returns of passports. It is strictly monitored, and only non-urgent requests for passport returns should be sent to it - any other requests, including urgent requests and general queries about the progress of your application, will automatically be deleted and will not be progressed. Please do not submit your email request more than once.

Please note that requesting the return of your passport will not lead to the quick consideration of your application.

Go and travel if you want! (Though UK in the summer is very nice)

Chirurgie
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Post by Chirurgie » Wed Jul 08, 2009 2:21 pm

Directive/2004/38/EC wrote:Reread it very carefully. That is true for some applications, but it is not true to applications for a Residence Card under the EU rules.

http://www.ukba.homeoffice.gov.uk/eucit ... plication/
How to ask us to return your passport

If you have submitted your passport in support of your application under European law, we generally advise that you should not make any travel plans.

However, there may be occasions when you need to travel before your application has been decided and will need to request your passport back.

We will try to return your travel documents within 10 working days of you making us aware of your travel plans.

If you need to request your documents for emergency travel (because you will be travelling within the next 10 days), you must contact the UK Border Agency helpline on 0845 010 5200 and speak to a member of staff about your request. You must provide details of when you need to travel. This will help to make sure that we can deal with your request and return your documents to you as soon as possible.

Please note that we do not routinely accept emergency requests and you will need to provide proof of your need to travel.

If your expected date of travel is more than 10 days in the future, you must email your request to LiverpoolEuro.PassportReturns@UKBA.gsi.gov.uk. Please provide details of your travel plans and your Home Office reference if possible. This dedicated email address has been set up specially for non-urgent returns of passports. It is strictly monitored, and only non-urgent requests for passport returns should be sent to it - any other requests, including urgent requests and general queries about the progress of your application, will automatically be deleted and will not be progressed. Please do not submit your email request more than once.

Please note that requesting the return of your passport will not lead to the quick consideration of your application.

Go and travel if you want! (Though UK in the summer is very nice)
But how will I be allowed back into the country since the original 5-year spouse of EEA permit stamped in passport has expired in July 2008. Will UKBA provide me a letter stating I am allowed same status while application is pending?

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Wed Jul 08, 2009 2:27 pm

What citizenship do you have?

Chirurgie
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Post by Chirurgie » Wed Jul 08, 2009 2:37 pm

Directive/2004/38/EC wrote:What citizenship do you have?
I have a Malaysian citizenship and would normally require a visa to work here. My wife is an Irish national.

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Post by Directive/2004/38/EC » Wed Jul 08, 2009 2:41 pm

Correct me if I am wrong, but Malaysian citizens do not need a visa to enter the UK. http://www.ukvisas.gov.uk/en/doineedvis ... vnationals

Chirurgie
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Post by Chirurgie » Wed Jul 08, 2009 3:17 pm

Directive/2004/38/EC wrote:Correct me if I am wrong, but Malaysian citizens do not need a visa to enter the UK. http://www.ukvisas.gov.uk/en/doineedvis ... vnationals
No, I do not need a visa to 'visit UK' but if asked if I am working, I would have to lie and 'pretend' to be a tourist in order to do so. My old passport will also have an expired permit so all sorts of complications could arise.

86ti
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Post by 86ti » Wed Jul 08, 2009 3:36 pm

Chirurgie wrote:No, I do not need a visa to 'visit UK' but if asked if I am working, I would have to lie and 'pretend' to be a tourist in order to do so. My old passport will also have an expired permit so all sorts of complications could arise.
Why on earth would you have to lie? Plum70 has already given you the advice you need in this thread two months ago. Explain to the IO your situation and present the suggested documentary evidence. You worry to much.

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Post by Directive/2004/38/EC » Wed Jul 08, 2009 3:48 pm

I would not suggest you lie at all. In fact it is important to be very straight forward. I was only worried about you getting on the airplane before departure. And with a Malaysian passport you should not have troubles.

You should carry your old passport and your new shiny valid passport. Which one does the HO have by the way??? I would suggest you also carry a photocopy of your spouse's EU passport and of your marriage certificate.

Will your wife be travelling with you or will she be in the UK? Is she working?

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Post by margareta » Thu Jul 09, 2009 1:03 am

hi guys,

my husband needs to travel back to India (I'm Polish) and is considering requesting his passport back after 8 months. He needs to apply for a FP from India (?) , but only has 3 weeks of holiday there. What if it takes longer? Will he be allowed to board the plane? once in England he can easily prove his status, but will he get on the plane??

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Post by Directive/2004/38/EC » Thu Jul 09, 2009 8:35 am

margareta wrote:my husband needs to travel back to India (I'm Polish) and is considering requesting his passport back after 8 months.
They should have issued the Residence Card within 6 months. That is the MAXIMUM time they can take.

