Page 1 of 1

How should we deal with this ECO?

Posted: Thu Dec 20, 2012 9:59 pm
by shammyat
I'm after a bit of urgent advice on how I should deal with this case. Basically I won an appeal against the ECO in Beirut, Lebanon who refused an EEA FP for my parents (financial dependency under EEA regulations). I'm non-EU but my wife is and exercising treaty rights here.

So after the allowed appeal the SAT didn't challenge the judge's determination and hence it was passed to the embassy to implement the decision. My parents have been contacted by the embassy to re-submit their passports which they did.

So far so good .. however:

My parents are of Syrian citizenship and as result of ongoing unprecedented violence they have fled the country to Lebanon where they submitted their passports many weeks ago. They're stuck obviously being unable to return back home without passports nor can travel to anywhere else. The timeframe for allowed appeal would be 8 weeks from the time it received to the Post, as per the UKBA guidance to the ECO:

"APL2.15.1 What is the timeframe?

Once Post is notified of an allowed appeal, a visa should be issued within 8 weeks from the date of receipt at Post. To issue a visa the appellant will be contacted to resubmit their passport. On the very rare occasions, as specified in ECG (APL 2.5-2.8), when an ECO decides not to issue a visa after an allowed determination, any re-refusal and / or revocation should be completed within the same timeframe of 8 weeks."

So more than 8 weeks have been elapsed since my parents were contacted and they are still waiting while the cost of their stay in a country such as Lebanon's steadily increasing.

They were treated in a such loutish and barbarian manner by the security staff when attended the embassy enquiring for update. The visa section won't answer emails nor the receptionist would give any update over the phone. I (son) faxed and emailed the consul complaining about their service but yet to receive any response.

My parents got some far relatives in Jordan and thought it'd be cheaper to live with them while waiting their UK visa. So they requested their passports back to travel hoping the visas might have been stamped. Instead the receptionist handed their documents back shouting that my parents should apply again from the scratch as the whole process has been terminated when my parents withdrawn their passports.

The festive holidays are approaching and I'd have thought all the visa section staff would fly back to the UK to spend the holidays with their families, and eventually my parents status would have been put on hold till after the new year.

I'm just wondering who should I write to complain about the embassy's conduct in Beirut? and how to escalate this unusual situation: Shall I get my MP to write to the embassy directly? or Shall I get in touch with the SOLVIT? Shall I make a formal complaint to the UKBA here? and finally what would happen next?

Looking forward to hear your thoughts.

Posted: Sun Dec 23, 2012 12:51 pm
by Directive/2004/38/EC
It is a little hard to know what to suggest. I would suggest they submit their passports in Beirut, along with a copy of the appeal order. Explain (in writing) that they have had to flee Syria, and wish to have the EEA FP issued now.

Ideally do this in a way that forces a refusal, if any, to be done in writing.

Alternatively, do they have a way of easily flying to other European member states, such as Germany or France?

Posted: Sun Dec 23, 2012 3:29 pm
by shammyat
Thanks for your advice. In fact I have written to the consul explaining why parents had to flee the country (although Syria's tragedy should be known already to everyone nowadays), and that my parents should they decide to go back home they wouldn't be able to do without their passports but , as I said, we have received no response back yet. As they've moved to Jordan already I was thinking to send the passports back by special delivery to the embassy in Beirut with a cover letter explaining why my parents left Lebanon, and see how it goes .

Your alternative suggestion (travel to another EU country) sounds bit interesting. My wife's relatives live in Spain and I think we could mange to get my parents a visit visa (Schengen) to Spain, but wondering how can I then get them here to the UK. I probably would be able to drive down to Spain by my car but would I be able to convince the UKBA officers to let my parents in on the borders (think passports would be checked on departure point before getting to the UK lands (Ferries in Spain or could do it to France and catch the Eurostar),

Your advice is much appreciated as I'm really concerned about my parents welfare and safety.

Posted: Sun Dec 23, 2012 10:42 pm
by Directive/2004/38/EC
http://ukinsyria.fco.gov.uk/en/ says:
The British Embassy Damascus has suspended all services and all Diplomatic personnel have been withdrawn from Syria.

Those who choose to remain in Syria or to visit against our advice should be aware that we cannot provide consular assistance in country.
Atr you sure they expect your parents to process their visa in Syria?

Posted: Mon Dec 24, 2012 12:22 pm
by shammyat
I am aware the UK embassy in Damascus has been shut down and hence how my parents ended up applying in Beirut for their visa, which was appealed against and allowed. I'm just annoyed about the embassy conduct in handling the judge's decision to issue the visa as they're exceeding the timesframe set by the UKBA in such cases. I'm also wondering if my parents would be allowed in the country (UK) if they present their passports (without EEA FP) but only the original courts determination to the UKBA officer on borders - travelling from France/Spain (of course will be travelling with the EU national who would be my wife in this case)

Posted: Mon Dec 24, 2012 12:39 pm
by Directive/2004/38/EC
I think it will be easiest to try to arrange things for them where they are.

If that does not work, then look to bring them to the UK through France.

You need to move beyond annoyance at rudeness. UKBA is not legally obliged to be pleasant or to do the right think. But they are obliged to follow the law. So keep that as the focus!