Urgent help! EEA FP additional documents required

[tobieoud89]

Hello,

First of all I want to say that this website has given me an enormous amount of information and knowledge. I am requesting more at this moment!

My/our background.

I am a male Dutch national married to a Thai national, we have two children together (4 yo and 10 months) and we are living and working in Thailand. Due to the political situation we are planning to move from Thailand to the UK, this mainly because my wife has lived and worked in the UK before so finding work for her would be a lot easier than finding work in The Netherlands.

Two weeks ago we have applied for a family permit for my wife and two children. I have filled in the online application, and my wife with kids has supplied the following documents in person (BKK);

- translated and legalized birth certificate (married for 4 years)
- Translated and legalized birth certificates from both our children
- An endorsed copy of my passport.
- Translated and legalized birth certificate of my wife
- My children passports and my wife's passport
- Coverletter

I will be traveling with my wife and children to the UK. (As I stated clearly in the cover letter)

Because of all the information I have read on this forum I didn't foresee any problems, until today

We received the following e-mail;

Dear Mrs. ......

We are currently in the process of assessing your UK visa application. Unfortunately, we are unable to reach on the phone.

To make a decision on your application we require some additional documentation from yourself. The documentation required is:

· Husband’s employment contract in the UK

· Flight ticket of your husband and yourself

Please can you forward this information to us within 10 days. You will need to quote your reference number XXXXX.

To forward this documentation to us you can:

Fax to: + 66 (0) 2 254 9579

Email to: visadocument.bangkok@fco.gov.uk

As you might understand I am very confused about all this. First they are asking me for an employment contract in the UK. First of all I am still working and living in Thailand, so it would be impossible to obtain such a contract. Secondly I have read that as a EEA national we have the right of free movement under Directive 2004/38/EC which gives me 90 days before I have to be a qualified person.

After that they ask us about our flight tickets..... I mean are they expecting me to buy four plane tickets before the visa's got even approved???? IMO it seems a little "stupid" to buy plane tickets without a visa.....

What should I write them back? Should I call them? Has anyone else ever experienced anything like this?

Do they have the right to ask for these documents? What if I cannot provide a plane tickets and contract, could the FP be refused?

Please I need help!!

[tobieoud89]

Anyone? Please

[dalebutt]

You may like to remind them that, by virtue of article 5 of directive 2004, you have a right of entry/admission for up to three months and that you wish to exercise, there is no burden on you to prove that you have an employment before this rights can be exercised. Also politely remind them that travel ticket isn't part of the requirement but you will be willing to provide flights ticket if they guaranteed EEA-FP will be issued forthwith.

[tobieoud89]

You may like to remind them that, by virtue of article 5 of directive 2004, you have a right of entry/admission for up to three months and that you wish to exercise, there is no burden on you to prove that you have an employment before this rights can be exercised. Also politely remind them that travel ticket isn't part of the requirement but you will be willing to provide flights ticket if they guaranteed EEA-FP will be issued forthwith.

Thank you so much for replying.

I thought the same as you, that's why im so surprised by their request. If they can guarantee a visa i will be happily buy a ticket and show it to them

Today they have tried to call me many times (8 times) and I was working.

Should I call them back tomorrow or would an e-mail be sufficient?

[dalebutt]

I would send them a polite email and I will follow that up with a phone call.

[Directive/2004/38/EC]

You neither need to provide a flight ticket, nor provide any information about what you plan to do in the UK.

UKVI has promised to the European Commission that they are no longer asking for this sort of information. Not surprising that the practice continues.

[tobieoud89]

Hi all,

I have some further questions regarding the permit, I appreciate your advice:


We have applied on the 9th op September and today finally got a message from the embassy back;


UK Visas and Immigration have made a decision on your visa application.

All APPLICANTS: if you paid an additional courier or postage fee, documents will be sent to you.

THAILAND APPLICANTS: documents can be collected from the visa application centre after 2 working days. Collection times are Monday-Friday 10.00 - 16.00 and Saturday 08.30 - 12.00.

CAMBODIA, INDONESIA & VIETNAM APPLICANTS: documents can be collected from the visa application centre where you submitted your application after 4 working days.

What does this mean? Is it approved or is it going to be a surprise at the embassy? Does anyone have experienced a similar situation?


I would also like to ask if it is possible to authorize somebody to pick up the documents and passport?

