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My feeling is that the Home Office is completely incapable to admit a mistake. Like a naughty child, they would rather go through the most ridiculous excuses than just face up to it. Whether that is a good mindset for guaranteeing the safety of a country remains an open question...sierrammike wrote:till Aug there was a 7 month Backlog. but, it has just reached the 10 month limit. and since holiday season is approaching it might cross over to 11 and 12 month also. The home office should atleast inform the applicants abt the backlog. Their website says that applications should be decided in 6 months. No doubt there will loads of applications, but what are the applicants supposed to do? the home office should atleast clarify its position.
That is a scary thought, because indeed they could. However, that would require more staff to process the payments, and this staff is just not available.Alternatively, the Home office can also charge a nominal fee to speed up the process by employing people. given the current economic conditions am sure ther will be many takers.
Like not being able to apply for a Schengen visa? I think that is a serious restriction of the personal freedom, and if you loose out on a paid holiday, it is well worth asking for damages.Frontier Mole wrote:Damages - what damages could they claim for? The EEA PR does not confer any additional rights. Get real!
I also happen to know a few member states that have a system in place that works really well. And as it happens, they also cope better with illegal immigrants, because they coordinate local and central efforts.I think you might find it is not just the UK that is less than worried about the 6 months guidance being exceeded for EEA apps.
The UKBA is representing the state, and as such at has to respect the law. Otherwise the "contrat social" is broken, and the state lose all moral right to coerce citizens. Illegal immigration may be an import issue (although I doubt your numbers), but it is secondary to the law.As for being naughty - what would you rather have - EEA app problems or a couple of hundred thousand more illegals in the country every month?
That is true, but there are also a number of places where the 6 months period is still assumed. This is in the instructions for employers to check for the right to work, in the Certificate of Application, and it was the advice given to people when they applied.And the waiting time for EEA process is published so it is not a case of hiding the situation.
You are talking rubbish. They can apply for a visa to whatever country they want. UKBA is not restricting their movement or right to do so. As for losing out on a paid for holiday, I think you better read some law before you suggest the best route is to sue. Try and start with cause and effect and a little bit of contract law.thsths wrote:Like not being able to apply for a Schengen visa? I think that is a serious restriction of the personal freedom, and if you loose out on a paid holiday, it is well worth asking for damages.Frontier Mole wrote:Damages - what damages could they claim for? The EEA PR does not confer any additional rights. Get real!
I am sure it does. One question would be whether contract law is applicable, which I am not convinced of. There is no contract between the UKBA and the applicant, but there is the law by which both are governed. To make a comparison, it is more as if I speed, lose control of my car, and ruin the front yard of a third person. Surely the judge would grant that person damages?sierrammike wrote:The Idea of paying damages would raise a whole new set of problems.
First of all the statement in the letter is pretty much irrelevant for you. It is like a letter in which I promise not to mug you - nice language, but no substance. However, I do believe that they will send you another letter if you complain - we certainly got one. So if you are in that situation, it is worth contacting the UKBA.in the acknowledgement letters given by the home office, a certain clause there says that the decsion will be given in 6 months. which employer/university is going to risk having a person after these 6 months have expired? i do not think that the home office give another letter(correct me if i am wrong) to say that the application is still not decided.
5.9 Six-month rule
Community law requires us to decide applications for a Residence Card within 6 months from the date of receipt of the application. Every effort should be made to do so, particularly where an applicant draws our attention to an alleged breach of this requirement. Failure to comply with this requirement could leave the Home Office open to a claim for damages.
Is this not true for the UK as well?They do not have a clue about who is in the country and what their background is. Post grant checks are not done so they are really out on a limb.
I never questioned that there has to be an element of loss, and on the whole I agree that the total cost is probably marginal. Even with many applications, few will have provable damages, and even fewer will go to court over it. But that does not mean it is impossible if you find yourself in that situation.Frontier Mole wrote:The magic word is could but the devil will be throwing snowballs in hell before that happens on a worrying basis.
About 2 years ago there was a massive panic about this when the six months was be close to being exceeded. But once they realised that to get damages there had to be a real element of loss and some other EEA countries were equally inundated they stopped worrying.
I have to say that I was quite pleased with the Dutch system: you apply locally, get your passport back with a temporary visa, and then a residence card is issue after a centralised check. Everybody is happen, and the amount of effort is much lower than all the back and for with the stupid EEA2 process. Also there is personal contact with the applicant, which I think is quite an important aspect to prevent fraud.There are a few EEA countries that hand out EEA family permits and residency like smarties, their police and intelligence agencies are crapping themselves.
Agreed, that does change the situation. But why is it so difficult then to get a Residence Card following an EEA Family Permit, or just to have the Residence Card in a new passport? I understand that the UKBA wants to offer only the minimum service required by law, but this is actually causing a lot more effort, not less.Frontier Mole wrote:I think the difference in the UK is that there has been EC checks to some degree even if it was only at the point of entry.
Well, obviously we had just two experiences (and only one in Liverpool), but they both showed pretty basic mistakes. I know that I cannot generalise this, so these may be the exceptions.The staff are reasonably well trained, the Liverpool teams are vastly experienced and there are few newbie’s in the roles as jobs there are not easy to come by.
No, I am not saying there is, I am just saying there could be a significantly number of residence cards that should not have been issued. But that depends both on the number of mistakes and on the number of unjustified applications.So what you are saying is the system is riddled with fraudsters.... interesting concept.