EEA2 Application Timelines - ONLY 1 TOPIC - UpToDate

bluebay · Post by **bluebay** » Tue Jul 16, 2013 3:48 pm

Hello

Today I received a phone call from Home Office saying that a decision was made on friday and all documents posted and I should get it this week.
I was very surprised that they called. Excellent service

the only thing is that my layer is on holiday

I'm really stressed as it is a torture to wait

Time line: EEA2 ROR 15th March
COA 28 march

Decision made on 12 July

sammi1111 · Post by **sammi1111** » Tue Jul 16, 2013 3:49 pm

After 9 months rejected bcoz dint provide original passport to ho ...my solicitor certified copies n sent it but ho refused n no right of appeal ...I'm realy stress as my solicitor faced my life and saying that we can send again same docs with original passport of my wife to review the case? Is it ok guys to send for review n will ho charge me new fess or for reviewing case is free? Plz help

macpie · Post by **macpie** » Tue Jul 16, 2013 4:44 pm

sammi1111 wrote:After 9 months rejected bcoz dint provide original passport to ho ...my solicitor certified copies n sent it but ho refused n no right of appeal ...I'm realy stress as my solicitor faced my life and saying that we can send again same docs with original passport of my wife to review the case? Is it ok guys to send for review n will ho charge me new fess or for reviewing case is free? Plz help

In my view the way this so-called lawyer handled your case is completely appauling. He/she clearly is clueless with regards to EEA applications and shouldn't be offering his services to those applying under EU legislation. As it was stated above, it is compulsory to send original IDs and the lawyer should know that. I would refuse to pay for his services and probably would expect him to pay the £55 fee for a new application. He waisted your time.

sammi1111 · Post by **sammi1111** » Tue Jul 16, 2013 4:46 pm

WHAT SHOULD I DO NOW PLZ GUIDE ME AS THERE IS NOR IGHT OF APPEAL AND MY VISA EXPIRED ALREADY N HO DINT GIVE ME MY PASSPORT BACK?WHAT SHOULD I DO CN I SEND THEM AGAIN WITH ORIGINAL EU PASSPORT TO REVIEW MY CASE PLEASE HELP ME

edumlo · Post by **edumlo** » Tue Jul 16, 2013 4:55 pm

Sammi, as long as your spouse is exercising treaty rights you have the right to remain legally in the country even without a RC, you can submit a new application but not ask for reconsideration of the previous one, since you have not provided right documentation. Send a new complete application, with the new form and the 55 pounds fee. This time with all the requested ORIGINAL documents. You do not need a solicitor to do that for you.

macpie · Post by **macpie** » Tue Jul 16, 2013 4:55 pm

I would make a new application and write a cover letter explaining the situation. As long as your wife/husband is exercising treaty rights in the UK you can't be removed from the Uk regardless of your expired visa.

edumlo · Post by **edumlo** » Tue Jul 16, 2013 4:58 pm

My Timeline is:

EEA1 & EEA2 sent: 14/05/13
Received by UKBA: 15/05/13
COA (with right to work)received: 23/05/13 dated 20/05/13

EEA1 RC received: 15/07/13 dated 05/07/13
EEA2 RC????

Does anybody know if it is normal for EEA1 to be sent separately??
And how long they take to issue the EEA2 RC after sending the EEA1?

Cheers

sammi1111 · Post by **sammi1111** » Tue Jul 16, 2013 4:58 pm

BUT GUYS MY VISA WAS EXPIRED BEOFRE SO HW I CAN MAKE NEW APPLICATION NOW ?HO KEPT MY PASSPORT ..

edumlo · Post by **edumlo** » Tue Jul 16, 2013 5:01 pm

When you send the new application quote the case number of the previous application and the reason why your passport is not attached ( as they are holding it ), as an EEA family member the fact that your visa has expired does not make you illegal as you have the same rights as your spouse, as long as your spouse is exercising treaty rights.

