EEA2 more than 9 months since we applied!

dali · Post by **dali** » Mon Sep 25, 2006 1:24 pm

Hello

I am French, married to a Congolese.
We got married in January 2003.
I arrived in UK in April 2005 and my husband joined me in December 2006.
We applied straight away for EEA2 residence permit for my husband in December 2006.
We had to send some additional documents in January but since then we have not heard from the Home Office.
We had to ask for our local MP to write to the Home Office to know what was the reason for the delay .
The Home Office wrote back to the MP saying that my Husband's case was not straightforward and that they will deal with his case asap....
1/ Is there any action we could take to speed up the procedure?
2/ I read that according to the EU regulations, they should give a reply within 6 months from the application date. Do they have the rights not to give us a reply...
3/ don' you think that if they wanted to to give a positive reply, they would have answered long time ago???

Thanks for your answers...as I am getting very stressed about that and so is my husband who feels very down especially that he cannot work and he now is very depressed about our situation.

Cheers
Dali

Post by **John** » Mon Sep 25, 2006 1:34 pm

It is difficult to follow your post as you mention December 2006 twice ... but that is in 3 months time. Do you mean December 2005?

Why was the application on form EEA2 made so quickly after your husband arrived in the UK. It would have been better to make that application say about two months before the expiry of the EEA Family Permit, which presumably your husband had to move to the UK.

Indeed can you confirm, did your husband move to the UK on an EEA Family Permit? Or if not, what sort of visa did he have to get into the UK?

I am just trying to work out what the complication could be?

And you, in what way are you exercising your Treaty Rights? Are you employed? If not, what are you doing?

dali · Post by **dali** » Mon Sep 25, 2006 2:41 pm

Sorry I made a mistake. Indeed you should read December 2005 and not December 2006.
My husband came in December 2005 to the UK with a EEA Family permit that expired in April 2006.
We went straight away to make the application as we did not see any reason to wait.
Especially for work purposes, we did not want to face the situation where he might apply for a job and that the potential employer sees that his permit will be expring shortly and then miss a job opportunity...
We did not want to reach a situation where he may be without any ID papers like now...
I am indeed working as a full time employee since I came here and I provided the Home office with all the requested documents (contract, pay slip...)

Thanks
Dali

Post by **John** » Mon Sep 25, 2006 7:39 pm

Dali, you have already made contact with the MP for your area? I suggest you make contact again. And make a point of saying to the MP about the 6-month limit that EU legislation says for these sorts of applications. IND is not allowed by EU law to take more than 6 months, irrespective of how complicated it is.

But applying almost as soon as your husband arrived has not helped. If you had applied in say February then I expect it would have taken the usual 3 or 4 months.

dali · Post by **dali** » Tue Sep 26, 2006 8:37 am

Thanks very much John, I will then write again to the MP hoping there will be some outcomes.

But can you please explain why the fact that we went straight for the application has complicated things???

Cheers
Dali

Post by **John** » Tue Sep 26, 2006 9:11 am

Here are the instructions to IND staff dealing with Residence Card applications .... click here.

Looking at your experience, I don't really see why there is a problem? Sorry to ask, is there any reason for them to suspect that the marriage is not real?

You provided proof that you are exercising your Treaty Rights? If so, strange.

dali · Post by **dali** » Tue Sep 26, 2006 1:54 pm

John

Indeed, I had to go to the French Ambassy back in March 2006 to get interviewed as when I move to the UK, my husband and I were seperated and when I got to the French Embassy to get register, as there was no "seperate" box, i have been advised to tick the "divorced" box.
I did not even think about it.
In the meantime, my husband and I made up and he agreed to come and join me in the UK.
I provided once again the French Ambassy with all the paperworks (mariage certificate, birth certificate...) and explain them our situation.
The French Ambassy forwarded the document and their report to the HO.
I have to say that the French Embassy read me their report and their was nothing in it that let me thought there was a problem...

Dali

Post by **John** » Tue Sep 26, 2006 2:26 pm

I don't understand. Why did you need to go to the French Embassy to establish you were exercising your Treaty Rights in the UK? Or when you started doing so?

Clearly this divorced/separated situation is raising a doubt as to whether the marriage is real at this point in time.

Aloevera2 · Post by **Aloevera2** » Tue Sep 26, 2006 11:07 pm

John you said
" And make a point of saying to the MP about the 6-month limit that EU legislation says for these sorts of applications. IND is not allowed by EU law to take more than 6 months, irrespective of how complicated it is.
"

Where can I find out more info on this ?

Post by **John** » Tue Sep 26, 2006 11:12 pm

Yesterday at 9.11.am I posted a message and provided a link. The 6 month limit is mentioned in that.

Aloevera2 · Post by **Aloevera2** » Wed Sep 27, 2006 12:04 am

thanks john found the link

does the 6-month limit that EU legislation apply to ILR applications based on 10 years stay ?

Post by **John** » Wed Sep 27, 2006 6:51 am

Aloevera2, no it does not. It applies only to applications being made under EEA/EU legislation.

Dali, can you answer ... why did you need to involve the French embassy? I don't understand why you needed to do that.

dali · Post by **dali** » Thu Sep 28, 2006 10:45 am

Hi John

Sorry for the late reply.
I did not asked for the french Embassy to be involved.

I received a letter from the French Embassy sometime in March.
They have been asked by the Home Office (following our application to the EEA2 permit) to interview me and check my French nationality, marriage, collect documents...
I went there...they did mention the discrepancy between what was in my file ie divorced box and fact that we were applying for the EEA2...

However, the main thing discussed was different, they came out with an incredible story about someone who stole my idendity...
They asked me if I really was the person I pretended to be...telling me that someone with the same name as mine submitted the same file as me at the HO and they were not sure I was who I said I was...

I was absolutely stunned...I did not know why they did that...They have all the means to check who I am, they even took my finger prints...I really had the feeling I was treated like a criminal...

Then I asked to be confronted to the person who is said to have stolen my identity...but nothing of that happen...

They send then their report to the HO.
Up to now I really do not know why they invented such a ridiculous story...probably to make the procedure last longer...I really do not know...

Dali

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EEA2 more than 9 months since we applied!

EEA2 more than 9 months since we applied!