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EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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dollarh
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Joined: Sun Oct 20, 2013 11:07 am

appeal

Post by dollarh » Tue Oct 22, 2013 7:51 pm

I got a letter frm the court tht the homeoffice has withdraw their decision.does it means am going to get my rc or wat? I really need help

A_D21
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Joined: Wed Apr 10, 2013 4:20 am

Congrats

Post by A_D21 » Wed Oct 23, 2013 9:17 am

Hi
Yeah that means they are goin to issue the RC.
How many days before your courtdate you received the letter?

dollarh
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eea2 appeal

Post by dollarh » Wed Oct 23, 2013 12:46 pm

My hearing was 4/10/2013 and i recieve the letter was dated on the 8/10/2013 but my lawyer wrote to the court tht wedid not ask for oral hearing so we didnot go to the hearing on tht day and we got litter frm the court date 8th tht the respondent has withdrawn his decision

Davmck70
Member
Posts: 161
Joined: Thu Jun 20, 2013 6:36 pm

Re: Self employed

Post by Davmck70 » Fri Oct 25, 2013 12:09 pm

A_D21 wrote:Hi,

My hearing will be next week. My wife is self employed . I was wondering which documents should we submit to have a strong case?

She doesn't have business bankaccount nor does she have any ad.

Thanks in advance.
Its a pity no one replied. Its simple and free to create an ad on yell. It does not matter if she does not have a business account. any bank account in her name will do as well as self assessment letters from HMRC, accountant's letters, proof of NI contributions being paid.
I hope this helps

Davmck70
Member
Posts: 161
Joined: Thu Jun 20, 2013 6:36 pm

Re: eea2 appeal

Post by Davmck70 » Fri Oct 25, 2013 12:10 pm

dollarh wrote:My hearing was 4/10/2013 and i recieve the letter was dated on the 8/10/2013 but my lawyer wrote to the court tht wedid not ask for oral hearing so we didnot go to the hearing on tht day and we got litter frm the court date 8th tht the respondent has withdrawn his decision
Congratulations. It takes a while for them to issue RC after checks have been made. Did you perform a biometrics?

dollarh
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Joined: Sun Oct 20, 2013 11:07 am

eea2 appeal

Post by dollarh » Fri Oct 25, 2013 1:15 pm

Thanx but does it mean the home office made a mistake in refusin me tht is why they withdraw their decision or wat??

hunter1
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Joined: Thu Mar 28, 2013 11:38 pm
France

Appeal won, recieved determination letter, waiting for RC

Post by hunter1 » Fri Oct 25, 2013 8:34 pm

Appeal won, recieved determination letter on 1st Oct 13 (Dated: 26th Sept 13). Its 4 weeks now, time to contact HomeOffice for endorsement of visa. Can anyone help me where to call, post or email?

Is it a good idea to send 2xpassport size photographs for endorsement of visa on passport (otherwise A4 size visa letter will be issued). Also prepaid self addressed envelop for returning documents?

How long will it take more to get RC? Any experience? Thanks

Best of luck to all of you

Best

chinasa12
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Joined: Sat Oct 05, 2013 6:15 pm

Re: Appeal won, recieved determination letter, waiting for R

Post by chinasa12 » Sat Oct 26, 2013 12:40 am

hunter1 wrote:Appeal won, recieved determination letter on 1st Oct 13 (Dated: 26th Sept 13). Its 4 weeks now, time to contact HomeOffice for endorsement of visa. Can anyone help me where to call, post or email?

Is it a good idea to send 2xpassport size photographs for endorsement of visa on passport (otherwise A4 size visa letter will be issued). Also prepaid self addressed envelop for returning documents?

How long will it take more to get RC? Any experience? Thanks

Best of luck to all of you

Best
Congrats boss

Davmck70
Member
Posts: 161
Joined: Thu Jun 20, 2013 6:36 pm

Re: Appeal won, recieved determination letter, waiting for R

Post by Davmck70 » Sat Oct 26, 2013 4:33 pm

hunter1 wrote:Appeal won, recieved determination letter on 1st Oct 13 (Dated: 26th Sept 13). Its 4 weeks now, time to contact HomeOffice for endorsement of visa. Can anyone help me where to call, post or email?

Is it a good idea to send 2xpassport size photographs for endorsement of visa on passport (otherwise A4 size visa letter will be issued). Also prepaid self addressed envelop for returning documents?

