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MSH
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Posts: 71
Joined: Mon Jun 21, 2010 8:48 pm

Problems with SOLVIT? Lodge a complaint HERE!

Post by MSH » Sat Nov 13, 2010 6:11 pm

Seeing that I'm not the only one on this forum who has seen the utter indifference and reluctance to move on serious breaches of EU law from SOLVIT, I've decided to remind everyone about THIS opportunity:

The European Ombudsman.

Anyone can lodge a complaint about misconduct on the part of SOLVIT if the incident happened less than 2 years from the time of the complaint.

Go HERE for more info (and remember, if no one reacts to incompetent institutions, incompetent institutions is all we get):

http://www.ombudsman.europa.eu/start.faces

MelC
Member
Posts: 214
Joined: Wed Aug 18, 2010 9:24 pm
Location: North Africa/EU/UK

Re: Problems with SOLVIT? Lodge a complaint HERE!

Post by MelC » Sun Nov 14, 2010 12:39 pm

MSH wrote:Seeing that I'm not the only one on this forum who has seen the utter indifference and reluctance to move on serious breaches of EU law from SOLVIT, I've decided to remind everyone about THIS opportunity:

The European Ombudsman.

Anyone can lodge a complaint about misconduct on the part of SOLVIT if the incident happened less than 2 years from the time of the complaint.

Go HERE for more info (and remember, if no one reacts to incompetent institutions, incompetent institutions is all we get):

http://www.ombudsman.europa.eu/start.faces
Which SOLVIT did you contact?
I ask, as I wonder is it a specific SOLVIT centre or SOLVIT persae?

I have to be honest and say they DID get things moving for me, but then I waded in and wreaked havoc until i got what i wanted, not prepared to wait 10 weeks etc. and certainly NOT for a reference number, I had mine witihn a week and the respective SOLVIT centres were already in contact and moving forward! but i still did a lot myself!!

but I have seen a "general feeling" where Freedom of Movement issues are flaffed with, where the law is VERY CLEAR I don't see why everyone needs to debate it (SOLVIT CENTRES)

I think the ombudsman is going to be very busy ~ wasn't there supposed to be or talk of a specific section for Freedom of Movement issues?

as every seems to be able to quote the law, but no bugger wants to implement it!!!!
MelC

MSH
Junior Member
Posts: 71
Joined: Mon Jun 21, 2010 8:48 pm

Post by MSH » Sun Nov 14, 2010 2:07 pm

MelC:

I contacted the Danish SOLVIT centre (who then passed my case onto the Swedish SOLVIT).. but this is not the point. I have repeatedly seen cases in this forum where people talk about how SOLVIT waffles on but does nothing..

In my case they even refused looking at the case because no problems of free movement was evident EVEN THOUGH I was stuck in Africa because my wife couldn't get a free EU spouse visa go come back with me to Europe. How incompetent is THAT?! :roll:

Only after I informed them I had lodged a formal complaint with the commission did they suddenly change position and now apparently a problem of my free movement existed afterall.. ridiculous.

Who cares if the Ombudsman is busy. If he gets SWAMPED with complaints about the incompetency of SOLVIT in handling these issues maybe one day an institution who WILL handle things efficiently is put into place, you know? All I know is, if nobody does nothing, nothing changes.

Regards,

MSH.

MelC
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Posts: 214
Joined: Wed Aug 18, 2010 9:24 pm
Location: North Africa/EU/UK

Post by MelC » Wed Nov 17, 2010 9:41 pm

I agree with you ~

as I have also been stuck in (North) Africa because of not being able to get the EU visa originally, so i know precisely what you mean, and also know of others who contacted SOLVIT and were messed about whilst they looked at irrelevant issues ~ the directive is plain and simple yes?

I just wondered if there were some SOLVIT centres who did perform well, or whether its a general/overall dislike of Freedom of movement issues as it almost seems to be?

As I said, I had to wade in and be a stroppy bitch to get things moving, which i should'nt have had to do ~

I think the whole system needs a shake up to be honest, petitions take 2 years????? what good is that if you are stuck until the outcome?

and I have said on this forum, one voice isn't always loud enough ~ it needs a collection of voices to he heard and to worry the EU!!

when i said i see the ombudsman being busy ~ if he/she gets at all the complaints the bmbudsman and team are going to have be bigger than most of the useless institutions in the EU!!!
MelC

lucabraci
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Posts: 3
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Post by lucabraci » Thu Dec 30, 2010 9:55 am

i totally agree with you i was in a situation with the ukba and when my portuguese wife got in touch with solvit they were dismissive of our case concluding that the ukba are within their rights untill some great ppl on this forum gave me some advice which really helped me out.we got in touch with the portuguese solvit centre which was utterly useless and also the uk solvit cetre which seemed more like an extension of the uk imigration service

mastermind
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Posts: 152
Joined: Thu Nov 01, 2007 3:46 am

Post by mastermind » Tue Jan 11, 2011 8:51 pm

A complaint can be also lodged with European Comission: http://ec.europa.eu/eu_law/your_rights/ ... rms_en.htm

Directive/2004/38/EC
Respected Guru
Posts: 7121
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Jan 12, 2011 3:55 am

lucabraci wrote:i totally agree with you i was in a situation with the ukba and when my portuguese wife got in touch with solvit they were dismissive of our case concluding that the ukba are within their rights untill some great ppl on this forum gave me some advice which really helped me out.we got in touch with the portuguese solvit centre which was utterly useless and also the uk solvit cetre which seemed more like an extension of the uk imigration service
The UK Solvit often turns to UKBA for advice on what European law is.

