EEA Family Permit and British High Commission problems

[nea200pl]

Hello!

I have few problems with British High Commission in Accra, Ghana.

I am a Polish citizen with UK Residence Permit which expires in two years time. I have been living in the UK and working since 2001. Me and my now husband been together since November 2001, living together since February 2002. He's Ghanaian citizen and overstayed in the UK since 2000.
In 2004 I've applied to Home Office for Residence Permit documents for him and me. I was granted but his was refused based on HO supposedly not having enough evidence of us living together for over two years. Our lawyer sent Reconsideration Letter which was stuck in the HO without response up to early 2007.

In May 2007 we have withdrawn our case and went to Ghana to get married and apply for EEA Family Permit from there.

We got married on 29th May 2007 and apply for Permit at British High Commission day after. My husband was given interview date for 31st May 2007.
We had all documents needed (including copies of all the stuff as they are not accepting only originals). After 7.5(!) hours of waiting my husband got called finally. Whole conversation with the lady interviewing him took about 10 minutes and she said that after looking at our documents she only need to see his current bank statements. She gave him letter saying to come back with them up to one month time. I had to go back to the UK and I sent them.
He went back on Thursday, 7th June 2007. Lady interviewing looked at the statements and told him she is granting him EEA Family Permit. He received special letter, which I've noticed only people granted visas got, with his reference letter and invitation to come and pick his passport up at 1.30pm the same day. He went back and problems started.
Lady at the counter couldn't find hist stuff and after some enquiries told him his application has been taken for further consideration by Entry Clearance Officer! How is that possible if he was already granted his Permit! She told him they will call him Friday, 8th June 2007 and if not he should come back following Monday.
They haven't called and he went back Monday, 11th June 2007. At this point lady ask him if he can leave his passport with them which my husband left at the start of application process (this people don't even accept your application without passport). On his request to speak to someone as he was granted his Permit already he got replay there's no one to talk to and he later received letter telling him his application has been forwarded for further consideration and he shouldn't come to British High Commission until they called him. But he was already granted his Permit!

I have few questions. Can they do that and if yes on what basis? He was already granted a Permit and received the letter telling him to come and pick it up - why so much drama and conspiracy? I just hope they haven't lost his passport or gave it to someone else by mistake and now trying to buy their time.

Please, what can I do? I am appalled by their conduct and we really need help. Is there any law or institution I can contact about it?

[thsths]

Please, what can I do? I am appalled by their conduct and we really need help. Is there any law or institution I can contact about it?

Let me first give you a guess about your application. Obviously you satisfy the requirements for getting an EEA family permit, and it may be already in your husband's passport. However, the British Consulate refers cases to the Home Office if there are any doubt about the application. The fact that your husband overstayed a previous visa may have triggered a thorough check. This is done in the UK, so the decision is no longer with the local consulate.

This is a normal process and legal. But according to the law, the application has to be given special priority. So you should get a decision within weeks. If you can wait a bit, that may be the easiest option. Contacting the consulate or the Home Office is probably futile, since they are not exactly known for good customer service.

Of course you have a number of options, if you want to complain. This may speed things up, or at least you will get an explanation. The best thing is probably to use the SOLVIT service http://ec.europa.eu/solvit/site/index_en.htm . The people there are very helpful with all kinds of European integration matters. They can contact the Home Office and at least determine the reason for the delay. You should get an answer within a few days.

You can also call your MP (member of parliament), who can contact the Home Office for you. It depends on the person and how passionate he or she pursuits your case. Again you should get an answer within a few days, but I would not expect too much from this side.

[nea200pl]

Thank you for your replay.

I can understand all the checks, however, lady interviewing my husband knew he overstayed in the UK and even had fax from the Home Office with some details on it. She was even surprised my husband decided to come back to Ghana and apply from here. He explained the situation to her.

But why was he given a letter first to come and pick his passport/visa up and then told case is pending future enquiries? Shouldn't they do it straight? Lady interviewing had all details about him including Home Office case details.
Can they took his Permit away if he was told he was granted it already? If yes, on what basis?