You should contact your MP immediately. http://findyourmp.parliament.uk/

You should also immediately contact Solvit for their assistance. http://eumovement.wordpress.com/help-eu-solvit/

Note that they are legally liable if they break the law. In this case, make sure you keep track of any time lost from work, or travel expenses associated with them not issuing the Residence Card on time. Then write the Home Office a Special Delivery letter (for the return receipt) and ask for full compensation. You can sue them if they do not pay your reasonable costs.

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Post by margareta » Thu Jul 09, 2009 11:22 am

I have contacted my MP, have sent an e-mail and written complain to the HO and now I am checking Solvit, thanks ;)

But - if he requests his passport now, fails to get a FP from India - it is most probable that he will not be able to come back to the UK, right?

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Post by margareta » Thu Jul 09, 2009 11:28 am

checked Solvit - I should make a complain on my name as I assume? While filling the online form you can choose only from european countries of origin.

any advise on contacting Solvit?

thanks a lot

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Post by Directive/2004/38/EC » Thu Jul 09, 2009 11:29 am

Are you working in the UK?

If so, he has a legal right to be in the UK. Pretty much the same right to be here as you do, althrough his right is also conditional on you being (in general) resident here.

He can only be refused entry into the UK if it is a marriage of convience (they have to prove that), he is a threat to national security, he is a substantial public policy threat, or he has very bad WHO listed diseases. The last three apply also to you.

If he goes to India, he should carry a copy of your passport information page or ID card, and a copy of your marriage certificate. In fact it is a good thing to always travel with, tucked away. It should almost never need to be produced, but can be helpful if anyone gets stroppy.

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Post by margareta » Thu Jul 09, 2009 11:34 am

Yes, we are both working in the UK. We have been married for nearly two years, since November 2007. He got his Residence Card first time after eleven months in October 2008. Than one got destroyed unfortunately and we had to send it back again in December 2008. COA arrived on the 21st of January and since then we are waiting.

He will have all the documents with him, it's not a problem, but someone on this forum told me that he will not be allowed to board the plane in India...

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Post by Directive/2004/38/EC » Thu Jul 09, 2009 11:38 am

That is why they need to hurry up and issue the Residence Card or will need to issue an EEA Family Permit in India.

If they can not issue the Residence Card before he leaves, you should insist that they set up priority appointment with same-day turnaround on his EEA Family Permit application in India. Remember that they have overstepped the maxiumum time of 6 months to issue the Residence Card. Point that out to them (and your MP) repeatedly.

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Post by Directive/2004/38/EC » Thu Jul 09, 2009 11:40 am

margareta wrote:checked Solvit - I should make a complain on my name as I assume? While filling the online form you can choose only from european countries of origin.

any advise on contacting Solvit?

thanks a lot
You need to do it on the EU citizen's home country.

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Post by margareta » Thu Jul 09, 2009 11:42 am

I will call Home Office again then and tell them off ;)

Thanks, you have been very helpful.

I am waiting for my MP's reply and Home Office reaction to my complaint.

He needs to travel in August. It's still a month, but when I called the Home Office last week regarding a process of the application they said it's 'in a queue for consideration'.... after 7 months

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Post by Directive/2004/38/EC » Thu Jul 09, 2009 11:46 am

You can also complain to your MEP!

No problem. Glad to help. I was thinking of suggesting you add to your letter "I politely request that you get off your butts and process this quickly as you are legally required to do - no more tea breaks!"

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Post by margareta » Thu Jul 09, 2009 11:59 am

If what I have done so far doesn't bring any results fast I will take it higher! I am so pissed with them Home Office people who think they are above the law...

Can you tell me how effective complaints are and after getting a response from home office/MP/MEP/Solvit how much longer it may take to get the documents back? I suppose it depends on individuals/luck etc, but maybe you know from experience?

THANK YOU SO MUCH!

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Post by Directive/2004/38/EC » Thu Jul 09, 2009 1:19 pm

Once you start lighting up their telephone, it appears the Home Office responds more quickly. Going multiple routes appears to be the best option. My pet theory is at some point it is easier for them to do what they are legally obliged to do rather than face answering yet more questions from an MP's assistant...

I suspect that a letter politely threatening legal action if the Residence Card is not immediately issued (and pointing out that they are PAST the 6 month maximum processing time) may be worth doing. Send it by special delivery to the Home Office address that processes Residence Cards or to the complains address, and of course keep a copy.

No need to thank me, but maybe consider getting involved as you learn more. I was pissed off at the Irish embassy being slow, stupid and arrogant at one point, and that is how I got started. Until they get better, and loose their attitude, I will continue to spread the understanding that I have slowly developed.

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Post by margareta » Thu Jul 09, 2009 10:51 pm

You are right about me getting involved. I have read a lot lately about rules and laws. I'm just thinking that the first time when Home Office took 11 months we did nothing... Now it's time to get moving.

As weekend is coming I don't expect to hear anything from MP or HO until next week... I have some hope now :)

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