How long will it take more to get RC? Any experience? Thanks

Best of luck to all of you

Best
It takes a while for them to receive the determination from the IAC and then process it through their system before they run checks again. I am not sure if they will call you for biometrics or not necessary under the EEA route. I called on 0870 606 7766 and was told to be patient they will contact via post. Its 3nd week am waiting now so will give them another 2 weeks.
RC will be on A4 paper if passport is expired. Pls do not send passport photo unless they state you should. all the best

anisatam
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Appeal Allowed on 1st Oct . letter rcvd 11th oct

Post by anisatam » Sun Oct 27, 2013 8:04 pm

Hi All,

My appeal was allowed and I received the letter from IAC on 11th Oct 2013.
It was a very straight forward case and it took literally 10 mins in the hearing room. The Home office lawyer didn't have any questions to ask and the judge told us straight away that he was allowing the appeal.

Now I am wondering when I should get in touch with the Home Office to get my passport back with the residence card on it. Are there any emails I can write to??

Its been a year since I had originally applied and I would love to get my passport back asap.

Also, Do I get the right to work if my appeal was allowed or do I have to wait until I receive the passport again?

Thanks.
Ani

Davmck70
Member
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Re: Appeal Allowed on 1st Oct . letter rcvd 11th oct

Post by Davmck70 » Sun Oct 27, 2013 8:28 pm

anisatam wrote:Hi All,

My appeal was allowed and I received the letter from IAC on 11th Oct 2013.
It was a very straight forward case and it took literally 10 mins in the hearing room. The Home office lawyer didn't have any questions to ask and the judge told us straight away that he was allowing the appeal.

Now I am wondering when I should get in touch with the Home Office to get my passport back with the residence card on it. Are there any emails I can write to??

Its been a year since I had originally applied and I would love to get my passport back asap.

Also, Do I get the right to work if my appeal was allowed or do I have to wait until I receive the passport again?

Thanks.
Ani
All your questions are already answered just read above your post. You can look for work but not sure any employer will allow you work till you receive the RC. I am looking for work though...

hunter1
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Posts: 18
Joined: Thu Mar 28, 2013 11:38 pm
France

RC Recieved

Post by hunter1 » Fri Nov 01, 2013 8:13 pm

Hi everyone,
I have received my Residence documentation today. Its on my passport not A4 paper.

After awaiting a long time finally got the best Christmas treat! Time for Europe tour now. See you after 5 years.


My Timeline:

EEA2 Application Sent: 27 Dec 2012
EEA2 Application Received by UKBA: 28 Dec 2012 (According to Royal Mail Next Day Special Delivery)
COA Recieved: 26 January 2013 (Dated: 18 January 2013)
Date of Application written in COA: 16 January 2013 (suppose to be 27 dec 2012 ?)
Rejection Letter Received: 27 Mar 2013 (Dated: 21 Mar 2013)
Appeal Lodged: 5 April 2013
Appeal Hearing: 20 Sept 2013
Appeal Allowed: 22 Sept 2013 (Date Stamped on determination letter)
Appeal Determination Letter Recieved: 1st Oct 2013 (Dated: 26 Oct 2013)
RC ISSUED ON: 20 Oct 2013
RC Received from Solicitor: 1st Nov 2013

anisatam
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Re: RC Recieved

Post by anisatam » Sun Nov 03, 2013 2:43 pm

hunter1 wrote:Hi everyone,
I have received my Residence documentation today. Its on my passport not A4 paper.

After awaiting a long time finally got the best Christmas treat! Time for Europe tour now. See you after 5 years.
Thats great news Hunter.
Could you please tell us if you had to contact the Home Office for the RC after you received the determination letter from the court?
Thanks
Ani

ninkas
Junior Member
Posts: 90
Joined: Tue Sep 10, 2013 12:33 pm
Poland

Post by ninkas » Sun Nov 03, 2013 8:06 pm

our application was successful and took only 8 weeks altogether :-) This forum is fantastic and I've learnt a lot from here so I would like to contribute as well as much as I can.With our documents.we received 2 letters-on those letters appears 2 useful numbers.Not sure if you guys know them already so I'm writing then down : FAX 01512132909 ,TEL 08706067766 UK Visas and Immigration Permanent Migration Liverpool
Hope it might help to chase documents

anisatam
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Joined: Thu Apr 04, 2013 8:13 pm

