EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

[zahirsona]

Hi Zahir and everyone,
sorry for not been posted any updates. I was trying to divert my mind as I haven't received anything from HO. Everyday creating hopes is actually disheartening me too much. What about you ? Have you sorted out your COA matter with HO? Why this much delays even after appeal has allowed. We all applied last year. People who applied even in May & June are getting their RC now. So why they put us into that last priority category ? I have seen only 2 people here who received their RC since I started my post here (Samelamin) and (Matma). After that everyone is living under hopes. My prayers are always with you. I hope we all would come with good news very soon.

thanks horizon for your reply i send my first COA and 2nd COA and court determination to MP on 9th November the MP Must write to UKBA why you send another COA after appeal i send email to ukba but no reply me yet i write a letter to MP if the judge allowed appeal they must issue RC not COA

[zahirsona]

hi matma when your appeal allowed which address you send your original passport can you write the UKBA address plz

[nextoapple]

[quote="zahirsona"][quote="nextoapple"]16th April submitted application
13th June - COA
18th September Refusal
Appeal received by 1st-tier tribunal on 28th September (with track mail)
Received notification of receiving my application for paper hearing - decided to change to Oral hearing around 6th October
Sent email to request the change to Oral hearing and received a new invoice to make up £80 on 16th October
1st-tier Tribunal received my money on 22nd October.
Hearing Letter received on 6th November (dated sent out on 1st November)
Hearing date 28th November.

Do you think I need a lawyer to go with me? Any advice please? I'm so nervous now.

Many thanks.[/quote]
Yes u must meet with solicitor if he go to court with you, and the judge must allowed your appeal but your documents must complete good luck[/quote]

Thanks Zahirsona. It's been helpful.
Hope everyone are doing fine. I know how desperate. I tried to work out the maths why it takes so long.
I remembered someone mentioned since the EEA service is free (by EC law), so their funding comes from other charged service so the resources are really tight.
They set the date for 6 months because the process can't be done forever and ever. So when the date is approaching and the case workers find out there are cases that might 'slightly' lack of information they would refuse the application but allow you to appeal at First Tribunal. From that point it's not UKBA's business anymore, it's the Tribunal decision so the 6-month rule doesn't apply. The clock starts again but at First tribunal they don't have to pledge how long does it take to handle your appeal.
I don't want to blame the case workers as it's not their fault.
If we want the process faster if only EC allows UKBA charge for the service so they can put extra people do our case and fasten up the process.
If we want it free, it turns out we pay much more to feed the lawyer.
Gutted.

[rachellynn1972]

After six weeks of appeal won, we call the european centre and they said they have no update on my spouse records, so we post a letter and the information of travelling together including the appeal decision to them two weeks ago. We call again yesterday and was told the record has been updated that it is under reconsideration with case worker, so we told the person on the phone that we won appeal that we did not ask for reconsideratio but the person reply that yes she can see it that in their own office it is called reconsideration, whereby the case goes back to the case owner who refused it in the first place. Do anyone here know about this and is this the right process of issuing document after appeal won?

[Phina]

Hi everybody,

I understand its sad how long things are taking but keep pray and have faith and it will all come together. My application process started feb. 2011 and its funny because the two refusals were made on the last day of the 6th month but I decided to appeal at the second one. My appeal was in june 2012 and i received my decision in July and waited almost forever for UKBA to get back to me. My solicitor wasn't that on my case so i took matters into my hands, calling, emailing and doing anything I could. Anyways, I received my passport and RC last tuesday and I was very grateful to God and also this forum because I wouldn't have been able to do it if I hadnt read posts and comments from this forum. So if you are still waiting, just keep faith and pray to God and it will happen.

I think the reason it takes longer for UKBA to answer after appeal is because they don't have a set out time for it whereas they are required to answer a fresh application at 6months.

Good luck everyone and thanks once again.

