Decision for Permanent Residence (EEA4) taken over 6 months

[ptapp]

Hi, I'm new to this forum and hoping someone can help me! I applied for Permanent Residence on form EEA4 at the beginning of November, but I still haven't received anything from the Home Office. I have phoned the Croydon number regularly throughout the six month period, and I always get the same answer "your application is under consideration". They seem unable to offer any further help / status / advice at all.

As I understand, because I've been in the UK since 2002 (and working), then my Permanent Residence status should be more-or-less automatic, and that I simply need the 'stamp' in the passport to confirm it, so I don't even know why it even needed to take 6 months.

I have read in several places that the Home Office MUST consider my application within 6 months. This is what the H.O. said to me in my "Acknowledgement Letter" back in November, and it can also be found on the Home Office website, most notably in the Directive 2004/38/EC, Article 20 [1], which are incorporated into the EEA Immigration Regulations 2006 [2].

Can anyone advise on my next steps? This is causing me a lot of distress, both regarding my work situation and especially also because I cannot travel. I have also heard horror stories about lost applications. The Home Office seem unwilling to help me or let me know what is going on. Do I need a lawyer, and is it time to take legal action? Or.. how should I proceed?



References:

(1) http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

(2) http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

[mspacman]

Hi Ptapp,

exactly the same happened to me. I have send my documents last month but have not heard a single word from them since. I havent even received the "acknowledgement letter" yet. Could you tell me how long after your application they send it to you? What was it? A confirmation that they received your documents?

I hope you will receive your stamp soon!!! I cannot believe that they take that long because your case seems to be pretty obvious.

If you have not received any Visa after 6 months you should really take them to court. Don't let them take the mickey out of you!!!

Best of luck!

[magata]

Hi ptapp, I have been in the same boat previously. Please see the links below.


http://www.immigrationboards.com/viewto ... ht=#124742


http://www.immigrationboards.com/viewto ... ht=#126683

I hope it helps.

Kind regards


magata

[thsths]

Hi, I'm new to this forum and hoping someone can help me! I applied for Permanent Residence on form EEA4 at the beginning of November, but I still haven't received anything from the Home Office. I have phoned the Croydon number regularly throughout the six month period, and I always get the same answer "your application is under consideration". They seem unable to offer any further help / status / advice at all.

From what I gather, that is correct concerning the phone line. They just read data from a computer system, so calling there has no effect whatsoever. And even worse, "under consideration" seems to be the standard response, which does not mean anything. Several applicants have reported here that they called after the application was decided, and they still got the same answer!

I have read in several places that the Home Office MUST consider my application within 6 months.

Correct, so you could go to court and force a decision. However, there is the danger that you do not get your legal fees paid, and in any case the process would take a while.

Can anyone advise on my next steps? This is causing me a lot of distress, both regarding my work situation and especially also because I cannot travel.

Both should not be a problem. The certificate of application should be sufficient to demonstrate your right to work. And if you want to travel, you can ask for your passport to be sent back. There may be a discussion when you want to enter the UK again, but I cannot imagine that they would not let you in if you insist.

Anyway, you have the following options. I would write a letter to the Home Office indicating that they are in violation of the law, and demanding a statement sent immediately (within 5 working days) to confirm that the application is delayed, and that you have the right of residence until it is decided. I would also ask for a new expected time frame. Depending on the response, I would consider further legal steps.

I would also write to SOLVIT, especially if you have specific issues such as your employment or a need to travel. You can also ask your MP to contact the Home Office on your behalf, and if you do that you should also urge him/her to pressure the Home Office into compliance with the law.

If you do have any serious disadvantages because of the delay, you should launch a formal complaint with the European commission, and you should sue the Home Office for compensation. These are the only two ways I can see that have a chance of improving this situation in the long run.

Tom

[ptapp]

Thank you for taking the time to respond to my post! I will do exactly as you have suggested, and will keep you posted on progress

[iryna78]

Hi there,

I was just wondering if you got your passport back, and when did you get it? What exactly did you do to get it back. I am in the same situation. I sent my in mid of Feb and still waiting.

Thanks

[86ti]

I have read in several places that the Home Office MUST consider my application within 6 months.

Correct, so you could go to court and force a decision. However, there is the danger that you do not get your legal fees paid, and in any case the process would take a while.

Sorry for reiterating this question but as far as I understand from SI 2006/1003 6 months means until the residence document is issued. Does this count from the day HO receives the application? I know that until you receive your documents back additional 2-3 weeks may pass. Realistically this means that the whole process may 'legally' take up to 7 months.

I think this may be important before considering a complaint. Other opinions?

[chrissouthafrican]

Hi Everyone,

I have been reading the various forum entries over the last few months while becoming increasingly frustrated with the Home Office's blatant disregard for what is European Law as well as British Law.

I applied for ILR using EEA4 as the way I saw it my wife (who is a German citizen) does not require ILR. From the EC directive it is clear that European Citizens and their spouses automatically receive the right to live in another European country but for obvious reasons (work, travel) it is a good idea to apply for the stamp in your passport.

To make a long story short, I applied in Dec 2007. Received COA in Jan and phoned 3 times up to the 6-month mark to find out how things are going, with the same result "application under consideration". I then received a letter asking for more proof that we had been exercising treaty rights for 5 years which I supplied within 2 days. This obviously then gives the HO 6 more months because the law says that they have to respond within 6 months of receiving the necessary documentation.

I then e-mailed and faxed through a letter of complaint asking for written confirmation that the application has been delayed. I received no reply and then lodged a complaint with Solvit in Germany about 2.5 weeks ago.

I have not had any response and phoned Sovit in London and the very friendly person there told me that they (and the Home Office) are fully aware that they are "in breach" of the regulations. The problem is that they are just so snowed under that they can't keep their heads above water. What's more, they are inconsistent by granting ILR to some people well within the 6 months and others taking much longer.

Apparently this goes for the 5-year residence permit as well.

So, I wish you all good luck. I will let you know if anything changes with my situation, but in the meantime I will sit on my hands and wait for another few weeks before maybe going down there with a lawyer.

Chris