EEA2 Delays

[H&J]

Hello,

Story:
I'm Germany and moved about 2 years ago to England. I meet a lovely man from Peru and we got married in May 2009 in Germany. Also we aplied for the EEA2 Family permit in May and we are waiting now nearly 7 month.

As we applied I was employed in UK but during the last 6 Month there was some change and I live still in UK but work for a company in Germany. In October we got a letter and the Home office ask for my last payslips and at the beginning of November we received a phone call and they ask me how it comes that I have a german payslip. I explained the situation that I work through the Internet but live in UK. Anyway the request my german contract and they have this one since Mid November.

We both thought that the whole situation would be sorted until xmas and it is so frustrating that we can't spend xmas with my family as planed.

The last two weeks we called the home office and we always get the same answwers, that it is in progress and we can ask to get back the passports but it makes no sence to get them back without any Visa.

Well we are reading often that there is a law that the home office need to sort this out between 6 month but we can't find this law online. Does anyone know where we can find this law and is there anyone outside and has the same problems?

We contacted solvit they sent an email saying that we should contact our MEP... that was not helpful ... that's well known, then we sent faxes to the HO but nothing...

Thanks

[WellingtonKiwi]

Hi there, the six month requirement is set out in The Immigration (European Economic Area) Regulations 2006, which you can see here:
http://www.opsi.gov.uk/si/si2006/20061003.htm#1

This is the relevant section:
(3) On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card and the residence card shall be issued no later than six months after the date on which the application and documents are received.

Why don’t you write to your local MP pointing this out and asking them to raise the matter with the Home Office. At the same time write to HO advising that you’ve complained to your MP, and try Solvit again.

If you want o travel you could get an EEA Family Permit which are usually issued quite quickly but you have to apply for it from outside of the UK. This will give you 6 months multiple entry to the UK and will tide you over while your EEA2 is still under consideration....

[H&J]

Dear WillingtonKiwi,

Thanks for the Link and also for the explanation.

We have send again a letter to the home office that it is frustrating not to get any answer and that we will contact our MP in the new year and also that I have some friends who works at the press and would love to public this story. Today we called again and it is always the same the case is in progress bla bla bla

My husband has the EEA Family permit but you not getting a Schengen Visa with this as we ask in the german embessy.

Well this means we will keep waiting and in the meantime I will enjoy the christmas with my husband in UK

Kind regards,

[datuchi]

Why is everyone quiet? Dear Willy, you DON'T need anything apart from your and your Peruvian husband's passport together with the marriage certificate and a copy of the Directive 2004/38 with you to travel ANYWHERE in the EU TOGETHER!!!

Go to Germany, you DON'T need a Schengen Visa... this is my Christmas gift to you!!!

Hope you read it on time.

Dear WillingtonKiwi,

Thanks for the Link and also for the explanation.

We have send again a letter to the home office that it is frustrating not to get any answer and that we will contact our MP in the new year and also that I have some friends who works at the press and would love to public this story. Today we called again and it is always the same the case is in progress bla bla bla

My husband has the EEA Family permit but you not getting a Schengen Visa with this as we ask in the german embessy.

Well this means we will keep waiting and in the meantime I will enjoy the christmas with my husband in UK

Kind regards,

[johnsienk]

<original post deleted>

[H&J]

Dear Datuchi and Johnsink,

Thanks for the reply and as the flight tickets got so much expensive for the last minute we my husband and I decide to stay christmas and NYE in UK. But now we have the problem due to my job I need to travel more and special to Germany and I can't take my husband with me.

We are aware about this law, but I have spoken to my dad as he is an higher police officer in Germany and he explained us that our chance would be not so hight that we can enter Germany and the next problem is Germany as we have spoken to several people and they said before they read the laws etc. they will send back him to Peru and start than with the questions.

It is so redicules, we are waiting now more than 7 month. We have written already 2 Faxes, 1 Letter to the HO and the next will be a complaint to Manchester and to our MP. We will do this the next Monday and hopefully we will get an answer soon.

Take care,

[WellingtonKiwi]

>>Why don’t you write to your local MP pointing this out and asking them to raise the matter with the Home Office.

Sorry, why are so many people advising writing letters to MPs or complaints to HO (shredder feed, in effect). Is there REALLY no scope for legal action?

If there is one, surely the judge would rule reimbursement of legal expenses. Wouldn't that be more effective?

I have worked for various government departments for 7 years. The reason I recommend pepole to write letters is because there is a statutory duty for MPs and government departments to respond. You're right, sometimes people will get brush-off responses, but when I have worked in positions responding to formal public enquiries / complaints I have been able to help some people. Likewise from the other side, I have (at times) had a great response from writing a formal letter, so I think in these situations there's no harm in trying.

[H&J]

Dear WellingtonKiwi,

Thanks for your reply. Well last week we have send a fax to the HO and we were calling them several times. I called them on Friday and ask if they received the faxes and they confirmed that they received the letter which we send in December, before xmas and as it takes weeks to scan the fax they couldn't confirm the faxes.

I said how is this possible that a letter is quicker than a fax today. Well the answer was that a fax need to get scanned and they get a lot. Anyway I got so upset that I said "f*** you" normally I am always calm, anyway I was so upset.

Anyway my husband called them in the afternoon too at least 5 times and were yelling at them and really angry. In the end they said our case is in the final consideration. What does this means? Did they said this to calm us down?

This week we also contacted the MEP and they send us an email back yesterday with the answer they will contact the HO. Hope this helps!

Furthermore my dad contacted the Solvit from Germany and we got a phone number and address in UK. If we don't have any progress in the next week we will go further the week after. We have enough, it is almost 8 month and they broke the law. Lets see what happen next week!

Take care,

H&J

>>Why don’t you write to your local MP pointing this out and asking them to raise the matter with the Home Office.

Sorry, why are so many people advising writing letters to MPs or complaints to HO (shredder feed, in effect). Is there REALLY no scope for legal action?

If there is one, surely the judge would rule reimbursement of legal expenses. Wouldn't that be more effective?

I have worked for various government departments for 7 years. The reason I recommend pepole to write letters is because there is a statutory duty for MPs and government departments to respond. You're right, sometimes people will get brush-off responses, but when I have worked in positions responding to formal public enquiries / complaints I have been able to help some people. Likewise from the other side, I have (at times) had a great response from writing a formal letter, so I think in these situations there's no harm in trying.