[zahirsona]

hi phina and everybody
thats good news you say you received your RC and Passport after 4 month after you won the appeal can you tell me when your appeal was allowed did you send your original passport and court determination and photos which address did you send your passport, my appeal was allowed on 31st August 2012 and i received court determination on 14th september 2012 and i send email to LiverpoolEuro.PassportReturns@ukba.gsi.gov.uk and explain my appeal was allowed and i want to send my passport photos and court determination they replay me with in 1 hours and send me the UKBA address: UK Border Agency
European Application P O BOX 306 Dept 45 Liverpool L2 0QN
i send my passport court determination photos on 29th september 2012 and they send me again COA on 17th October 2012 i send them email but still no reply can you give me the UKBA correct email and phone number thanks
today i send email to UKBA but they send automatic response i dont know they change email or what

[zahirsona]

i call today to Liverpool European appreciation the lady speak with me on phone she is very nice she pick my phone with in 1 min and i explain my appeal was allowed and i send my passport for RC but she told me your case is under considerations you must wait

[zahirsona]

Hi horizon and all
Any good news from HO from last week no one write any post

[horizon1985]

Hi Zahir and all,
No news from HO. Still waiting. As I have seen from people timelines that it takes from 2 months to 4 months to receive documents after appeal allowed. I contacted my solicitor recently. He tried to contact them but waiting was so long so he had to hanged up. The best thing is to be patience and call once in a week to ask about your progress. In that manner it would take maximum 4 months to receive RC. Someone said right that HO is not bound by 6 months rule like EEA applications. But I am hoping that we all receive our RC before Christmas. GOOD LUCK GUYS!

[rachellynn1972]

Hopefully we all get a christmas gift and a new year present by december. On their website they said 8wks, but to them manybe 8months

[LucieMic]

Hello all!!
Applied: 14.07.2012
CON: 22.10.2012
Refusal : 20.10.2012
Hello guys need a help urgently pleeeeeease help!!!

IN SHORT: RC for my husband was refused as I applied as a Jobseeker but moth later send letter with new job contract and explanation. After 4 month HO send us refusal on grounds of not providing sufficient evidence and we do not know whether to send a new application or send an appeal. Can you appeal only once??? His clearance entry visa expired on 20/07/2012 and we are not sure what to do  SOS!!!!!

My husband of Cuban nationality applied in July for his residence card in UK after he came here in January through visa entry clearance. I am a EEA national of Czech Republic who has been living here for nearly 10 years and recently finished my degree. Of course during my stay here I was always working with few little gaps and never received any benefits. A while before we sent our application I lost my job due to the office downsizing. We therefore send our application on the basis of me exercising my treaty rights as a job seeker. We were worried that this might be a problem and were advised by lawyer and citizen bureau advice not to register with job centre and claim benefits but recommended to send evidence that I am actively seeking work. I sent emails from agencies,job interview appointments and contracts from recruitment agencies, refusal emails along with explanation and letter from my previous employer which stated that I left my job involuntarily. At that time my husband only just started working for marketing agency where he did not have any certain income and could not provide any payslips but just a casual contract. Now he has another job with regular income and I am also working.

We also sent my previous payslips, p45s, p60s, tenancy agreement and letter from landlord where he confirmed that we cannot provide any other bills as a prove of address as our contract is inclusive of all bills. My husband was also unable to open bank account or get a joint account with me as banks asked for prove of address and bank also said his visa was not valid long enough (when we finally found bank who would accept letter from landlord along with contract). In addition banks were hesitating to open bank account for Cuban national due to US embargo restrictions.

We were delaying sending our application as we were hoping that I will find a job and can apply as worker. The time was running out and we then applied with me as a job seeker. Not long after that I found a job and send a letter to border agency on 21/08/2012 saying that our situation has now changed and included my work contract, letter with explanation of everything which included my tracking number from post office. We checked the tracking and the letter was delivered.

Now after 4 months we have received a letter which stated that the application was refused because we have not provided evidence that we are exercising the treaty rights as we failed to provide an evidence in form of a letter from Job centre or evidence that I was receiving job seeker allowance.

Furthermore the letter stated that we did not provide an evidence of us living in the same property and suggested that the ideal documents to prove this would be -council tax bills with our names on it or joint bank account. We cannot provide any of these things as my husband cant open a bank account and therefore it is difficult to have a bill on his name. As previously mentioned we included a letter from landlord stating that we reside at the property and all our bills are included. The tenancy agreement with both of our names on it was as well sent as evidence.

