VAF5 EEA route application

[cancerionn11]

First of all thanks in advance for everybody taking an interest and all your comments.

I am writing this in regards to a status of my VAF5 application which I submitted on the 24th of november

I applied for the visa nearly a month ago, since then there is a same status all the time which is "application is under process at the BHC". I absolutely understand the criteria and procedures of the visa application and duration of applications processing differ from case to case.

The passport I submitted with my application was newly made due to the loss of my old one which contained my old immigration status.

Basically, I was living in the UK on Family Members Resident Stamp Immigration status but my passport got stolen in the post in UK itself. Therefore, I lost my visa also with it.

I and my wife's(EU national) tickets done to visit my family(visiting after 3yrs) and little holiday. I had the photocopy of my FMRS visa which was not sufficient to board and fly to UK. Then I applied for VAF 5 in British High Commission Delhi on 24th of November.

Since we were in the impression that I would be able to fly with the xerox copy of my visa and were not completely ready for the visa application, I did not have my and my wife's bank statement and we put the application without the funds statements. We got married in UK and it has been more than 2 years and we are together for over 4 years.

Is there any way to contact UKBA to accelerate the process? We both have full time job in Manchester, could you please tell me how effective it is going to be and will I or my wife be contacted via text or email when any decision is made.

DELAY OF APPLICATION WILL ALSO CAUSE AN EFFECT ON OUR JOBS.

thanks a tonne again.

[Directive/2004/38/EC]

What the citizenship of the EU citizen?
Where are you and your spouse living presently?

[cancerionn11]

I am polish and right now we both are in Delhi cos we applied for the Visa from here but My husband had asked me to go back because we both have been out from the job for 2 months. So at least I will be on Job and using treaty rights.

[Directive/2004/38/EC]

How long have you been living in the UK?
When did you leave?
What were you doing there?
Did you go to Delhi just for the visa application?

They are required to issue your husband's EEA FP on the basis of an accelerated process, and "as soon as possible".

[cancerionn11]

I lived in Uk for more than 6 yrs now, we both work in different hotel.

We came to Delhi because we did not visit my husband's family for 3 years. Unfortunately, my Husband passport got stolen just a month before(which was only enough to make new passport) in the post in Royal mail's possession(while making driving license) But We still did not change the plan and came regardless.

My husband spoke to the immigration officer at the airport before we came, who said there should not be any problem but only an element of delay which we thought to be okay. That is why we assumed we should be fine.

But only with the xerox copy of the FMRS visa Flight company did not let us board then we spoke to the BHC and they said to apply for VAF5.

My husband has booked my tickets to go back on 28th so if He gets the visa He will have to travel alone.

Anyway my husband's visa was valid till 22nd dec 2011 and we planned to apply for EEA 2 before that.

Is it necessary to travel together?

Now BHC is closed till 27th. How the case can be accelerated?

[Directive/2004/38/EC]

First of all, you are not required to travel with him. He can fly later.

You will need to have provided proof of your marriage (your marriage certificate) as well as proof that you (the EU citizen) are working in the UK. Did you provide booth of those in the application?

I will just note it right now since I will forget in a month: As soon as you are both back in the UK, he should apply for a Residence Card. Then there is another clear link in the UKBA databases between him and you, and he can come and go as he wishes. It is a free application.

[cancerionn11]

We took couple of payslip, my work contract, rent agreement, my passport photocopy and english marriage certificate. So we provided all of these.

But here problem is the delay for the decision because it is effecting his job and mine as well.

Thanks very much for constant reply.

[Directive/2004/38/EC]

We took couple of payslip, my work contract, rent agreement, my passport photocopy and english marriage certificate. So we provided all of these.

Super! I just had wanted to check to make sure that they already had the important bits.

Did you tell them when you applied that you needed to travel on the 28th?

[cancerionn11]

We applied on 24th november and put 1 december to return back to UK but if we would have had booked the tickets for that date that would be waste because the decision is still not made.

So I presume they are not bothered whenever person wants to leave.

My husband booked the tickets to keep the job secure.

