EEA2 Application Timelines - ONLY 1 TOPIC - UpToDate

[Jambo]

she's Irish ; however she's been here for over 10 years which means she can be recognised as having ILR.

Irish national enjoy from a special status in the UK. They are deemed 'settled' from their first day in the UK so she already has ILR status from her first day (no need to wait 10 years). You could have applied for a UK spouse visa if you wish (with all the cost and tests associated). As she is not British, the only advantage would be a shorter path for settlement but not a shorter one for citizenship so no much advantage here (unless she also becomes British).

[flashware]

she's Irish ; however she's been here for over 10 years which means she can be recognised as having ILR.

Irish national enjoy from a special status in the UK. They are deemed 'settled' from their first day in the UK so she already has ILR status from her first day (no need to wait 10 years). You could have applied for a UK spouse visa if you wish (with all the cost and tests associated). As she is not British, the only advantage would be a shorter path for settlement but not a shorter one for citizenship so no much advantage here (unless she also becomes British).

That's interesting and very useful to note as well. Do you have any link to where that is stated? I've not come across that in my travels.

I was of the understanding that once the spouse visa expired (after your 2 years) you could then get ILR, after which having that for 1 year could go for the British passport. Have I missed something here?

[Jambo]

That's interesting and very useful to note as well. Do you have any link to where that is stated? I've not come across that in my travels.

Do you mean a link to the status of Irish nationals in the UK or the British citizenship comment? The status of Irishman in the UK goes back to 1922. I don't have a link to that legislation. As for the BC, see below.

I was of the understanding that once the spouse visa expired (after your 2 years) you could then get ILR, after which having that for 1 year could go for the British passport. Have I missed something here?

You are missing the part that you are not married to a British citizen.

You are mixing two different requirements for naturalisation:

Time after ILR
- If not married to BC, you need ILR + 1 year.
- If married to BC, you need ILR (no need to wait for 1 year).

Residential requirement
- If not married to BC - 5 years.
- If married to BC - 3 years.

You have mixed the +1 after ILR with the 3 years residential requirements probably becuase the spouse visa is for 2 years so fits nicely 2+1=3.

See more in Q1 & Q2 in the sticky FAQ - most common questions.

[aluter]

That's interesting and very useful to note as well. Do you have any link to where that is stated? I've not come across that in my travels.

Do you mean a link to the status of Irish nationals in the UK or the British citizenship comment? The status of Irishman in the UK goes back to 1922. I don't have a link to that legislation. As for the BC, see below.

I was of the understanding that once the spouse visa expired (after your 2 years) you could then get ILR, after which having that for 1 year could go for the British passport. Have I missed something here?

You are missing the part that you are not married to a British citizen.

You are mixing two different requirements for naturalisation:

Time after ILR
- If not married to BC, you need ILR + 1 year.
- If married to BC, you need ILR (no need to wait for 1 year).

Residential requirement
- If not married to BC - 5 years.
- If married to BC - 3 years.

You have mixed the +1 after ILR with the 3 years residential requirements probably becuase the spouse visa is for 2 years so fits nicely 2+1=3.

See more in Q1 & Q2 in the sticky FAQ - most common questions.

While you are on the subject, can i just ask this.

If my eea spouse gets BC after being here for 5years + 1 year PR. can i also apply after 3 years of having my RC provided he is a BC when i do my application?.

Sure i thought this was possible.

[Jambo]

While you are on the subject, can i just ask this.

If my eea spouse gets BC after being here for 5years + 1 year PR. can i also apply after 3 years of having my RC provided he is a BC when i do my application?.

Sure i thought this was possible.

Nope.

One of the requirements for naturalisation is to hold ILR/PR status and if you are under the EEA regulations, this would be obtained after 5 years. However, if married to a BC you don't need to wait 1 year after ILR/PR so you can apply once the PR status is obtained (5 years).

[aluter]

While you are on the subject, can i just ask this.