Post by anisatam » Sun Nov 03, 2013 9:49 pm

ninkas wrote:our application was successful and took only 8 weeks altogether :-) This forum is fantastic and I've learnt a lot from here so I would like to contribute as well as much as I can.With our documents.we received 2 letters-on those letters appears 2 useful numbers.Not sure if you guys know them already so I'm writing then down : FAX 01512132909 ,TEL 08706067766 UK Visas and Immigration Permanent Migration Liverpool
Hope it might help to chase documents
Is this for chasing documents after the appeal is won?
Thanks

ninkas
Junior Member
Posts: 90
Joined: Tue Sep 10, 2013 12:33 pm
Poland

Post by ninkas » Sun Nov 03, 2013 9:59 pm

Is this for chasing documents after the appeal is won?
Thanks[/quote]

I haven't got a clue what those number are for ;-) I just thought it might be useful while contacting HO regarding application or sending additional info.The numbers are on the top of the letter which my hubby received with his RC.We didn't have to appeal.

hunter1
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Posts: 18
Joined: Thu Mar 28, 2013 11:38 pm
France

Re: RC Recieved

Post by hunter1 » Mon Nov 04, 2013 11:36 pm

anisatam wrote:
hunter1 wrote:Hi everyone,
I have received my Residence documentation today. Its on my passport not A4 paper.

After awaiting a long time finally got the best Christmas treat! Time for Europe tour now. See you after 5 years.
Thats great news Hunter.
Could you please tell us if you had to contact the Home Office for the RC after you received the determination letter from the court?
Thanks
Ani
Hi Ani, I posted a request letter to HO on 30th Oct 2013 for endorsement of RC but My RC was already issued on 20th Oct 2013 and got from my Solicitor on 1st Nov 2013. I recommend you to start chasing after 8 weeks of hearing. It takes 4 weeks for determination to each relevant visa section and further 4 weeks for processing and receiving by 2nd class post. Normally you should get it within 6 weeks. Best of LUck

anisatam
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Re: RC Recieved

Post by anisatam » Tue Nov 05, 2013 7:16 pm

hunter1 wrote:
anisatam wrote:
hunter1 wrote:Hi everyone,
I have received my Residence documentation today. Its on my passport not A4 paper.

After awaiting a long time finally got the best Christmas treat! Time for Europe tour now. See you after 5 years.
Thats great news Hunter.
Could you please tell us if you had to contact the Home Office for the RC after you received the determination letter from the court?
Thanks
Ani

Hi Ani, I posted a request letter to HO on 30th Oct 2013 for endorsement of RC but My RC was already issued on 20th Oct 2013 and got from my Solicitor on 1st Nov 2013. I recommend you to start chasing after 8 weeks of hearing. It takes 4 weeks for determination to each relevant visa section and further 4 weeks for processing and receiving by 2nd class post. Normally you should get it within 6 weeks. Best of LUck
Hi Hunter.

Thanks for the info :)
I am hoping I will recieve it soon too like you :)

Regards
Ani

shineangel
Junior Member
Posts: 82
Joined: Tue Apr 16, 2013 5:34 am
Location: London

Post by shineangel » Wed Nov 06, 2013 12:22 am

jamesadewale200 wrote:I just got a response from someone from ukba,pls find what was sent to me. I have checked our database and can confirm that a decision has been made on your application.  It is just awaiting dispatch from our offices in Liverpool and should be with you shortly.  If you have not heard anything by Monday, please feel free to contact me again.
 please what does this mean after an allowed appeal
@jamesadewale have you received your RC?

Choi Saab
Junior Member
Posts: 51
Joined: Mon Aug 26, 2013 10:46 am

Post by Choi Saab » Thu Nov 07, 2013 1:47 pm

Davmck70 wrote:
Choi Saab wrote:Hi all,
I've got my EEA2 refused after 10months of submission and I have a right of appeal.

Reason for refusal is lack of evidence of current employment. When I submitted in Dec'12 I provided with 10 wage slips up to Oct'12 and a letter from the employer confirming her permanent job. I also notified that my EU partner will be goin on maternity leave soon.

Now after 10 months they refused on the basis that I failed to prove her employment after Oct'12 even though I wrote three letters telling them she's on maternity and if they need further evidence then ask me.

Now I'm considering a request of reconsideration as well as an appeal.
Is paper appeal more successful or oral hearing ?
If the caseworker reconsiders and issues RC then how to withdraw appeal and would they refund appeal fee?