We noticed that the summary sent to us by border agency where they described history of our application did not include anything about us sending a second letter with my contract and for this reason we thing it was never acknowledged. We tried to call the home office but could not get through to speak to anybody to clarify this. Other documents such as letter from landlord and other letter from university was never acknowledged and was never send back to us with rest of the evidence.

Now the notice is asking us to send an appeal (if we want to) and explain why and on what grounds they should reconsider our application and we also have to pay appropriate fee for this - which in my opinion is unjust.

We are now both working and can provide our payslips since the month of August.

We would like to send the application by the end of next week as we only have a short time to do so.

PLEASE HELP!!!

Many thanks!!!!

[LucieMic]

refusal date 20/11/2012

[zahirsona]

Hi The best way to do appeal

[LucieMic]

Hi The best way to do appeal

Many thanks zahirsona for your reply!!!

In the reason of refusal they are stating that we can appeal but they are also saying that if the eea national is working since applying for a residence card - we should make a fresh application. Why ??Could it be because we are applying on different grounds?? I dont want the appeal to fail because of that... Does anyone knows how many times we can appeal (I hope that there wont be need!!!) ????


When I sent a letter with my work contract and covering letter to HO one month after we applied for RC we assumed that they will take this into consideration ( as I think you are expected to get a job within the six months if applying as a jobseeker - right??) but this evidence was never acknowledged although it was received by HO (according to tracking number). Also I think that at that point on 24.8.2012 our file was not assigned to a caseworker yet, as the CON was only received on 22.10.2012, so they should have looked at everything together from the starting point.


I hope I am making sense!!!

Would be grateful for any comments!!!!

Thanks you!!!!

[zahirsona]

Hi The best way to do appeal

Many thanks zahirsona for your reply!!!

In the reason of refusal they are stating that we can appeal but they are also saying that if the eea national is working since applying for a residence card - we should make a fresh application. Why ??Could it be because we are applying on different grounds?? I dont want the appeal to fail because of that... Does anyone knows how many times we can appeal (I hope that there wont be need!!!) ????


When I sent a letter with my work contract and covering letter to HO one month after we applied for RC we assumed that they will take this into consideration ( as I think you are expected to get a job within the six months if applying as a jobseeker - right??) but this evidence was never acknowledged although it was received by HO (according to tracking number). Also I think that at that point on 24.8.2012 our file was not assigned to a caseworker yet, as the CON was only received on 22.10.2012, so they should have looked at everything together from the starting point.


I hope I am making sense!!!

Would be grateful for any comments!!!!
Thanks for reply if u have complete document that's fine you send appeal same like me I was send tax returns documents after 3 month they refuse me and the case worker not see tax return paper and refuse my application I send appeal to First Tier Tribunal and explain evrything I send this tax returns paper but the case worker refuse my application and the reason is they not pay tax I also send tax return paper to court and the judge allowed my appeal within 45 days and the judge also refund me the court fee u must send appeal why you wait again 5 to 6 month
Thanks best of luck

[LucieMic]

Hello all!!

Does anybody has an experience with appeal after EEA national applying as a jobseeker and then sending evidence that I became a worker after one moth, yet the evidence - original work contract was never acknowledged and never sent back to me!!! Do I now appeal with just a copy and my payslips??? Also is joint tenancy and letter from landlord confirming that all our bills are included in rent sufficient as a prove of living together??

Many thanks!!!

[horizon1985]

HI Zahir and my dear fellows,

uffff how i tell ??? I woke up this morning and got a phone call from my solicitor that my RC has arrived....ufffff my GOD ...guys i cant tell you what i felt and still feeling at this time ..after a long long struggle it has finally in my hands....I am so much thankful to everyone who supported me here with their words and suggestions. my RC issued on 21 November and I received today. My prayers are with all of you GUYS...just never give up... success will be yours. ALL THE BEST TO ZAHIR AND EVERYONEEEE who is in waiting time and also who are in the process of appeal and to those as well who are applying for EEA2. Trust me guys it is a great relief. ALL THE BEST GUYS ..you are all in my prayers!