Thank you all

[dalebutt]

It is a generic message they send to all applicants regardless of the decision, you may ask someone to pick the document for you, a signed letter by the applicant, along with the collection slip, and probably some identification . Did you speak with them after the request for more document? I hope it is positive for you and your family.

[tobieoud89]

It is a generic message they send to all applicants regardless of the decision, you may ask someone to pick the document for you, a signed letter by the applicant, along with the collection slip, and probably some identification . Did you speak with them after the request for more document? I hope it is positive for you and your family.

Thank you for replying Dalebutt. I really hope we get it soon too!!

Yes I did. First I send them an email explaining why I do not have a working contract in the UK and that this not needed, I also showed them the laws which do not require me to be an qualified person on arrival etc. Furthermore I explained that a plane tickets would be a big financial risk, but that I was willing to provide them if they would guarantee my permit.

After that mail I didn't hear anything for a week, then suddenly we received a phone from the embassy. (my ladies phone). Some Thai lady was interviewing her and was asking her all kids of silly questions, starting with; Are you married.....

She asked me about my job in Thailand, my wife provided all the information that she asked for.

Then we waited again 2 weeks, until today. When we received this email.

Very silly that they cannot just tell you right away if the visa is approved or not,

Is this how it works in every country?

- Fingers crossed -

[dalebutt]

A little bit weird, not a normal practise handling of family permit application. I have a feeling it has gone well. Good luck.

[tobieoud89]

A little bit weird, not a normal practise handling of family permit application. I have a feeling it has gone well. Good luck.

Thanks for boosting our confidence. I have been thinking too why they would conduct an interview after the mail I send. I also experience it as a positive thing. If those documents were really required, they would have denied our visa straight away and not took any extra effort in doing an interview. Saturday the documents will be picked up. I'll report back with the results

[Directive/2004/38/EC]

tobieoud89, Did you get the private message I sent you earlier?

Unfortunately the whole process is a little slow. And many UK embassies ask for information that the British Home Office claims they have been instructed not to ask for.

[tobieoud89]

Hi directive,

Yes I have seen you send a message but I am unable to view to them. I think I need to post some more to enable the "message" feature.


I did however visit your website (If it is your website) and got tons of information from there. I used one of your previous cover letter templates, in my e-mail towards the embassy.

The only reason I can think of that they somehow can deny my visa is by regulation 12; No proof of the EEA citizen joining you in / traveling with to the UK.


The documents are getting picked up on Saturday. I have mixed feelings. I will keep you updated

Thanks

[Directive/2004/38/EC]

Can you please drop me an email at
eufreemovement+ib@gmail.com

[tobieoud89]

Hello all,

Here is an update on our visa application.

Last Wednesday (08-10-2014) We received the following email from the embassy;

" UK Visas and Immigration have made a decision on your visa application.

All APPLICANTS: if you paid an additional courier or postage fee, documents will be sent to you.

THAILAND APPLICANTS: documents can be collected from the visa application centre after 2 working days. Collection times are Monday-Friday 10.00 - 16.00 and Saturday 08.30 - 12.00. "

We were quite happy that they have finally had made a decision.

My wife's friend tried to pick-up the documents today in Bangkok. We provided her with the receipts (you need to show these when you pick up the documents), letter of authorization (in English and Thai) and my wives ID card.

We pay money for my wives friend for picking up, taxi, some food etc...

The friend arrived there, showed the receipts and authorization letter, but the lady behind the desk just simple told her that the passports are not ready and asked her to come back TUESDAY AFTERNOON

Has anybody ever experienced something like this?? I am not too happy about it. We spend quite a bit of money on it for nothing. Now we will have to do it all over again on Tuesday.

Lucky that my wife didn't pick up her visa in person (12 hour bus drive).

Can I hold the embassy responsible for the cost that I have made. In their e-mail they clearly state 2 working days, so that means that it must be ready on Saturday.

Very unprofessional....

[Directive/2004/38/EC]

So it has been a month since you submitted your application?

[tobieoud89]

So it has been a month since you submitted your application?

Yes. We applied on September the 9th

[tobieoud89]

I hope someone can help me.

A follow up from my last post.

We tried to pick up our visa today, because last saturday it wasn't ready yet.

TODAY WE RECEIVED THE SAME MESSAGE!

totally absurd.

They told that the passport should have arrived yesterday, but did\an't....

Why did they not send an e-mail telling us that again the passports are not ready yet...