Thanks in advance
As you can see there is a lot of confused and inexperienced case workers. I will advice you do paper appeal unless you can afford a sound solicitor that will defend your case at oral hearing. In every situation try as much as possible to avoid oral cos they could ask questions you can not answer and use that as basis for denial.
Reconsideration does not affect re-application I suppose.
Thanks for your reply.
I sent a request for reconsideration and lodged the paper appeal at the same time. Now yesterday 6-11-13 I received a letter from court which says that any further submissions must be received by 02-12-2013. Is that also the hearing date?
EEA2 sent : 5-12-2012
COA w/right to work received : 2-01-2013
Refused w/right of appeal : 01-10-13
Parliamentary ombudsman got involved, asked for a review : Nov'13
RC received Dec'13

Davmck70
Member
Posts: 161
Joined: Thu Jun 20, 2013 6:36 pm

Post by Davmck70 » Thu Nov 07, 2013 11:49 pm

Choi Saab wrote:
Davmck70 wrote:
Choi Saab wrote:Hi all,
I've got my EEA2 refused after 10months of submission and I have a right of appeal.

Reason for refusal is lack of evidence of current employment. When I submitted in Dec'12 I provided with 10 wage slips up to Oct'12 and a letter from the employer confirming her permanent job. I also notified that my EU partner will be goin on maternity leave soon.

Now after 10 months they refused on the basis that I failed to prove her employment after Oct'12 even though I wrote three letters telling them she's on maternity and if they need further evidence then ask me.

Now I'm considering a request of reconsideration as well as an appeal.
Is paper appeal more successful or oral hearing ?
If the caseworker reconsiders and issues RC then how to withdraw appeal and would they refund appeal fee?

Thanks in advance
As you can see there is a lot of confused and inexperienced case workers. I will advice you do paper appeal unless you can afford a sound solicitor that will defend your case at oral hearing. In every situation try as much as possible to avoid oral cos they could ask questions you can not answer and use that as basis for denial.
Reconsideration does not affect re-application I suppose.
Thanks for your reply.
I sent a request for reconsideration and lodged the paper appeal at the same time. Now yesterday 6-11-13 I received a letter from court which says that any further submissions must be received by 02-12-2013. Is that also the hearing date?
No it is not the hearing date. It is a deadline for the submission of evidences that you want to be considered at the hearing. As the tribunal is very busy at the moment due to the incompetence of UKBA staff, I will advice you warm up to early next year for the hearing unless you opted for an immediate option which in most cases is oral.

This is a chance for you to present your case either in written or oral form depending on which you think will suit you better. I advice you make a list of all copies of docs sent and also attach that to docs as appendix. Wish you the best. Any help needed, just shout out!!!

JeanC
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Post by JeanC » Sun Nov 10, 2013 11:38 pm

Hi all,
my wife applied for an EEA2 and she got refused, with possibility to appeal. We urgently need a sound solicitor (Hampton Court area / West Molesey) could you please advise us how/where we can find one.
And please as well: "Exercising treaty rights" means what exactly?
As an EU member, I don't need any permission to live in the UK. I am self sufficient (showed a proof of my savings, but it doesn't seem to convince them).
We don't have a health insurance. My wife (non EU member) started to work, so she will be covered, but no way to proof that right now since she just started. I am covered in my own EU country... I guess I have to have a private medical insurance in the UK? is that right? will that be enough? will the insurance have time to send me the hard copy of the insurance policy?
Thank you very much for your kind help.

JeanC
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Post by JeanC » Mon Nov 11, 2013 1:22 pm

Please, please, please, I need urgently name/phone/email of a good successful Solicitor who dealt with the EEA2 application refusal.
Thank you

PS I heard that one can apply afresh, after a refusal of a EEA2, is that true? applying again? the same one? I have now better grounds/proofs for exercising rights.

Jambo
Respected Guru
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Tue Nov 12, 2013 9:15 am

JeanC wrote:Please, please, please, I need urgently name/phone/email of a good successful Solicitor who dealt with the EEA2 application refusal.
Thank you

PS I heard that one can apply afresh, after a refusal of a EEA2, is that true? applying again? the same one? I have now better grounds/proofs for exercising rights.
Could you please post the wording of your refusal? From the sound of it you were refused as you didn't meet the requirements to be considered exercising treaty rights. If you now meet the requirements, you can send in a new application. If you are self sufficient, both of you need private health insurance (or non UK EHIC).

Lulu120
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Post by Lulu120 » Tue Nov 12, 2013 7:49 pm

Hello People, first I must say that this forum is great. It has educated me. I have an oral hearing soon but my husband won't be available as he has gone back to Portugal for a couple of weeks to take care of his sick mum. Can I go alone or with my lawyer? I mean for the oral hearing without my sponsor(husband)

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