EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

[Alik8]

My appeal was allowed yesterday by judge , what will happen next ?

[RanaJee]

My appeal was allowed yesterday by judge , what will happen next ?

Congratulations. Very good news......

I won appeal in mid January 2014. I am still waiting for RC.I called many many times. Yesterday HO said it will take couple of weeks more......
I think it can take upto 8 weeks. My 5 weeks already gone... lets see how long more....

[Pablito]

My appeal was allowed yesterday by judge , what will happen next ?

Congratulations. Very good news......

I won appeal in mid January 2014. I am still waiting for RC.I called many many times. Yesterday HO said it will take couple of weeks more......
I think it can take upto 8 weeks. My 5 weeks already gone... lets see how long more....

When did you receive your determination? I am counting until 6 weeks which will pass at the end of next week and then send pap, be careful not too wait for too long as you may loose your judicial review right. Because it also may take up to 2 weeks for ukba to respond to your claim.

[RanaJee]

My appeal was allowed yesterday by judge , what will happen next ?

Congratulations. Very good news......

I won appeal in mid January 2014. I am still waiting for RC.I called many many times. Yesterday HO said it will take couple of weeks more......
I think it can take upto 8 weeks. My 5 weeks already gone... lets see how long more....

When did you receive your determination? I am counting until 6 weeks which will pass at the end of next week and then send pap, be careful not too wait for too long as you may loose your judicial review right. Because it also may take up to 2 weeks for ukba to respond to your claim.

hi Pablito,
sorry it is almost 7 weeks now after determination...
would you please explain me a lil bit in detail. would you please explain me about Judicial review right.

[EEA2APPLICANT]

It has been 9 weeks since my appeal was allowed. what is it about judicial review right?

[EEA2APPLICANT]

Hi Everyone,

My appeal was allowed on 3rd January 2014. I called HO couple of days ago and they said it will take more time. can someone please give me some useful contact details where i can send emails to know about the progress of my case. I need some suggestions from the fellow members and respected GURUS please. whats the best way to contact HO. it has been a long long time since i made my initial application. i want this nightmare to over now. It has been almost 9 weeks now since my appeal was allowed.

[hosok]

Hey all,
We need your help urgently.

My wife is a non-eu member and has applied for RC using EEA2 form on 10th Dec 2013. I'm a Lithuanian citizen.
Payment was taken on 13th Dec 2013, COA received 6th Jan 2013.

Today we received a refusal on our application stating that the eu-member (me) "have not provided sufficient evidence that they are economically active in the united kingdom at the time of your application".

This is a huge disappointment and we're really upset.

I moved here in August 2013, and started working as self-employed. We got married in September 2013 and my wife has moved here in November 2013 after receiving an EEA family permit.
Apart from the form we have added my EU I.D, my wife's passport (with the EEA family permit), our originally marriage certificate, gas bill (proof of address). To prove that I'm exercising treaty rights in the UK as self-employed all I was asked according to the document guidance was to add Tax Return/Ni Contributions etc. I've add my first (and only, as of yet) NI contribution which I've paid plus an additional 2 invoices and 2 receipts. I've also attached our personal bank statement with saving of thousands of GBP.

I can't seem to understand why it was refused!

I called the Home Office earlier today and spoke to an adviser who didn't really understand why my wife's application was refused so she decided to contact the lady who worked on the case. Within an hour she called and told me that the lady who worked on the case stated, that whilst they accept that I have provided NI contributions class 2 payment, my invoices and receipts are in handwriting, with names only and without any addresses so they cannot confirm if I did actually receive the payment. They couldn't see transactions on my account of the payment and also they said that I haven't provided any business account statement.
This is just ridiculous! I'm working as a private teacher and as stated on the invoices and receipts that i've added - I've received the payments in cash, so I obviously I don't go and pay every small amount into my band account straight away. The invoices and receipts I've used are legal in the UK and you buy them like everybody else from WH Smith, there is no room for address and they expect me to add printed invoices! Plus- I don't need to have a business account.
It's not my fault that this is how I'm getting paid. I'm doing everything according to the law and did provide them all evidences to prove them I'm exercising treaty rights (although I think I only had to attach paid NI contributions!)