sammi1111 · Post by **sammi1111** » Tue Jul 16, 2013 5:05 pm

BUT MY SOLICITOR TOLD ME THAT U CANNOT MAKE NEW APPLICATION ..SHE WILL SEND MY WIFE ORIGINAL PASSPORT WITH SAME DOCS TO HO FOR REVIWEING CASE AGAIN

edumlo · Post by **edumlo** » Tue Jul 16, 2013 5:07 pm

Does not sound like your solicitor knows what he is doing or you would not be in this situation right now, but if you believe that he is doing the right thing I can only wish you good luck!!!

sammi1111 · Post by **sammi1111** » Tue Jul 16, 2013 5:09 pm

i m realy stressed.dnt know what to do? as it was'nt my mistake n even caseworker supposed to ask to see original passport but he never ask n rejected straight away my eea2...do u know any1 who got review eea2 after refusal ?will they review if i send original passport of my eu wife with same docs??

edumlo · Post by **edumlo** » Tue Jul 16, 2013 5:14 pm

Mate, just read the rules in the UKBA website, it was you mistake and yours only as it is you responsibility to submit the right ORIGINAL documents and the caseworker has the right to base the decision solely on what you have sent.
You had 09 months to sent the passport and you didnt, you have no right of reconsideration as you have no right of appeal. You can only make a new application, nothing else, dont kid yourself you are only gonna waste more time.
Do what is right this time.

sammi1111 · Post by **sammi1111** » Tue Jul 16, 2013 5:17 pm

i respeect ur advicing me but just last time tell me can i make new application still same docs and my visa is already expired so? will it be ok

edumlo · Post by **edumlo** » Tue Jul 16, 2013 5:19 pm

Of Course you can!!!

sammi1111 · Post by **sammi1111** » Tue Jul 16, 2013 5:20 pm

but im overstayer now n ho kept my passport but my solicitor says ho send passport seperate apart from other docs and if i make new application i will b consider overstayer is'nt?

edumlo · Post by **edumlo** » Tue Jul 16, 2013 5:22 pm

I hope that by same documents you mean updated ones, right??? I mean current, payslips, current bank statements, etc...
Is that what you mean or you wanna send the documents you sent one year ago???

sammi1111 · Post by **sammi1111** » Tue Jul 16, 2013 5:24 pm

same docs as i changed adres 2 weeks ago n also sent to ho for sum new docs .so hw i cn send new application as i seend sumwhere that after visa expired n with no right of appeal there is no new application submitting option ...? and is i send my visa was expired in nov 2012

edumlo · Post by **edumlo** » Tue Jul 16, 2013 5:24 pm

You are never considered an overstayer if your wife is exercising treaty rights. Read Directive 2004/38/EC. You can submit a new application just as before.

edumlo · Post by **edumlo** » Tue Jul 16, 2013 5:26 pm

New application is not an option they give to you, it is your right as the family member of an EU citizen exercising treaty rights.

sammi1111 · Post by **sammi1111** » Tue Jul 16, 2013 5:31 pm

so if i submit myself new application with all same docs n original passport where to send durham r liverpool n how to pay fee?

edumlo · Post by **edumlo** » Tue Jul 16, 2013 5:35 pm

http://www.ukba.homeoffice.gov.uk/sitec ... /eea21.pdf

You can find all the instructions in the form.

Imshzd · Post by **Imshzd** » Tue Jul 16, 2013 5:44 pm

sammi1111 wrote:i respeect ur advicing me but just last time tell me can i make new application still same docs and my visa is already expired so? will it be ok

Reconsideration is a quick way.
But attach your wife's current treaty rights as well.

bonita · Post by **bonita** » Tue Jul 16, 2013 7:18 pm

Who do tou complain to, kathryn elliott or marje Clarke

adripdv · Post by **adripdv** » Tue Jul 16, 2013 11:45 pm

Hi guys

I have a silly question I am filling the documents return request, simple because I am waiting for almost 10 months, what should I put as main reason long waiting or do I need to give a reason such as travel arrangements, and as a Date documents required, can be by the end of the month (July, or should I put specific dates ?

Please someone help me.
Thanks

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EEA2 Application Timelines - ONLY 1 TOPIC - UpToDate

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