Regards.....

[LucieMic]

Congratulations to Horizon!! That is great news!!
Would anybody would find a minute and write any suggestions on my previous posts pleeeeease???

Thanks!!!!

[mobismome]

hi horizon am happy for you . i want to ask you a couple of questions

1 was your rc issued on a piece of paper as you said your passport has expired

2 did you or solicitor write a letter / email to home office to issue the rc as soon as possible.

3how long did you wait before you got your rc after appeal allowed.

[horizon1985]

hi horizon am happy for you . i want to ask you a couple of questions

1 was your rc issued on a piece of paper as you said your passport has expired

2 did you or solicitor write a letter / email to home office to issue the rc as soon as possible.

3how long did you wait before you got your rc after appeal allowed.

Thanks Mobismome,
1. Yes, my residence card has been issued on A4 size paper as my passport was expired in the possession of Home office.

2. Actually my grandmother passed away few weeks ago so I was desperate to attend her funeral services. It could be pointless to say I attended that but I told my solicitor to write them a letter because I was mentally ill and wanted to be among my family members on that event that is why few people on this forum didn't find me here for weeks because of depression.

3. It took 13 weeks in total to receive RC after appeal allowed.

[horizon1985]

Congratulations to Horizon!! That is great news!!
Would anybody would find a minute and write any suggestions on my previous posts pleeeeease???

Thanks!!!!

Thanks for your wishes LucieMic..
Hmm in your case whatever I understood is same as you mentioned that your grounds has been changed but to be honest there are lots of loopholes and arguments that can be raise during appeal. Lots of reasons can be presented at the time of appeal. But the best thing to ask solicitor. Everyone can give you different advise but my advise is to seek a good solicitor.
regards

[zahirsona]

HI Zahir and my dear fellows,

uffff how i tell ??? I woke up this morning and got a phone call from my solicitor that my RC has arrived....ufffff my GOD ...guys i cant tell you what i felt and still feeling at this time ..after a long long struggle it has finally in my hands....I am so much thankful to everyone who supported me here with their words and suggestions. my RC issued on 21 November and I received today. My prayers are with all of you GUYS...just never give up... success will be yours. ALL THE BEST TO ZAHIR AND EVERYONEEEE who is in waiting time and also who are in the process of appeal and to those as well who are applying for EEA2. Trust me guys it is a great relief. ALL THE BEST GUYS ..you are all in my prayers!

Regards.....

hi horizon firstly i am really to sorry to hear a bed news about your grandmother and congratulation for your RC i am very happy for you you got RC and mine no news yet i send my passport and photos and court determination on 29th September 2012 but they send me again COA on 17th October 2012 i don't know how they send me COA again once again horizon congratulation you say after appeal your RC like 13 week its long time maybe mine one coming next month first week best of luck everyone

[mobismome]

horizon so your saying your solicitor wrote a letter to ukba to issue rc as soon as possible

[diane]

Congratulations Horizon!

Can you tell us the timeline of your application..would help alot!mentally at least

HI Zahir and my dear fellows,

uffff how i tell ??? I woke up this morning and got a phone call from my solicitor that my RC has arrived....ufffff my GOD ...guys i cant tell you what i felt and still feeling at this time ..after a long long struggle it has finally in my hands....I am so much thankful to everyone who supported me here with their words and suggestions. my RC issued on 21 November and I received today. My prayers are with all of you GUYS...just never give up... success will be yours. ALL THE BEST TO ZAHIR AND EVERYONEEEE who is in waiting time and also who are in the process of appeal and to those as well who are applying for EEA2. Trust me guys it is a great relief. ALL THE BEST GUYS ..you are all in my prayers!

Regards.....

[MONIQUITA]

Hi Zarishona

I am so happy for you. Finally after a long wait. I am sorry for the death of your grandmother. You definitely needed to be among your relatives, and no one could deny your attendance to that event.

My prayers are with those waiting, included me. 14 weeks yet.

Best,


Mónica