On the bank statement provided there were actually few transaction from one student who does wire transfer directly to my bank account but they decided to ignore it.
I feel like they just decided to refuse it so we would pay more money and appeal. It is just rude- there is no real ground for the refusal.
We're both very organised and we've read and asked dozens of people before applying to make sure everything is with accordance to what the HO want.

I've called the EU and opened a complaint and I'm thinking to file a complaint against this lady who worked on the case.

What should we do now guys? we're quite lost!
Should we appeal (oral hearing or papers)? Should we re-apply? What can I do differently? Should I wait until I fill my first tax return (self-assesment) next month?
Can I ask them to re-consider it?

Thanks a lot !

[Alik8]

My appeal was allowed yesterday by judge , what will happen next ?

Congratulations. Very good news......

I won appeal in mid January 2014. I am still waiting for RC.I called many many times. Yesterday HO said it will take couple of weeks more......
I think it can take upto 8 weeks. My 5 weeks already gone... lets see how long more....

When did you receive your determination? I am counting until 6 weeks which will pass at the end of next week and then send pap, be careful not too wait for too long as you may loose your judicial review right. Because it also may take up to 2 weeks for ukba to respond to your claim.

My hearing was on 4th March , judge told me that she will send me determination within 14 days, HO representative Was very clear and said CASE WORKER made an error so one thing is clear that they're not going to challenge judges decision. Now do I have to made a claim for appeal fee refund?

[dalebutt]

@Hosok, unfortunately that's the way it is here, calm down, as you will very much need it when dealing with HO, they are perpetually time waster, and there isn't much one can do, think it's part of the policy, what you can do is file your appeal ASAP, and send a reconsideration request outlining why you believed they have made a mistake, and then remain calm and patient you will need it. Good luck.

[dalebutt]

My hearing was on 4th March , judge told me that she will send me determination within 14 days, HO representative Was very clear and said CASE WORKER made an error so one thing is clear that they're not going to challenge judges decision. Now do I have to made a claim for appeal fee refund?

The judge will award your fee back to you at the time of promulgating decision.

[hosok]

@Hosok, unfortunately that's the way it is here, calm down, as you will very much need it when dealing with HO, they are perpetually time waster, and there isn't much one can do, think it's part of the policy, what you can do is file your appeal ASAP, and send a reconsideration request outlining why you believed they have made a mistake, and then remain calm and patient you will need it. Good luck.

Hi, Thanks for the reply. I appreciate it.

Assuming that you are saying that appealing is better than re-applying, few questions:

1. Should we appeal with papers or for Oral Hearing? Or
2. I heard that there's a possibility of them re-considering it before going to court when one appeal. is that true?
3. As far as I know re-consideration request is made only by post to the Liverpool address. right? I guess I should mention that I've appealed as well?
4. Any idea how long can it take? We need to travel in July so we need our passports back until then..

I do need to calm down, but it's just more than annoying, it's absolutely ridiculous and no logic behind it. Why would i "make up" invoices and receipts and then pay more tax? silly.

Thanks a lot, really appreciate your help.

[dalebutt]

You can do any type of appeal, your case isn't as complicated that you must go oral if you didn't want to, yes there is a possibility that they might reconsider, there is no time frame for reconsideration, someone on this thread just had theirs reconsidered in around 4 weeks.

You don't need to mention that you have appealed, they will be notified shortly, the reconsideration request is sent to Liverpool, address it to the caseworker, don't request your passport back yet give it a bit of time, to avoid any complication. I am not saying appeal is necessarily better than applying, nowadays depending on one's location appeal takes around 7 months, but some decisions are better appealed as they might not change their decision if one applied 10x, so in that sense appealing will be the best course of action.

[hosok]

You can do any type of appeal, your case isn't as complicated that you must go oral if you didn't want to, yes there is a possibility that they might reconsider, there is no time frame for reconsideration, someone on this thread just had theirs reconsidered in around 4 weeks.

You don't need to mention that you have appealed, they will be notified shortly, the reconsideration request is sent to Liverpool, address it to the caseworker, don't request your passport back yet give it a bit of time, to avoid any complication. I am not saying appeal is necessarily better than applying, nowadays depending on one's location appeal takes around 7 months, but some decisions are better appealed as they might not change their decision if one applied 10x, so in that sense appealing will be the best course of action.

