EEA2 APPLICATION OVER THE SIX MONTHS RULE

Buzz · Post by **Buzz** » Thu Mar 08, 2012 10:11 am

I applied for an EEA2 residence card 9th August 2011. Home Office received application 11th August 2011.
I was issued COA after 2 week of application. six month has passed since i applied actually going in to the seventh month.
I called the HO 2 days to the sixth month the HO contact centre said i have to continue to wait until after six months before i can make any enquiry.

After the sixth month i sent an email to HO, which they responded to on 8th of February confirming that my application has been decided and residence card has been issued that i should be receiving my documentation back shortly.

I waited for another 2 weeks without getting anything from the HO. I sent another email to them and got response 22nd of February HO apologising and also confirming that my case has been decided residence card issued and has been sent to the despatch department, and the team leader has been contacted to expedite my case and to ensure that my documents are sent to me as a matter of urgency.

Till date i have not received my documents back from HO. I sent a complain email to UKBAcustomercomplaints@gsi.gov.uk. and i have been calling the contact centre almost everyday still no way forward.

Any advise would be appreciated.

Buzz · Post by **Buzz** » Thu Mar 08, 2012 8:18 pm

Any ideas my good people

Buzz · Post by **Buzz** » Wed Mar 14, 2012 3:30 pm

I Stll havent got my documents back from HO, 7months has now passed.
Senior member of the forum please advise me on what action i can take.
Thank you.

Post by **Obie** » Wed Mar 14, 2012 3:58 pm

Since you have complained and nothing has been done, perhaps you should proceed to an ombudsman or file a civil claim. It looks like it will be a meritous claim, especially if the delay has caused you loses.

a.s.b.o · Post by **a.s.b.o** » Wed Mar 14, 2012 5:39 pm

Try

UKBACustomerComplaints@homeoffice.gsi.gov.uk
NWCSU@homeoffice.gsi.gov.uk

the latter one is being particularly useful in my dealings with the "less than impressive UKBA bunch"

Treshan16 · Post by **Treshan16** » Thu Mar 15, 2012 8:37 am

Buzz... My husband is in exactly d same situation as u.. I emailed the home office on d 16th feb and they said a decision has been dispatched to our legal representative on d 8th feb Nothing still recieved by our lawyer.. It's 5 weeeks now since that email and going to 6 weeks.. I v rang d contact centre and emailed again and it's d same response.. D latest one as of Monday was to write to them indicating that we haven't recieved d documents.. Please let me know when u get yours

Buzz · Post by **Buzz** » Wed Apr 04, 2012 7:27 pm

All Glory to God Almighty HO sent my RC!!!
RC issued on A4 paper. HO did not return my passport, marriage certificate and other documents.I don't understand why they issued RC on A4 paper when they've got my passport.waited for almost 8months.

My timeline as follow:
EEA2 application sent 09/08/11
Received by HO 10/08/11
COA sent received 25/08/11
RC issued 05/01/12
RC received 02/04/12.

Post by **EUsmileWEallsmile** » Wed Apr 04, 2012 9:24 pm

Buzz wrote:All Glory to God Almighty HO sent my RC!!!
RC issued on A4 paper. HO did not return my passport, marriage certificate and other documents.I don't understand why they issued RC on A4 paper when they've got my passport.waited for almost 8months.

My timeline as follow:
EEA2 application sent 09/08/11
Received by HO 10/08/11
COA sent received 25/08/11
RC issued 05/01/12
RC received 02/04/12.

Complain. I wonder have they mislaid or worse lost your documents?

Post by **EUsmileWEallsmile** » Wed Apr 04, 2012 9:25 pm

Also, see this thread.

http://www.immigrationboards.com/viewtopic.php?t=99483

Buzz · Post by **Buzz** » Wed Apr 04, 2012 9:52 pm

Thanks EUsmileWEallsmile, i will send a complaint letter recorded delivery first thing tomorrow.

Post by **EUsmileWEallsmile** » Thu Apr 05, 2012 8:31 pm

Another quick question for you. What was the date on the residence card?