MelC
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Location: North Africa/EU/UK

Post by MelC » Wed Jan 12, 2011 9:02 am

following on from the points raised in htis thread ~ oh and wishing all a belated merry xmas and happy new year, hubby and I are now in France, after a spell in Italy, and i have only just gotten internet again, hence the belated greetings,
anyway,

Solvit were OK with me, I have to speak as I found, but as stated do know of very different situations.

I also made a complaint directly to the EU commission ~ got a reply this week, 4 months for the reply, and this is the same time scale as someone else so am wondering if 4 months is the response time here?

i had to confirm a couple of details and also advised that hubby had the visa and we were out of North Africa.

yesterday i got a reply ~ well they (eu commission) are happy its allsorted, and we got the visa so no need to go ahead with infringement proceedings then!!!!!!

are they having a larf?

i had been looking at some figures and wondered why the ratio of complaints and infringelents had no correllation, now i know why!

it is the Commissions opinion that if the final objective has been attained, ie the visa has been issued then the fact that the embassy treated people like dirt and threatened to foribly remove them from the embassy or arrest them, that thats ok cos you got the visa in the end?????

we only waited 4 weeks, solvit WERE good in my case, others have waited along time, my freind is still stuck out there with a 14 week wait in front of them and running out of money!!!!

i couldnt bring myself to reply to the commission yesterday, i would have been abusive i was so very ANGRY, not just for myself, but for everyone who thinks they will get some redress, that those that follow us will have an easier time as we should have done and now i find thats not going to be the case?

well the Commission are in for a wake up shake up shock from me!!
I am STILL furious this morning, this simply IS NOT GOOD ENOUGH

and as we are now in france and the local mairie wonderful though the woman was who took our application, and dealt with it there and then, she said she was not familiar with the visa at all, and I (eu citizen) would get my receipt with hubbys in the post and we would get out residence cards together in around 3 months!!!!!

er, NO, i want a registration certificate, and hubby wants a receipt of application to prove he can work!!!!

i have one unhappy unemployed hubby now!

and so back to SOLVIT i went, pre-empting as usual, sent a copy of the consent form with my initial email, and its only been a few days but they are in touch with the french solvit already, and i WILL get my reference number this week,. I will NOT wait 10 or 14 weeks or any other length of time that anyone cares to dream up!

and i still think i should calm down more before i explode at the EU commission, or maybe not maybe thats what they need!!!!!!!
MelC

MSH
Junior Member
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Post by MSH » Wed Jan 12, 2011 1:25 pm

Hi Mel,

great to hear you got out with your husband OK.

I complained to the commission as well (in July) and got their reply back last week.

They suggested I took the matter up with SOLVIT. :lol:

This is AFTER I expressly informed them of SOLVITs blatant incompetence/indifference to my situation.

The commission also wrote that they do not deal with individual cases but that the combined amount of individual complaints were considred when discussions were conducted with the member states.

So I guess our only option is to continue carpet bombing SOLVIT as well as the commission with our problems and then complaining to the Ombudsman when they do f*ck-all about it...

Not too promising but better than sitting on your hands, I suppose.

I for one intend to write the commission back to inform them of my dissapointment with their indifference to my situation, especially since I know of so many other examples of people in the exact same frustrating circumstances.

MelC
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Posts: 214
Joined: Wed Aug 18, 2010 9:24 pm
Location: North Africa/EU/UK

Post by MelC » Wed Jan 12, 2011 2:03 pm

thanks for your kind words hun!

I think its now a case where those who are unhappy need to get together and as a collective ~ as I commented in another thread ~ one voice isn't enough, get together and bombard the EU and force them into action ~

the Friend that I refer to received the same treatment as we did originally at the SAME embassy by the SAME staff ~ and were told they can't havee a visa the same as my hubby has, ours was issued as we were "a special case" ~~~~ HELLLOOOO when did we become special???
isn't she also a EU citizen trying to exervise her treaty right? the SAME as I have done?


so without Italy being bought ot task by the commission they will continue to behave this way? obviously as they are doing so already!!!!!!

I am in the right frame of mind now to reply to the commission, and If you are interested in getting together on taking htem to task ~ thats general to anyone and everyone, then count me in, it may be against admin protocols? not a problem, it can be taken away from the forum if that is the preference.
MelC

mastermind
Member
Posts: 152
Joined: Thu Nov 01, 2007 3:46 am

Post by mastermind » Wed Jan 12, 2011 4:46 pm

Another good idea might me to also write your MEP: http://www.europarl.europa.eu/members/p ... oSearch.do
For UK citizens there is a handy website for this purpose: http://www.writetothem.com/

MelC
Member
Posts: 214
Joined: Wed Aug 18, 2010 9:24 pm
Location: North Africa/EU/UK

Post by MelC » Thu Jan 13, 2011 11:59 am

mastermind wrote:Another good idea might me to also write your MEP: http://www.europarl.europa.eu/members/p ... oSearch.do
For UK citizens there is a handy website for this purpose: http://www.writetothem.com/
i have a list of email addresses for a committee within the EU who have asked several questions of the commission as to wht they are going ot do about this mess, so they might be the place i start, to be honest i had a lot to deal with getting our own things sorted out and leaving tunisia, so couldnt get down to dealing with much else but can now.
i did email an MEP a while back he passed my email onto someone else who is on the committe i have just emntioned, I NEVER got a reply from the 2nd guy, but have found his papers on immigration for the govt. so mybe hes a bit anti?

Acme and I contacted timatic a while back and maybe it was because we both contacted them, they replied to us both, and i have kept up the contact with them, they are also trying to get some straight answers from the EU!

good luck to them with that huh?
MelC

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