If my eea spouse gets BC after being here for 5years + 1 year PR. can i also apply after 3 years of having my RC provided he is a BC when i do my application?.

Sure i thought this was possible.

Nope.

One of the requirements for naturalisation is to hold ILR/PR status and if you are under the EEA regulations, this would be obtained after 5 years. However, if married to a BC you don't need to wait 1 year after ILR/PR so you can apply once the PR status is obtained (5 years).

from this website http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

If my spouse neutralizes to a british citizen after 6 years of living in the uk and thus becomes a british citizen.

I can apply as a spouse of a BC provided i can show proof of ordinary residence (which the RC provides+work+rent+bills etc) in the UK for 3 years as his spouse.

[Jambo]

from this website http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

If my spouse neutralizes to a british citizen after 6 years of living in the uk and thus becomes a british citizen.

I can apply as a spouse of a BC provided i can show proof of ordinary residence (which the RC provides+work+rent+bills etc) in the UK for 3 years as his spouse.

No. You can't without ILR/PR.

Just scroll down on the same page and you will see:

Immigration time restrictions


You must be free from immigration time restrictions on the day you make your application.

European Economic Area nationals and Swiss nationals


If you are a European Economic Area (EEA) national or a Swiss national or the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain.

[goodies]

Good morning forum members we hope for more RC today.

[aluter]

Hello just a quick update on my case. A couple of days ago i emailed HO regarding my application and got a reply today saying....

Good Morning,

Please be advised that the UKBA are currently experiencing ‘Industrial Action’, (10 May). However, I can inform you that I have forwarded your request for the expedition of your application, to the team where your application is currently located.

Kind regards
Euro

I will give them 2 weeks and then request for my passport back if they still have not processed my RC.

[/i]

[jheibaby]

I emailed the HO two days in a row being that my case has now reached and passed its six months mark and I got this reply this morning.

Please be advised that the UKBA are currently experiencing ‘Industrial Action’, (10 May). However, I can inform you that a decision has been reached on your application, (although I am not at liberty to disclose it), and that you should hear from us shortly.

This "I'm not at liberty to disclose/you should hear from us shortly" thing is doing my head in. Anyone experienced the same?[/quote]

[faisal48]

Hi every one just to update on my EEA2 application, I have received my Residence Card stamped on my passport today. Below are my time line;

EEA2 application sent= 06th February 2012
COA received= 04th March 2012
RC received= 10th May 2012 dated 08th may.

I made a request by fax and by sending Home office e-mails, I have a real problem back home which made me put request for my passport to return as soon as possible, but I have received passport back with RC. I wish you good luck for your waiting times.

[aluter]

Hi every one just to update on my EEA2 application, I have received my Residence Card stamped on my passport today. Below are my time line;

EEA2 application sent= 06th February 2012
COA received= 04th March 2012
RC received= 10th May 2012 dated 08th may.

I made a request by fax and by sending Home office e-mails, I have a real problem back home which made me put request for my passport to return as soon as possible, but I have received passport back with RC. I wish you good luck for your waiting times.

Congrats!!!!

[faisal48]

thanks hope you are next..

Congrats!!!![/quote]

[bandor]

I have just over 1 month remaining till the 6 month deadline since i applied for my RC. I've already received COA several months ago.

My question is what are the options open to me, if the 6 months pass without receiving the RC, what legal or other rights do I have to ensure the HO make a decision regarding my application. I am extremely worried as the HO has previously delayed and took 1 year to reach a decision on an application for certificate of approval I made 3 years ago and only made a decision after I contacted my local mp.

Could someone advice if they (the HO) definately have to make a decision within the 6 months, and in the even they dont what can I do on my part.

