Taking the UKBA to the Small Claims Court

[Beany2012]

Well, it's now been more than six months since we lodged my wife's EEA2 Residence Card application and five months since we received her COA.

After spending 30 minutes on the phone to the Home Office today and then learning a decision has still not been reached, I've lodged an official complaint and notified them of my intention to commence legal action.

Couple of things:

Has anyone on this board taken the UKBA to the small claims court and, if so, how much did you claim and what was the outcome?

Does anyone know the name/office address of the head of legal services at UKBA? I want to lodge the application at the earliest opportunity rather than wait the "20 working days" it will take them to respond to my request for this information.

As a national newspaper journalist, I'm also looking forward to putting yet more evidence of UKBA incompetence in the public domain.

FYI, I am a UK citizen married to a South American and I was exercising my EU workers' rights in Spain before our move to the UK last year. Her application is made on that basis. The UKBA have had our passports since early February, meaning we are unable to travel.

[Plum70]

I cannot help with info re taking the UKBA to court but you would have been able to request the return of your passports without affecting the application (the UKBA website has this information). You did not need to be grounded in the UK if you had travel plans in the last 6 months.

[Englandd]

Better to directly try to seek help from european union commission because of that breach because all ukba departments are same who will further waste your time by redirecting here and there to your complaints.

[varna1983]

Well, it's now been more than six months since we lodged my wife's EEA2 Residence Card application and five months since we received her COA.

After spending 30 minutes on the phone to the Home Office today and then learning a decision has still not been reached, I've lodged an official complaint and notified them of my intention to commence legal action.

Couple of things:

Has anyone on this board taken the UKBA to the small claims court and, if so, how much did you claim and what was the outcome?

Does anyone know the name/office address of the head of legal services at UKBA? I want to lodge the application at the earliest opportunity rather than wait the "20 working days" it will take them to respond to my request for this information.

As a national newspaper journalist, I'm also looking forward to putting yet more evidence of UKBA incompetence in the public domain.

FYI, I am a UK citizen married to a South American and I was exercising my EU workers' rights in Spain before our move to the UK last year. Her application is made on that basis. The UKBA have had our passports since early February, meaning we are unable to travel.

I have made an official complaint to the EU Commission today, i would suggest you do the same! Also, contact your local MP and complain! I was in d same situation like u - i am an eea national and at d 6 month they refused my pr unlawfully...giving bulshit explanation! Nevertheless, the refusal letter was dated 5th of August which was Sunday!!!! Imagine d way they deal with applications and the lies they r spitting out and fabricating...good luck!

[Beany2012]

And as if by magic .... the RC and all our documents arrived today, with the RC dated 11 August.

One can't help but feel that they've been sat in a corner for the past few months until the threat of legal action gave them no other option but to deliver them.

Anyway, here's our timeline:

EEA2 sent 06 February 2012
HO received 07 Feb 2012
COA received 14 March 2012
Home Office in breach of EU Laws: 06 August 2012
RC issue date: 11 August 2012
RC received: 16 August 2012

NB: Our original application dated mid-December was rejected in mid-January due to insufficient paperwork.

Good luck to everyone else who's in the same boat and as soon as the 6-month deadline passes fire off emails telling them you plan legal action ASAP.

[orionite]

I cannot help with info re taking the UKBA to court but you would have been able to request the return of your passports without affecting the application (the UKBA website has this information). You did not need to be grounded in the UK if you had travel plans in the last 6 months.

That is correct in theory, but not in practice. The UKBA has been effectively refusing to send us back our passports. I wrote another thread about that on this board. Do you know if there is a legal limit as to how long the UKBA can withhold your passport after you have formally requested for it to be returned?