No fees for EEA free movement APPEALS

[Directive/2004/38/EC]

Exemption from fees
(5) Where by any convention, treaty or other instrument entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings. http://www.legislation.gov.uk/ukdsi/201 ... /article/5

Very cool! Thanks!

[gujjargujrati]

hi,,i am new on this forum and i find it realy useful, i have a question eea fp. i am french citizen living and working in uk; my wife and son applied for eea fp in pakistan at 10 may 2012; she recieved a message at her mobile phone that her application has been dispatched to OC islamabad at the same date, and then at 20 may 2012 she recieved another message that her application is under process in HIGH COMMISSION; these messages can be seen on gerry,s website BUT i am surprised that my son,s apllication status is not updated,it is showing ;your application is dispatched to OC islamabad. is it normal ? some one has any experience like that ? please help me and explain about this confused situation.

[Directive/2004/38/EC]

hi,,i am new on this forum and i find it realy useful, i have a question eea fp. i am french citizen living and working in uk; my wife and son applied for eea fp in pakistan at 10 may 2012; she recieved a message at her mobile phone that her application has been dispatched to OC islamabad at the same date, and then at 20 may 2012 she recieved another message that her application is under process in HIGH COMMISSION; these messages can be seen on gerry,s website BUT i am surprised that my son,s apllication status is not updated,it is showing ;your application is dispatched to OC islamabad. is it normal ? some one has any experience like that ? please help me and explain about this confused situation.

There is already an ongoing conversation about appeals in this thread. If you have a question, the please open up a new thread.

[EUsmileWEallsmile]

Exemption from fees
(5) Where by any convention, treaty or other instrument entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings. http://www.legislation.gov.uk/ukdsi/201 ... /article/5

Interesting...

Also this ...

Reduction or remission of fees7. A fee specified in this Order may be reduced or remitted where the Lord Chancellor is satisfied that there are exceptional circumstances which justify doing so.

http://www.legislation.gov.uk/uksi/2011 ... ade#f00001

http://www.legislation.gov.uk/uksi/2011 ... ade#f00001

And this...

where a fee has been paid which the Lord Chancellor, if all the circumstances had been known, would have reduced or remitted under article 7, the fee or the amount by which the fee would have been reduced, as the case may be, shall be refunded.

Perhaps an appeal allowed in circumstances where the ECO just failed to understand or simply misapplied the regulations would result in a fee being returned?

[scorpio1]

there is fee payable in eea FP refusal, as
Directive is not working directly into the UK
onother hand
there are possibilty to return paid fee difference, reduced and under exceptional circumstances if Lord chancellor is satisfied.
I got same answer from MoJ today.

Perhaps an appeal allowed in circumstances where the ECO just failed to understand or simply misapplied the regulations would result in a fee being returned?

Sensible answer is Yes but technically No,
Both parties will take extra time to argue and only possible if Lord chancellor is agreed.

[EUsmileWEallsmile]

there is fee payable in eea FP refusal

There is a fee payable because they decided to make the order in the way they did. I don't think it has anything to do with the directive.

[EUsmileWEallsmile]

I got same answer from MoJ today.

I understand that you have actually made an appeal and paid the fee.

Is that correct?

What is the current status?

Was it successful?

If so did you complain about the fee?

[EUsmileWEallsmile]

Sensible answer is Yes but technically No,
Both parties will take extra time to argue and only possible if Lord chancellor is agreed.

Did you read the links I posted? If ECO has rejected a family permit without good reason and the appeal is upheld, I see a case for the fee being returned. Perhaps I am being naive.

[EUsmileWEallsmile]

Again, maybe it will not be returned by the tribunal, but the cost awarded to the appellant against UKBA.

If you've been affected, had a successful appeal, don't take it on the chin, fight for your pennies.

[Directive/2004/38/EC]

there is fee payable in eea FP refusal, as
Directive is not working directly into the UK
onother hand
there are possibilty to return paid fee difference, reduced and under exceptional circumstances if Lord chancellor is satisfied.
I got same answer from MoJ today.

Perhaps an appeal allowed in circumstances where the ECO just failed to understand or simply misapplied the regulations would result in a fee being returned?

Sensible answer is Yes but technically No,
Both parties will take extra time to argue and only possible if Lord chancellor is agreed.

What exactly did you ask the MoJ? I am not sure if I understand this short extract, and I am very curious!

[scorpio1]

Sorry little bit late but having very busy time with work.
Directive/2004/38/EC says:

What exactly did you ask the MoJ? I am not sure if I understand this short extract, and I am very curious!

I asked is there any fee for eea family permit appeal?
and pointed out appeal legislation too
In reply got answer yes there is appeal fee as directive is not working directly in the UK.
personally I think as there is nothing written in directive either EC treaty that any member state charge for appeal fee, the only information given is about "processing time" and permit "issuing fee",
Might be that's reason member state can get benefit.

EUsmileWEallsmile says:

If you've been affected, had a successful appeal, don't take it on the chin, fight for your pennies.

I got no result yet but i will go further, and yes I agree need to fight for even single penny(ies), 39 million cost doesn't mean cover from appeal and misappropriate refusal due to misapplication of rules.

[Directive/2004/38/EC]

I think the legal argument about why the fee is not allowed is as follows:

The visa must be issued at no cost.
An applicant that is appealing is charged 140 GBP.
If the appeal succeeds, then the original visa will now have costed 140 GBP to the applicant.
This is against the law.

