EEA2 : Breach of 6 months rule : Ombudsmen or Legal Action?

[Choi Saab]

Hi guys,
I would try to keep this post short and sweet and expect everyone's help and advice, especially the Gurus and experts.

It's been 10 months since I applied for EEA2 and haven't heard of a decision yet. Since the 6 months completed :

*I've sent three letters to the UKBA by post thru my solicitor reminding them and in every letter I asked them to request further documents or evidence if needed. :::NO RESPONSE

*I've complained to the UKBA customer complaints dept :::NO RESPONSE

*I've requested the return of documents :::NO RESPONSE

*I've contacted my MP and according to his last email, the UKBA promised him that a decision would be made and despatched before 26-09-13. Called HO on 27-09-13 "your application is ongoing and you have to continue to wait"

Now my MP suggested that " You should have received your documents by 30 September'13. If this does not happen, please contact me and I will pursue the matter on your behalf. "

MP has also offered me to help with making a complaint to the parliamentary ombudsmen.

My solicitor suggests a 'JUDICIAL REVIEW' instead is more effective.

Thanks for taking your time to read this post and please share your experiences and also advise me if I should complain to the ombudsmen or take legal action to claim compensation??

[EUsmileWEallsmile]

I don't have any advise or experience to add to this. You appear to be doing all you can. You appear to have already engaged legal advice. I suggest you follow it.

[askmeplz82]

you have done everything you can ... Wait and hope you hear good news soon

[Choi Saab]

So if they still continue to ignore me for long, shall I go for legal action?
Any idea how to request for a judicial review?
Can I send the pre action letter myself or through solicitors?

[Babz]

So if they still continue to ignore me for long, shall I go for legal action?
Any idea how to request for a judicial review?
Can I send the pre action letter myself or through solicitors?

Try contacting Marje Clarke at: Marje.Clarke@homeoffice.gsi.gov.uk

She should be able to assist

[Babz]

So if they still continue to ignore me for long, shall I go for legal action?
Any idea how to request for a judicial review?
Can I send the pre action letter myself or through solicitors?

Try contacting Marje Clarke at: Marje.Clarke@homeoffice.gsi.gov.uk

She should be able to assist

[Choi Saab]

Thank you Babz. I emailed her straight away but unfortunately this is what the auto reply was

Hello,
 
Sorry I no longer work in casework. This email box has changed and is no longer monitored.
 
You should not use this email address to raise individual queries, you should contact Immigration Enquiries Bureau on 0870 606 7766.
 
Thanks,
 
Margie Clarke


:'( o_O

[Jambo]

Thank you Babz. I emailed her straight away but unfortunately this is what the auto reply was

Hello,
 
Sorry I no longer work in casework. This email box has changed and is no longer monitored.
 
You should not use this email address to raise individual queries, you should contact Immigration Enquiries Bureau on 0870 606 7766.
 
Thanks,
 
Margie Clarke


:'( o_O

You can't really blame her. I wonder how many direct emails she received once her email address was posted here...

[Babz]

Thank you Babz. I emailed her straight away but unfortunately this is what the auto reply was

Hello,
 
Sorry I no longer work in casework. This email box has changed and is no longer monitored.
 
You should not use this email address to raise individual queries, you should contact Immigration Enquiries Bureau on 0870 606 7766.
 
Thanks,
 
Margie Clarke


:'( o_O

Try the following emails:

Serena.Bryant@ukba.gsi.gov.uk
Steve.Long5@homeoffice.gsi.gov.uk
Kirsen.Ferguson@homeoffice.gsi.gov.uk
Darren.Blakemore@UKBA.gsi.gov.uk
Sonia.Dower2@homeoffice.gsi.gov.uk
Michael.Goode@homeoffice.gsi.gov.uk
EREC@homeoffice.gsi.gov.uk

[Choi Saab]

Thank you Babz I've sent emails and waiting for a response.

Finally I decided to go for complaining to the parliamentary ombudsmen through my MP. I've filled in the form and sent it along all the evidence by special delivery. I've requested a full and thorough investigation into this unprofessional and unacceptable behaviour REGARDLESS if I get my residence card or not.

I'm hoping to get an apology and compensation for the delay and if they decide to refuse my application this time, I'll just take them to the EUROPEAN COURT OF HUMAN RIGHTS.

[Choi Saab]

Got a refusal letter today dated 25-09-13.
Reason is failure to provide evidence that EU partner is exercising treaty rights through employment.

No effort was made by the UKBA to contact us to establish my EU partner's employment after THREE letters were sent offering them to request anymore evidence if needed.

..."The evidence provided only shows employment up until the 31 October 2012, more than a month before your application was made"... But the truth is that after I made the application, we separately sent her Nov'12 , Dec'12 and January'13 wage slips to the UKBA via recorded delivery and sent them three letters informing about her pregnancy, maternity break, birth and even getting back to work. BUT THERE'S NO MENTION of any of those correspondences and they didn't even send us those three wage slips back. My passport is also retained as I have 'no more leave' in the UK.

Ok now I need your advice guys.
Appeal ?
Reconsideration request?
Fresh application?

Personally I'm thinking to send reconsideration request to the caseworker explaining him that my partner was and is in employment. Also to appeal against the decision meanwhile.

How shall I send the reconsideration, by fax or post?
Shall I request my appeal to be decided on papers or oral hearing?

Thanks for all the advice and help in advance.

[Choi Saab]

There's an update regarding the complaint to the parliamentary ombudsmen.

Today I got a call from a caseworker from my MP's office. She confirmed the receipt of the complaint form and asked if there's any reply from the UKBA. I told her that there's a refusal letter I received yesterday. She asked if they addressed to my complaint email or apologized for the delay, I said NO and told her I was planning to appeal.

She asked me to send the copy of the refusal letter and told me that MP will sign and forward my complaint as the UKBA failed to address to my complaints and sent the decision without the explanation for delay or apology. Also she confirmed that to appeal against this refusal doesn't amount to 'legal action' so the ombudsmen can proceed with the investigation.