Time to issue EEA FP after successful appeal?

[Directive/2004/38/EC]

How long did it take for your EEA FP to be issued after you received the body of your successful appeal against an initial refusal?

6 days? 6 months? More?

[keloid]

How long did it take for your EEA FP to be issued after you received the body of your successful appeal against an initial refusal?

6 days? 6 months? More?

Just of out interest, is there a rule governing this?

[Directive/2004/38/EC]

There is no explicit rule. I want to figure out how it works in practice.

[vinny]

(4) An EEA family permit issued under this regulation shall be issued free of charge and as soon as possible.

Unfortunately, "as soon as possible" is undefined.

[scorpio1]

I don't think reg 12 works in this case but it will take between 2-4 months time after success of appeal either at FTT or UT.

[Directive/2004/38/EC]

My goal of this thread is to collect actual experience of the time it takes to issue the EEA FP.

[scorpio1]

Actual time line will be very difficult as there are few factors to delay. most probably you can say ideal time line or estimated.

[Rolfus]

EEA FP as unmarried Partner
Oct 23rd 2011 Written determination from UIT
Nov 7th 2011 Request for passport

Visit visa
Sep 2011 UKBA requested passport at same time as saying ECM accepted appeal

EEA FP as Zambrano parent
Feb 7 2012 Written determination from first tier
Apr 12 2012 Request for passport

One important point is that once you have the written determination, you have proof of the existence of directly effective treaty rights, so you should be admitted if you turn up at a port. (Eurostar in Paris might be most practical). This is so even if HO have appealed.

[Directive/2004/38/EC]

One important point is that once you have the written determination, you have proof of the existence of directly effective treaty rights, so you should be admitted if you turn up at a port. (Eurostar in Paris might be most practical). This is so even if HO have appealed.

So this applies only to EU law applications, and presumably expires if the HO appeals and wins?

[Rolfus]

This is part of my appeal against refusal of the visit visa. The appeal was successful, but this was not necessarily the killer argument.

40 The ECO's whole line of argument is based on the premise that it would be a breach of immigration rules for the Appellant to undertake work experience. This fails to consider the possibility that she already has an EU right that allows her to work in the UK. As has been discussed, there has been a successful appeal against refusal of a FP (Warsaw/xxxxx). In the determination it is established that the Appellant has derivative treaty rights entitling her to work in the UK. She is waiting for these rights to be attested to by an EEA Family Permit. That she has satisfied the factual conditions of this EU right has been established.

41 The direct effectivity of an EU right is described in M (Chen parents: source of rights) Ivory Coast [2010] UKUT 277 (IAC) (10 August 2010):
"40. Whereas in W China the conditions for the existence of the right were not made out, on the IJ's findings in the present case they were. Accordingly it is apparent as a matter of law that having satisfied the factual conditions for its existence M enjoys a derivative right of entry to make C's right of entry effective. This is a right given by EU law. It is a directly effective right, that exists independently of the terms of the EEA Regulations and the Immigration Rules that in any event must be interpreted compatibly with EU law where it is possible to do so."

42 The position of the Appellant is exactly analogous. A judge has established that the factual conditions exist. Her right to work in the UK is directly effective under EU, and therefore British, law, irrespective of whether or not it has been attested to by an EEA Family Permit.

[Rolfus]

Directive, I should have confirmed that this only applies to EEA applications.

It will no longer be possible to show that the EEA right exists if the HO wins their appeal.

But if someone has entered the UK in the meantime they may have established other rights that make deporting them impractical or impossible.

That is why (I think) that UKBA won't stamp in the EEA FP while an appeal is outstanding. But I think that someone armed with a first tier determination would have to be admitted, although the port officer can be expected to argue. That is why I suggest Eurostar in Paris for anyone who wants to try it.

For a third country national with an EEA residents card issued by another state, there is also the possibility of entering through the common travel area from the Irish Republic. But that should be considered high stakes, because you might be declared an illegal immigrant if the argument about directly effective rights is lost.

I would be very interested to hear of anyone who has been brave enough to try these theoretical options.

[EUsmileWEallsmile]

We have a lady who entered the UK for a weekend on the European forum with an Irish issued article 10 card. She's back in Ireland now with her husband so will not have attempted to apply for EEA2.

http://www.immigrationboards.com/viewto ... &start=120

[astra_zeneca888]

Following an earlier request in this thread, I would like to post the following info regarding the issue of a FP after successful appeal:

1. My mother submitted an application for a FP in June 2011. Application was refused. An appeal was submitted in Aug 2011.
2. The hearing took place on the 1st Feb 2012. Appeal was allowed.
3. My mother received the Tribunal's written determination on the 1st March 2012.

We have been waiting since that time for someone to contact us from the Embassy in MD where the application was submitted. Unfortunately, the case was dealt with by someone in British Embassy in Warsaw and this makes things more complicated...

We have made several attempts to contact the embassy in MD to ask when the FP can be issued. Have been told to wait for a letter from embassy in Warsaw! My understanding is that the embassy in MD is awaiting for updates on the case from the office in Warsaw..

Have emailed both embassies to ask when the requested FP can be issued following a successful appeal. So far, no replies!

So we have been waiting in total for 13 weeks now since we have received the written determination! How much longer?!

Also, what would a reasonable waiting time be before a FP can be issued? And what else can we do to speed up the process bearing in mind that this application was lodged nearly a year ago!

Any comments/suggestions would be much appreciated.

Thank you.