[Directive/2004/38/EC]

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF

Directive 2004/38/EC

Article 5 -- Right of entry

1. Without prejudice to the provisions on travel documents applicable to national border controls, Member States shall grant Union citizens leave to enter their territory with a valid identity card or passport and shall grant family members who are not nationals of a Member State leave to enter their territory with a valid passport.
No entry visa or equivalent formality may be imposed on Union citizens.

2. Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement.
Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.

http://www.legislation.gov.uk/uksi/2006 ... on/12/made

The Immigration (European Economic Area) Regulations 2006

Issue of EEA family permit

12.—(1) An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national and—
(a)the EEA national—
(i)is residing in the UK in accordance with these Regulations; or
(ii)will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; and
(b)the family member will be accompanying the EEA national to the United Kingdom or joining him there and—
(i)is lawfully resident in an EEA State; or
(ii)would meet the requirements in the immigration rules (other than those relating to entry clearance) for leave to enter the United Kingdom as the family member of the EEA national or, in the case of direct descendants or dependent direct relatives in the ascending line of his spouse or his civil partner, as the family member of his spouse or his civil partner, were the EEA national or the spouse or civil partner a person present and settled in the United Kingdom.
(2) An entry clearance officer may issue an EEA family permit to an extended family member of an EEA national who applies for one if—(a)the relevant EEA national satisfies the condition in paragraph (1)(a);
(b)the extended family member wishes to accompany the relevant EEA national to the United Kingdom or to join him there; and
(c)in all the circumstances, it appears to the entry clearance officer appropriate to issue the EEA family permit.
(3) Where an entry clearance officer receives an application under paragraph (2) he shall undertake an extensive examination of the personal circumstances of the applicant and if he refuses the application shall give reasons justifying the refusal unless this is contrary to the interests of national security.
(4) An EEA family permit issued under this regulation shall be issued free of charge and as soon as possible.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

European Economic Area (EEA) family permits
EEA family permits (Modernized Guidance UKBA) version 2.0 valid from 24 August 2011

Under European Community law, applications for EEA family permits must be treated as a priority case (page 7 of 18).

We applied on 24th november

They are taking unreasonably long to process your application. They have frankly no excuse, other than that maybe they do not realize they are doing something wrong. Your job now is to point out to them the highlighted quotes above.

I would strongly suggest you both go to the BHC early on the 27th and ask to talk with the senior visa officer. Be patient but persistent. Be polite but do not take no for an answer. Take food and water and expect to spend the whole day doing this.

For each person that you talk with, politely explain all of the following:
(1) This is a European free movement visa, which legally must be given priority
(2) All required evidence was submitted when the application was made on 24 November
(3) The EEA FP must be issued today for you to make the booked and paid for flight
(4) If the EEA FP is not issued today, you will complain to the European Commission and will require full compensation from UKBA for the full cost of your artificially extended stay in India, for the missed flight, and for both your lost wages in the UK.
(5) Take the name and job title of everyone you talk with. Write down carefully.
(6) If they do not respond, tell them that you want to make a formal complaint. And do it there in writing.


I would be happy to help you write a claim for compensation if that is needed. You will have a VERY strong case and I suspect you could likely expect several thousand pounds.

[cancerionn11]

Thank you very much for you helping me a lot and offering.

But they open on 28/12/11 now when I am actually going and the security do not let anybody in without any email invite or any sort of invitation. So I cannot talk to any Officer or cannot even email direct to the visa officer

[Directive/2004/38/EC]

But they open on 28/12/11 now when I am actually going and the security do not let anybody in without any email invite or any sort of invitation. So I cannot talk to any Officer or cannot even email direct to the visa officer

If you do not try, then you will definitely not get the EEA Family Permit in time for your flight. Makes sense if you think about it.

What do you have to loose by trying?

I am 100% clear that it will not be easy:
(1) you have to get past the annoying non-UK guards outside
(2) you have to get into either the visa section or the consular section
(3) you have to convince a UK citizen employee to talk with you, as likely they will be far more motivated to fix the problem then local employees
(4) you have to remain patient the whole time

It may well be easier for the EU citizen to make it in alone.