Buzz · Post by **Buzz** » Thu Apr 05, 2012 9:34 pm

RC was issued 5 January 2012.

Post by **EUsmileWEallsmile** » Thu Apr 05, 2012 10:08 pm

Buzz wrote:RC was issued 5 January 2012.

Goodness, 4 months for the card to be sent out! I suspect the "official records" may say decision made within six months (Aug - Jan).

Buzz · Post by **Buzz** » Thu Apr 05, 2012 10:15 pm

My concern now is getting my documents back from HO. I sent the complaint letter out today. hopefully they should get it by Tuesday

Post by **EUsmileWEallsmile** » Thu Apr 05, 2012 10:18 pm

I understand your concerns completely, your documents are what's most important in the first instance.

Post by **Directive/2004/38/EC** » Mon Apr 09, 2012 12:02 am

I would strongly suggest that you request financial compensation from UKBA. It will encourage them to take your complaint seriously, and actually find your passports and papers.

Request compensation because;
(1) They did not meet the legally binding 6 month limit on issuing the RC
(2) They have not taken due care with your passport

Post by **EUsmileWEallsmile** » Mon Apr 09, 2012 10:16 am

I have to agree that the OP has had very poor service in this instance.

Post by **Directive/2004/38/EC** » Mon Apr 09, 2012 12:41 pm

EUsmileWEallsmile wrote:I have to agree that the OP has had very poor service in this instance.

That is true, but that is not the reason for the compensation. It is because UKBA is doing things that are outside the law.

Buzz · Post by **Buzz** » Mon Apr 09, 2012 7:08 pm

Thanks Guys for your help on this matter.

I sent complaint to ukba last Thursday, I mentioned that they(UKBA) are in breach of the EEA guild line for not issuing residence card within six month and also issuing my residence card on A4 sheet as i have provided a valid passport which they didn't return with the residence card issued on ISD.

I also demanded that they should re-issue RC in my passport and other documents be be returned.

I am awaiting there response.

Could you please enlightening me on how to claim compensation from UKBA.

Thanks

Post by **Directive/2004/38/EC** » Mon Apr 09, 2012 11:20 pm

It is more than a guideline. It is the law. See http://www.legislation.gov.uk/uksi/2006 ... art/3/made

Issue of residence card
17.— [...]
(3) On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card and the residence card shall be issued no later than six months after the date on which the application and documents are received.

See http://eumovement.wordpress.com/eu-coun ... d-kingdom/
The section "Useful information for EU citizens and their families" has information about complaints and compensation

olujay25 · Post by **olujay25** » Tue Apr 10, 2012 8:24 pm

In my experience dont ask for any compensation it will just prolong the matter, make a complain to this address NWCSU@homeoffice.gsi.gov.uk or fax this number 0151 2131514 (i did both email and fax) detailing everything that happened and request that your RC is transferred to your new passport(get another one) without you having to re-apply for it to be transferred, stating that it is only fair that they do that considering that they lost your passport. Believe me it took just 3-4 weeks from date of sending my new passport to the day it was returned to me with my permit transferred.
I know everyone is saying ask for compensation but thats not the way all the time. We should be greatful sometimes for the opportunity we have in this country especially those of us from Africa.

Buzz · Post by **Buzz** » Wed Apr 11, 2012 12:00 am

Olujay, Thanks for the advise. I sent you a private message regarding how you got your passport re-issued at the Nigerian Embassy could you please respond to it.
Once again thank you.

olujay25 · Post by **olujay25** » Wed Apr 11, 2012 12:50 pm

I have replied you via private message.

Buzz · Post by **Buzz** » Wed Apr 11, 2012 12:55 pm

Hi,
I just checked my private box i didn't get it. could you please resend it.
Thanks

olujay25 · Post by **olujay25** » Wed Apr 11, 2012 2:06 pm

Buzz, I just resent now.

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EEA2 APPLICATION OVER THE SIX MONTHS RULE

EEA2 APPLICATION OVER THE SIX MONTHS RULE