Thanks so much! You are a hero.
The only thing I still don't quite understand is, and excuse me for being a bit ignorant here, I'm appealing and sending the letter for reconsidiration with the passport smd all pther original documents or how?
I know that for the appeal I only need the refusal desicion and the appeal form (which are attached).
Sorry just a bit confuse of how can I techniqually do both and furthermore, if they do decide to change their desicion- what would happen to the appeal?

By the way- did any of you have success with complaints?

Thanks again mate and thanks everyone!

[dalebutt]

No you do not have to send your passport along as they already have seen it, the letter should include your spouse's home office ref number and application ref number, name DOB and address, with that they will be able to identify the application, If they decide to change their decision, you will just have to write to the tribunal to withdraw your appeal, but it is better that before you do this, you already have your passport back with the vignette attached.

[dalebutt]

Complaining is good, but the chances of it causing a change in the way your application is dealt with would be rightly compared to that of a lottery player, they will reply to complaints probably after about a month, probably apologising and saying something that wouldn't be of help to you.

[hosok]

No you do not have to send your passport along as they already have seen it, the letter should include your spouse's home office ref number and application ref number, name DOB and address, with that they will be able to identify the application, If they decide to change their decision, you will just have to write to the tribunal to withdraw your appeal, but it is better that before you do this, you already have your passport back with the vignette attached.

Are you talking about the appeal?
What about reconsideration- what do I need to send them alongside the letter? Can I add new invoices, tax return etc?

Thanks!

[dalebutt]

I was talking about the reconsideration, you said you had already appealed the decision? If you are requesting for reconsideration you can add any document which you think will assist them in reconsidering their decision.

[hosok]

I was talking about the reconsideration, you said you had already appealed the decision? If you are requesting for reconsideration you can add any document which you think will assist them in reconsidering their decision.

Thanks.
No, I didn't appeal yet, I only received the refusal yesterday. I went to a solicitor today and she said it's better to do oral hearing as my case is genuine and not to complicated.

Edit:
I think I will appeal for oral hearing, and will send all documents for reconsideration. Do I need to send them the evidence of treaty rights we sent with the originally application or can I send new invoices? Also- Do I need to attach the refusal letter to the reconsideration as a copy (since I need to send it to the tribunal)..?

I will send them both a letter stating that my first Tax return is due for April so hopefully they can take that into consideration.

Any thoughts or advices would be much appreciated.

Cheers guys

[uk2005]

ror appel time line
14/11/13
refuse 28/2/14
reoson me & my ex not self employed from april 2013
not provide enoght evdiance such invoice/bank statnent
but send accountent latter & self assesment
as i have permanent contect provide every momth
invoice money come to account will send till
now+bank statment
my ex got invoice book for her work after bagging
to her she give me & her business card+her latest
ni bill
all send tribunal
do you guys think enough for appel as i m meeting HO
refusal requirment!!!??
any advice please

thanx for your reply
i was send for my ror eea2
my drece absolute issued 30th oct
ho sad i not provide any self e mployed
document from aprill 2013-oct 30th
as we both self empolyed they ask for
both dcument
i have my ex invoices during this priod also
have ni contribution paid upto 5th oct
also can get tax return in april 2014 with
account latter
mine
have permanent contect money comes every
month onto my account ni paid on octboar 5th
account latter
i alrady appeled jast wondering f i ask for
reconseration what document have send
only prove of trcity right till 30th like invoices
tax return accounted latter
same mine following decree absoule??
or have send all document which i send to
tribunal?
pleae advice!!!

[hosok]

@ Favour100

Email a pre action protocol letter to the Home Office and tell them what you provided - briefly.

The team is responsible for working out problems before they get to court.

They will follow up on your issues and mail you a letter.

I personally have not found any other department to respond as quickly or as fully as the Pre Action Protocol Team.

email ukbapap@ukba.gsi.gov.uk

letter http://www.justice.gov.uk/courts/proced ... v#IDAGJKCC

Hey @appealalready and other members.
Can anyone please expand what is the judicial review? is that the normal oral hearing appeal or what is it?
@appealalready has mentioned in the quoted post above that you need to send an email of pre-cation protocol, is that before appealing or what?