Two times now we have tried going to the embassy to pick it up, but both times we are simply being told that the documents are not ready yet. Clearly the communication is a mess over there.

Could somebody please answers these questions;

Could I hold the embassy liable for the cost we have made trying to pick up the documents?

Can I somehow call the embassy and explain our situation?

Does somebody have internal e-mail addresses of the embassy in Bangkok?

We applied on the 9th of September, so i has been LONG over one month now, can I complain?

Thanks in advance guys!

[dalebutt]

Sorry about your plight, I have had a similar experience in the past, with a Schengen visa, I didn't have to go twice though, in the end I was more than happy that I got the visa, I suggest you concentrate for now on getting your FP and making a subtle complaint. If you have their email address and let me them understand the delay is not only unacceptable, it is against the spirit of the directive, and making you go twice and not being able to pick our documents up is disappointing.

If you do not have their email contact, you may contact them via https://ukvi-international.faq-help.com/ . Good luck

[Directive/2004/38/EC]

You can also feel free to complain strenuously.

Did you provide the (unlawfully) requested information about work in the UK and about your flights to the UK?

[tobieoud89]

Hello Dalebutt,

Thank you for your reply. I have followed your advice and send a mail to the embassy and complaint at the same time. The strangest thing is that I have received an e-mail back saying the following;

Dear XXXXXXX,

Thank you for contacting the United Kingdom Visa and Immigrations
international enquiry service.

I can tell you that a decision of your visa application was made on 11/9.
We have no information when Embassy return your passport to the visa
application centre. You may visit the visa application centre to see if
they have your passport.

For any further details, or should you need to contact us again please
refer to our website at https://ukvi-international.faq-help.com/, select
appropriate country, click next and then select "E-Mail form and complete
as instructed. We will aim to come back to you within 1 day.

Kind regards,

GuoLing

In the mail it says that a decision on our application was made on 11/9, meaning three days after we applied and also before they requested additional documents and before they conducted an interview by telephone....

Hi directive,

Yes I have send them an email in where I stated that it is unlawfully for them to ask for these documents, I also redirected them to the directive. I used a template that you provided in another tread.

[dalebutt]

You just have to imagine the sort of nonsense going on down there, what rubbish? Email them and demand your passport right now, silly bunch.

[tobieoud89]

You just have to imagine the sort of nonsense going on down there, what rubbish? Email them and demand your passport right now, silly bunch.

I'm beginning to worry if they even know where the passports are at this moment.

It must be a complete mess up there

[tobieoud89]

Hello all,

Finally received apologies from the embassy;

Dear Ms XXXXXX,



Thank you for your email. Our records show that you were sent the following email on 24/09/14



‘’To :

XXxXXXXXxx@HOTMAIL.COM;

Subject:

GWF033409508 Notification that your visa application will not be processed within our service standards;

Body:
Dear Applicant,

Thank you for your UK Visa application which is now under consideration. We aim to process non settlement applications within 15 working days and settlement applications within 60 working days, unless you have opted for one of our priority services.

Unfortunately, we will not be able to make a decision on your visa application within these service standards as further checks or additional information is required. We expect to be able to make a decision within 5 working days and we will notify you by email once a decision has been made or if there is any change to this expected time frame.

Please do not go to the visa application centre until you have been advised that your passport is ready for collection

Replies to this email will not be answered. You will find our contact details at www.gov.uk/contact-ukvi-outside-uk.

We apologise for any inconvenience caused.

Yours Sincerely

Regional Operations Manager

UK Visas and Immigration

Burma, Cambodia, Indonesia, Laos, Thailand, Vietnam’’

Our records show that no other emails have been sent to you since then. I will investigate what appears to be a technical error as you have clearly received a decision email in error; I will also feedback your compliant to HCS who have clearly given you incorrect advice. I can confirm that your application has been assessed and you will shortly receive the decision and your documentation. I apologise for the inconvenience this has caused.



Yours sincerely



Customer service manager


My question is, could I hold the embassy financial responsible now that they admitted their wrong?
What would be the procedure for this? I can only find compensation for when the permit is wrongfully refused.

Thanks guys.

[dalebutt]

I do not think you will be able to get anything out of it other than the apology you have received, even if there were to be, you would have spent a fortune in court fee to get any sort of compensation, it's not worth it, just focus on you receiving the FP. Good luck.