I think it should be fairly easy to get a refund from UKBA. But better to get them not to charge it in the first place.

[scorpio1]

NOT only 140 GBP but including travl expenses plus time e.g
I was looking in Lithuania and Slovakia, there ar UK diplomatic post but they closed visa section last year for saving money so now if you are non eeu living in Lithuania then must vist to Warsawp Poland 8 hrs one sided drive and
if you are in Slovakia then must visit next country Austria,
Does it making any sense?
after all its matter of 39 Million for saving appeal cost, 2.75 Billion for whitehall or 2.2 billion UKBA budget

at same time Mr Hague addedd "So by 2015 we must aim to be a Foreign Office that is lean and efficient but configured to match the realities of the 21st Century" and announced Uk will open 5 new embassies.

[Directive/2004/38/EC]

NOT only 140 GBP but including travl expenses plus time

I think there is no required travel for an appeal, so I would focus instead on the 140. Simpler and more clear cut.

[scorpio1]

so I would focus instead on the 140. Simpler and more clear cut.

it can be 80 GBP for paper OR 140 GBP for oral hearing.
But still 8 Hrs drive from one side is unreasonable and unacceptable, do you know what I mean. If I see the policies particular "welfare of customer" infact its totally inconvenience especially in harsh weather like last year minus 30 around there.

Thanks

[rachel29]

Could anyone help me with this reviews are no longer avaliable for visa applications so put appeal in as applied under eea directive for a visa to travel to uk but refused as one document was not included now recieved letter for fee has anyone had offical document confirming if payment is needed under eu rulings? we could re apply but this means travelling to embassy and taking time off work and also the embassy keeping the passport and they had it for nearly 3 months the las time then refused under a simple document that they had taken a copy of.

[Directive/2004/38/EC]

Could anyone help me with this reviews are no longer avaliable for visa applications so put appeal in as applied under eea directive for a visa to travel to uk but refused as one document was not included now recieved letter for fee has anyone had offical document confirming if payment is needed under eu rulings? we could re apply but this means travelling to embassy and taking time off work and also the embassy keeping the passport and they had it for nearly 3 months the las time then refused under a simple document that they had taken a copy of.

I am sorry, but I can not understand. It is a lot easier if you write carefully and clearly and review it before sending.

[rachel29]

ok does anyone have a offical document or reply from a offical body stating no fee for eea appeal?

refusal requesting birth certificate. asked if we could just submitt this document to the embassy for review of decison they refused and stated re apply or appeal.

sent appeal now asked for 80 gbp for appeal to be logged.

last application took 3 months to get this negative decision so donet want to have to re apply as they keep passport so no travel.

[EUsmileWEallsmile]

I don't understand the details of your application, but in general for three months is something to complain about!

[rachel29]

OK APPLIED FROM ROI TO GO TO UK CHILD IS IRISH UNDER EU FREE MOVEMENT SUBMITTED APPLICATION AND DOCUMENTS THEY TOOK COPY OF BIRTH CERTIFICATE AND GAVE ORIGINAL BACK ALSO PASSPORT OF NON EU APPLICANT.THEY HAD APPLICATION FOR 3 MONTHS AND THEN GOT REFUSAL SAYING NEEDED TO SUBMITT BIRTH CERTIFICATE TO SHOW RELATED. BUT THE TRIBUNAL SAY NEED TO PAY FOR APPEAL IS THIS CORRECT AS I BELIEVED IT TO BE FREE?

[rachel29]

Thank you for your enquiry to the Your Europe Advice service.
The situation on this is clear. You have a right to enter the UK with your wife and daughter, both of whom are EU citizens. You should only be required to present your passport and your Irish residence card. The residence card should be accepted in lieu of a visa. However, the UK continue to insist on presentation of a valid visa by non-EU family members travelling with or to join EU family members. This is currently being investigated by the European Commission.
Pending the outcome of the investigation, you will require a visa to enter the UK. Since you are travelling with EU family members, the visa should be granted to you without delay or formality or charge. You are required to present only your passport and evidence of your relationship with the EU national. Therefore, the birth certificate of your daughter should have been sufficient to prove the family link in this case. Your passport should not be retained by the British authorities for a three month period. This is unacceptable under EU law. [u]You should not be required to pay for the[/u] [u]appeal under EU law[/u]. Directive 2004/38 provides that you should have access to appeal procedures. There is no reference to payment for such procedures. [u]While it may be permissible to impose a fee to represent the administrative costs of the appeal, a fee of £80-140 appears excessive and would be contrary to the spirit and purpose of EU law.[/u] To try to resolve this matter, I recommend that you refer your case to SOLVIT which is an EU network established to resolve problems caused by misapplication of EU law by public administrations. The website address upon which you will find further details of the service together with contact details for the SOLVIT representatives in Ireland is www.ec.europa.eu/solvit/
I trust that this information is of assistance to you.
Yours sincerely,
Your Europe Advice

[javelin]

Solvit?
Good luck with that.
I submitted a complaint to them (by computer) and when they replied they mixed up the public authority I was complaining about with another institution, and said they couldn't proceed because:
1- they can't take action against that institution and
2- since I already complained to the national authorities there's nothing more they can do

This when:
1- There's a field in the online form that says name of public authority complained about, and
2- their mission is to solve problems precisely after the complaint to the public authorities fails.

Had better understanding from eBay customer support.
Please keep us posted.