[Directive/2004/38/EC]

Following an earlier request in this thread, I would like to post the following info regarding the issue of a FP after successful appeal:

1. My mother submitted an application for a FP in June 2011. Application was refused. An appeal was submitted in Aug 2011.
2. The hearing took place on the 1st Feb 2012. Appeal was allowed.
3. My mother received the Tribunal's written determination on the 1st March 2012.

We have been waiting since that time for someone to contact us from the Embassy in MD where the application was submitted. Unfortunately, the case was dealt with by someone in British Embassy in Warsaw and this makes things more complicated...

We have made several attempts to contact the embassy in MD to ask when the FP can be issued. Have been told to wait for a letter from embassy in Warsaw! My understanding is that the embassy in MD is awaiting for updates on the case from the office in Warsaw..

Have emailed both embassies to ask when the requested FP can be issued following a successful appeal. So far, no replies!

So we have been waiting in total for 13 weeks now since we have received the written determination! How much longer?!

Also, what would a reasonable waiting time be before a FP can be issued? And what else can we do to speed up the process bearing in mind that this application was lodged nearly a year ago!

Any comments/suggestions would be much appreciated.

Thank you.

I am not sure how long they have to decide to appeal the tribunal's decision. But presumably it is not longer than the 30 days you had to appeal.

If in doubt, point out the law to them. Write them a strongly worded letter. Point out that they are legally required to issue the visa "as soon as possible" and they must give you "every facility". Since the Tribunal has ruled, "the clock is now ticking again". Should they fail to live up to the requirements of the law, you will formally complain, will also formally complain to the European Commission, and will consider seeking compensation from UKBA. (something like that).

I have an important question: How much did you have to pay to appeal? Has that been refunded to you now or a refund mentioned?

[astra_zeneca888]

Hi there, and thanks for your reply.

Forgot to mention that we have actually emailed the Tribunal Service to confirm if the Respondent (HO) has appealed the decision, and they have confirmed to us that the HO did not appeal, they had 28 days to appeal.

This confirmation was received on the 26th March.

Yes, I had to pay a solicitor fee of GBP450 to submit the appeal on our behalf. No one has mentioned any possibility of a refund. I did not even think that this was possible! How do I do that??

I emailed the visa section again, both MD and Warsaw to point out what the Directive says about the issue of such visas. Awaiting for a reply now.

Will keep you posted on that.

Thanks.

[vinny]

Forgot to mention that we have actually emailed the Tribunal Service to confirm if the Respondent (HO) has appealed the decision, and they have confirmed to us that the HO did not appeal, they had 28 days to appeal.

The UK Border Agency has 5 days in which to challenge the determination. If they decide not to do so they will send a copy of the determination to the Entry Clearance Officer and aim to do this within 4 weeks.

[Directive/2004/38/EC]

Yes, I had to pay a solicitor fee of GBP450 to submit the appeal on our behalf. No one has mentioned any possibility of a refund. I did not even think that this was possible! How do I do that??

Good question. Brainstorming time.

How much of the 450 was the fee to submit the appeal?

[scorpio1]

astra_zeneca888 wrote:

Yes, I had to pay a solicitor fee of GBP450 to submit the appeal on our behalf. No one has mentioned any possibility of a refund. I did not even think that this was possible! How do I do that?

Directive/2004/38/EC

How much of the 450 was the fee to submit the appeal?

oral hearing cost 140 GBP without any lawyer fee, average lawyer cost atleast 500 GBP for this purpose.

astra_zeneca888 wrote:

This confirmation was received on the 26th March.

you can expect to get a reply from visa post after 3 months time, if earlier then you are lucky

[astra_zeneca888]

I had to pay the solicitor GBP450 to submit the bundle of documents at the appeal stage. I have a receipt for that.

We did not hire anyone to represent us on the day of the hearing, which means that I had to write my own witness statement and submit the bundle of additional evidence which I could gather. So this will include some postage expenses and time spent to prepare the bundle.

On the day of the hearing I had to pay for a nanny to babysit for my child so that I could attend the tribunal hearing, plus travelling expenses, so thats an extra 50 pounds on top.

My brother and his wife who also attended the hearing had to both take leave from work which they could otherwise spend somewhere nice on holiday...

Thanks.

[scorpio1]

Did you filled up representative section in appeal form?
what do you mean by "submit the bundle of documents at the appeal stage"
you can do just by yourself.
onother hand rememebr that lawyer never work freely, he/she must charge you some fee and good lawyer singed agreement with clients too

[EUsmileWEallsmile]

Also, what would a reasonable waiting time be before a FP can be issued?

The EU commission considers delays of more than three weeks to be unreasonable.

UKBA guidance on visas is that 90% of non-settlement are issued within 15 working days.

[astra_zeneca888]

I must say that my mother has previously been refused an in-country application for a Residency Card, in March last year, so I suspect that perhaps this has got something to do with the delay we are experiencing now with the issue of her FP after appeal.

Still no reply from either embassy...

[astra_zeneca888]

Some updates on my case: We have had a request for passport this week from the embassy in MD, after 13 weeks waiting!
Passport submitted as per embassy's request but we have been told that they must send passport to embassy in Warsaw for visa issue....another bureaucratic mechanism!

So I suspect another two or three weeks waiting as a minimum...

[Directive/2004/38/EC]

Why was the Residence Card refused?

[astra_zeneca888]

Hi

Latest update on my case: FP issued on 31st May. That is after a couple of strong worded emails and copy sent to the EU Commission complaints department...

Thank you all for your much appreciated contribution to this request.

Many thanks.