Legal action Due to to Delays

[tomereps]

Hey there.

Im married to a German citizen, and I have a job here in the City.
I submitted my EEA FM application on April 9th, and the fees were deducted on April 13.
I got my acknowledgement letter on June 15.
It has now been almost 12 weeks since my application was received, and I didn't get anything else since.
Im currently waiting for my Bio enrolment letter.

In the meantime I had to leave my place of work since my current visa has expired on June 1st.
I've tried repeatedly to contact the home office by phone or by mail, and all I got were obscure general responses. I tried the online link for checking my application status, but it doesn't work for me.

any advice on what I should do? I'm about to lose my job permanently because of these delays...
thanks in advance.

[Obie]

Need to send them a pre- action protocol, threatening legal action if you lose your job as a result of their failure to issue a COA within a timely manner.

Your employer will be in breach of EU law to dismiss you.

[tomereps]

ok, thank you.

I'll do that.
It's good to know and I hope it doesn't come to that.

Has anyone ever had luck with taking legal action against the Home Office for Due Diligence?
Even if I keep my job, I already lost one month's pay, and It seems like I'm about to lose another one.

[tomereps]

Hello,

Has anyone ever had experience with taking legal action against the Home Office for Due Diligence?

Im married to a German Citizen, and because of long delays while waiting for my biometric enrolment letter ( currently 12 weeks since application was submitted and still counting), I was forced to leave my Job.

Even if I keep my job, I already lost one month's pay, and It seems like I'm about to lose another one.
I would appreciate any advice.
thanks in advance.

[Obie]

You need to send a Pre Action protocol, detailing the loss, as a result of their failure to implement EU law, and take it from there.

[tomereps]

thank you.

do I need to approach a lawyer first or I can do it on my own at this stage?

if on my own, how is the Pre Action Protocol sent? by post or by email is enough? is there some sort of a format? I don't have any legal experience unfortunately...

[Obie]

Have you lost your job at present? Did you put them on notice that you were about to lose your job. Has your company made enquiries. Was there any dismal proceeding before you were dismissed?

[tomereps]

My Employer tried to make contact with them prior to the end of my Visa period ( which was all inside the expected timelines ), but couldn't get a clear response,

I approached them repeatedly informing them that I had to leave my job until it is sorted, and If I can get the letter, or at least an estimate.
I got none.

luckily My job will be waiting for me, but I did lose income, and will until it is settled.

[Obie]

You had an EEA Family permit before all of this right?

[CR001]

Topics merged

[tomereps]

yes. It was valid while I submitted my application

[Obie]

Yes, you should be able to seek cost, and get them to send you a COA.

It is strange that you have not received BRP enrolment.

I know there is a long delay, but in your case, it is close to 3 months, which is unacceptable.

[tomereps]

yeah. It is extremely frustrating.

so first thing would be to send them an email that Im about to take legal action?
and then find a lawyer for Compensation? or finding a lawyer prior to everything is best...

[Obie]

That will be one way of going about it.

I also believe it is not only UKVI that are liable to you, but your employer is also doing the wrong thing. He should never had suspended you in the first place.

[tomereps]

that's interesting...
my immigration adviser told me the same thing, and I already checked that option.

I know they tried to get information whether or not I can work, but since they didn't get a response from them, they couldn't take the risk.

[Obie]

That is not quite right, they Home Office is as much bound by EU law, as your employer.

The fact that you do not have a stamped document as a matter of law, does not justify your suspension.

[tomereps]

ok.
I wish I knew that before. the problem is there was no one in the Home office that can supply that information, or assure them that's that is the case.

I guess its a bit late for that now, I just not have to concentrate on getting the COA, and try to get compensation for that period some how.

thanks for the help!

[Obie]

It is not late yet i believe, to pursue both the Home Office and the employer. They could have asked for evidence of your wife's treaty rights and your marriage certificate, together with your respective identifications.

[tomereps]

cool.

Ill try that.
thanks again!

[Wanderer]

From my days in the Law, I think you'd have to prove negligence, and steps taken to mitigate - never easy.....

Mind you, it's been 20-odd years since I got my Law Degree, and I ended up working in IT.....

[Chelsuz85]

From my days in the Law, I think you'd have to prove negligence, and steps taken to mitigate - never easy.....

Mind you, it's been 20-odd years since I got my Law Degree, and I ended up working in IT.....