[Samelamin]

Tell me about it

I feel the same and ive got around 4 weeks before my holiday so im very nervous

[flashware]

Tell me about it

I feel the same and ive got around 4 weeks before my holiday so im very nervous

Request your passport back, given the time frame I don't see it being an issue ; this assumes of course you're happy for the RC to be issued on a piece of paper rather than in the passport (which TBH I wouldn't really worry about, but that's just me )

[Jambo]

Could someone advice if they (the HO) definately have to make a decision within the 6 months, and in the even they dont what can I do on my part.

I would complain to NWCSU, involve my MP and seek compensations.

I would also write an email now stating that I will seek legal actions and compensation if the six months rule is not met.


From the HO guides:

5.1.8 Six-month rule

Community law requires us to decide applications for a Residence Card within 6 months from the date of receipt of the application. Every effort should be made to do so, particularly where an applicant draws our attention to an alleged breach of this requirement. Failure to comply with this requirement could leave the Home Office open to a claim for damages.

[Samelamin]

Tell me about it

I feel the same and ive got around 4 weeks before my holiday so im very nervous

Request your passport back, given the time frame I don't see it being an issue ; this assumes of course you're happy for the RC to be issued on a piece of paper rather than in the passport (which TBH I wouldn't really worry about, but that's just me )

I am off to Malta where I need a visa to enter

I already requested my passport back in the hopes it would expedite my application...


it didnt

[eea2raheem]

Yesterday I sent email to Home Office and the repose is

"Please be advised that the UKBA are currently involved in ‘Industrial Action’, today, (10 May). However, I can inform you that your documents are currently held within our despatch department."

Do you have any similar experience and how long it will takes to get my RC? (I had attached Special Delivery "Next day delivery" envelop with my application?)

-------------------------
Application timelines:
Application Sent: 29 Dec 2011
COA received : 20 Jan 2012
RC : 10 May 2012 held at despatch department
RC received ??????????

[bandor]

Could someone advice if they (the HO) definately have to make a decision within the 6 months, and in the even they dont what can I do on my part.

I would complain to NWCSU, involve my MP and seek compensations.

I would also write an email now stating that I will seek legal actions and compensation if the six months rule is not met.


From the HO guides:

5.1.8 Six-month rule

Community law requires us to decide applications for a Residence Card within 6 months from the date of receipt of the application. Every effort should be made to do so, particularly where an applicant draws our attention to an alleged breach of this requirement. Failure to comply with this requirement could leave the Home Office open to a claim for damages.

Thanks for the input, due to my previous encounter with the HO I appointed a solicitor this time to deal with my application. Should I leave communication to the solicitor or can I email/write directly to the HO?

which email and postal addresses would you advice?

[Samelamin]

I sent them a strongly worded letter telling them hat the 6 month deadline is fast approaching

I wouldnt mind if they gave me some honest replies but I feel they are intentionally hiding info from us

[Jambo]

Thanks for the input, due to my previous encounter with the HO I appointed a solicitor this time to deal with my application. Should I leave communication to the solicitor or can I email/write directly to the HO?

which email and postal addresses would you advice?

I would leave it to the solicitor who would know how to write a more threatening letter. He would also know who to address the letter to.

[Samelamin]

its infuriating that December applicantions are taking this long, the xmas holidays are no excuse

And I did not apply through a solicitor so I dont think its just applications going through a solicitor that take ages

[goodies]

Hi every one just to update on my EEA2 application, I have received my Residence Card stamped on my passport today. Below are my time line;

EEA2 application sent= 06th February 2012
COA received= 04th March 2012
RC received= 10th May 2012 dated 08th may.

I made a request by fax and by sending Home office e-mails, I have a real problem back home which made me put request for my passport to return as soon as possible, but I have received passport back with RC. I wish you good luck for your waiting times.

Congratulations ,Im really happy for you. I pray every single day for my RC

[goodies]

its infuriating that December applicantions are taking this long, the xmas holidays are no excuse

And I did not apply through a solicitor so I dont think its just applications going through a solicitor that take ages

I don't know exactly wrong with December applicant ,even people that sent their
Application around Jan and Feb this year are getting the RC back