I am planning to send my oral hearing appeal alongside a re-consideration (provide more evidence of exercising treaty rights in both) next week. Can anyone tell me what is the best way to do so? Also- Do i need to send HO my passports again for re-consideration?

Thanks a lot.

[Pablito]

@ Favour100

Email a pre action protocol letter to the Home Office and tell them what you provided - briefly.

The team is responsible for working out problems before they get to court.

They will follow up on your issues and mail you a letter.

I personally have not found any other department to respond as quickly or as fully as the Pre Action Protocol Team.

email ukbapap@ukba.gsi.gov.uk

letter http://www.justice.gov.uk/courts/proced ... v#IDAGJKCC

Hey @appealalready and other members.
Can anyone please expand what is the judicial review? is that the normal oral hearing appeal or what is it?
@appealalready has mentioned in the quoted post above that you need to send an email of pre-cation protocol, is that before appealing or what?

I am planning to send my oral hearing appeal alongside a re-consideration (provide more evidence of exercising treaty rights in both) next week. Can anyone tell me what is the best way to do so? Also- Do i need to send HO my passports again for re-consideration?

Thanks a lot.

It is administrative court they can't decide whether you should get your residence card or not like in appeal But for instance issuing your residence card within their deadlines is administrative issue and you can seek judicial review in that matter if they failed to act or else acted but inappropriately , however I narrowed down the example you should grasp the idea.

[hosok]

@ Favour100

Email a pre action protocol letter to the Home Office and tell them what you provided - briefly.

The team is responsible for working out problems before they get to court.

They will follow up on your issues and mail you a letter.

I personally have not found any other department to respond as quickly or as fully as the Pre Action Protocol Team.

email ukbapap@ukba.gsi.gov.uk

letter http://www.justice.gov.uk/courts/proced ... v#IDAGJKCC

Hey @appealalready and other members.
Can anyone please expand what is the judicial review? is that the normal oral hearing appeal or what is it?
@appealalready has mentioned in the quoted post above that you need to send an email of pre-cation protocol, is that before appealing or what?

I am planning to send my oral hearing appeal alongside a re-consideration (provide more evidence of exercising treaty rights in both) next week. Can anyone tell me what is the best way to do so? Also- Do i need to send HO my passports again for re-consideration?

Thanks a lot.

It is administrative court they can't decide whether you should get your residence card or not like in appeal But for instance issuing your residence card within their deadlines is administrative issue and you can seek judicial review in that matter if they failed to act or else acted but inappropriately , however I narrowed down the example you should grasp the idea.

Thanks mate.
Sorry if I'm being a bit ignorant here but - are you suggesting that this applies to people who the HO took more than 6 months to give them a response ?
Our case was refused on the basis of not having enough evidence of Self-employment. We're going to send appeal for oral hearing plus reconsideration letter attached with another evidence (accountants' letters).
So not really for my case if I just received a refusal notice of decision (3 months after applying)...?

Thanks again and sorry- my English is alright but when it comes to all sorts of legal definitions I am a complete ignorant.

Cheers

[dalebutt]

Yes, a judicial review can be sought if HO has refused your application without a right of appeal, and you believe there should have been one, a JR can be sought if HO takes more than 6 months to decide your application, anything in the line of maladministration you can pursue a claim for JR, but you cannot pursue a JR where you application has been refused, and you have been given a right to appeal, you have to pursue the route of appeal ultimately.

[afridi24]

Application eea2 :15 augest
coa :no work permission
interview:16 January
Rc: ring on friday , finally they said your application is decided and it is in the security check then despatch so check with representative next week, I ask if you can tell me the decision pls , the guy was nice and he said YES you are issued with visa for what ever you applied for ...so now I hope for the best ....

[hosok]

Yes, a judicial review can be sought if HO has refused your application without a right of appeal, and you believe there should have been one, a JR can be sought if HO takes more than 6 months to decide your application, anything in the line of maladministration you can pursue a claim for JR, but you cannot pursue a JR where you application has been refused, and you have been given a right to appeal, you have to pursue the route of appeal ultimately.

Thanks a lot!