EEA1&EEA2-how long does it usually take to proceed ??

[freedom83]

I have sent EEA1 and EEA2 forms the end of June 2006.
After 3 months HO have sent confirmation of recieving all forms and docs eg. bills , photos etc. Unfortunately, it was not enough for them and they required more proof. I sent all back to them as requested.
It 's April already and my frustration and impatience is killing me!
I must say all this shows how strong my relationship is...
Me and my partner are "trapped"- but that is another story.

Does anyone have an idea how long does it take???

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[sakura]

Actually it's still March

EEA applications should take a maximum of 6 months, but, since you mentioned that they asked for more information, this would have caused some delay...when did they ask for more information? Still, it is more than 6 months now.

Also, where is your EEA partner from? And you?

[Docterror]

Freedom83, unfortunately the Home Office(HO) takes almost 6 months even for straightforward cases in which the EEA family member is not from the Ascession member states and are married and the non-EEA partner has not overstayed.

Since you have been working over here for the past 3 years, you being from Poland should not be a problem. But you have left a lot to the discretion of the caseworker who sees your case especially because your partner will be seen as an overstayer who falls under the definition of an "extended family member" as you are not married to him. I do not want to be scaring you at this time but the HO might take care not to set a precedent by approving your application in which any person could just come to the UK in any way as an illegal entrant or an overstayer, find a EEA national, live with the EEA national for 2 years and then legalise the stay as an unmarried partner. If such a scenario was to unfold, anyone with tourist visa could easily become to be viewed as a potential settler.

Have you tried to chase up your case with the help from your local MP?

[thsths]

> EEA applications should take a maximum of 6 months, but, since you
> mentioned that they asked for more information, this would have caused
> some delay...when did they ask for more information?

Yes and no. The law is very clear that 6 month is the absolute acceptable maximum, including delays. It implies that the normal process has to be significantly faster. So my advice would be to get a lawyer. There is even the chance that you can reclaim your legal expenses, but of course you should ask a lawyer about that.

If you don't want to pay a lawyer, you should at least complain. The first point is the Home Office itself, and if they don't respond (which is my experience), you should turn to your MP.

Independently, you should also file a complaint with the European Union. I think SOLVIT is probably the right place to do this (http://ec.europa.eu/solvit), and they have a good chance of resolving the situation quickly, because they use informal contacts. You can also complain to European Commission. This will go through the official channels (which does put more pressure on the UK), so it will take significantly longer.

Of course if Docterror is right, the Home Office may not want to grant the application. So if you push the case, they might be more likely to reject the claim. So do you feel that you have a case good enough to appeal a potential rejection? If in doubt, you should absolutely consult a competent lawyer.