I personally would now send a very clear email to visqry.newdelhi@fco.gov.uk ( see http://ukinindia.fco.gov.uk/en/about-us ... -complaint ). I would also start calling the embassy as soon as it opens (even from outside waiting in line). Ask to speak with the "Entry Clearance Manager" or even the secretary of the high commissioner. As always, be sure to ask for and write down the name of everyone you talk with.

[cancerionn11]

We tried to get in to the BHC when could not board the flight on 24th nov. but the guards did not let us in, after a lot of efforts they went inside to ask but brought the info to apply for VAF5.

There is no direct number to call consular or visa officer all the nos. are either call centre or switchboard. Therefore cannot get through any relevant personnel.

My husband emailed the but their reply was as follows:
"Dear Sir,
Thank you for your email which we received on 12/12/2011, requesting an update on your application for a UK visa.
In order to assess your application we need to carry out further checks. A decision on your application shall be made as soon as we receive the results of our inquiries. I am afraid it is not possible to tell you exactly when we will receive these results."

My husband booked my flight to go on 28th to secure the job otherwise I do not want to travel alone.

I will have to ask my husband to call them or visit them if possible.

thanks Directive for your all help

[Directive/2004/38/EC]

I think you are in a different situation now. Previously you had submitted nothing.

Now you have submitted an EEA application. It should have been processed quickly but it has not been. So they now have a problem. Your job is to let them know about their problem and give them an option to solve it before the flight leaves.

Never underestimate what you can achieve on the 28th if you set your mind to it!

[cancerionn11]

Previously my husband had Family Member Residence Permit which was suggested by Home Office because of my WRS.

Then here in India on 24th we applied for EEA VAF5.

Now I have got flight on 28th and they open on the same day.

On to the website also, it is mentioned this type of visa may take between 3 weeks to 3 months.

We have sent them another email on 23rd dec but no reply because on Holidays.

I understand what you mean. I will try to call in on that day.

[Directive/2004/38/EC]

Previously my husband had Family Member Residence Permit which was suggested by Home Office because of my WRS.

Then here in India on 24th we applied for EEA VAF5.

So your husband has a Residence Card because he is the family member of an EU citizen. (see picture at http://eumovement.wordpress.com/eu-coun ... d-kingdom/ ) Note that since there was no "permission" involved, it is not called a permit.

That should have made the issue of the EEA Family Permit even faster, since they know your husband already and already have evidence that you are in the UK and working.

I would really push on them on the 28th. I do not think you have much to loose.

[cancerionn11]

HOPE You had a Nice Xmas

Would you be able to tell me the direct phone no. to speak to the consular if there is any?

But his visa was valid only till 22nd of december.

I will try my best to get things done

Thanks very much indeed GURU.

[Directive/2004/38/EC]

But his visa was valid only till 22nd of december.

Then it is likely not a Residence Card. Exactly what was the name of what was in his passport?

[cancerionn11]

It was called Family Member Residence card

It is basically issued to those who are a family member of A8 nationals when they(A8 nationals) are excersing their treaty rights under WRS.

Now Poland is permanent under EU.

So my husband can apply for EEA 2

[Directive/2004/38/EC]

You say his RC expired on Dec 22. What month and year was it issued?

[cancerionn11]

Just remembered It was called Family Member Residence Stamp

It was issued march 2011, it sounds weird that it was only for few months but they advised to apply for EEA2 because FMRS was finished from the system.

[cancerionn11]

Tried phoning them and even tried emailing them their reply was:

"Unfortunately, we are unable to send you a substantive reply at present, as we are making further enquiries. However we will write to you again once these enquiries are complete."

Does that mean they are treating as an issue or just the normal query.

[cancerionn11]

There is still nothing has happened so far, now this is getting on my nerves.
Really annoying cos it has been more than 1 month...

They emailed and said the status remains the same

[Directive/2004/38/EC]

There is still nothing has happened so far, now this is getting on my nerves.
Really annoying cos it has been more than 1 month...

They emailed and said the status remains the same

I guess at some point you will be annoyed enough to start complaining for real!

http://eumovement.wordpress.com/2011/11 ... fectively/

And then they might start taking you seriously!

[cancerionn11]

thanks for the reply
I have sent the complaint email to vfs

then wanted to send complaint but could not open the ukba complaint link.