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After 5 days waiting, I would send a complaint to the relevant UK Embassy, CC the Commission, citing above law, and asking them to justify the wait. Sample letter:2004/38/EC wrote:Article 5
Right of entry
(...)
2. Family members who are not nationals of a Member State
shall only be required to have an entry visa...
(...)
Member States shall grant such persons every facility to obtain
the necessary visas. Such visas shall be issued free of charge as
soon as possible and on the basis of an accelerated procedure.
To be fair: You will (most probably) not receive any reply from the UK-Embassy, but the Commission usually replies. While their replies are usually meaningless and bureaucratical "little strokes fell big oaks", and eventually we´ll get a solution...from: me
to: UK Embassy
cc: "EU Commission - Complaints" <sg-plaintes@ec.europa.eu>
Dear Madam or Sir,
on <<date>> I, <<name>> of <<nationality>> nationality, married to <<name>> of <<nationality>> nationality applied for a UK-entry visa for my non-EEA spouse.
The UK-Authorities call this entry-visa "EEA Family-Permit" or "EEA-FP".
I applied for this visa based on article 5, section 2 of 2004/38/EC, which stipulates that any visa for EEA-family-members should be "issued free of charge as soon as possible and on the basis of an accelerated procedure."
After <<x>> working days I wonder about the legality of the delay in the processing of my spouse´s visa.
I hereby also request an explication in what way our application has been "accelerated" over other "normal" applications, as the law demands.
Thanks and regards,
<<me>>
Don't worry it will be all fine, think positive if you think of it.Laura721 wrote:Another swift reply from the Madrid Visa Section!....
Just be patient till the end of the day now. Hope you post the good news soonLaura721 wrote:Another swift reply from the Madrid Visa Section!
Dear Ms. Ortiz,
We have now received the results of the checks on your husband’s application and an official will be looking at his case today. A decision should be taken this afternoon so we expect to be able to send out his passport either today or tomorrow.
Best regards,
Madrid Visa Section
I feel sick now.
I emailed Worldbridge and got that too, then I called Worldbridge, got same email from them and then the Madrid Visa Section emailed me directly. I have been in touch with them directly ever since by email. We get the passport back on Monday, she said this morning.ultragujar wrote:on the query after 15 working days, got the following reply from Worldbridge:
"In regards to your question, we would like to let you know that due to the nature of your request it is being escalated for detailed research. Please be informed that we understand the importance of your issue, and we strive to respond as quickly and thoroughly as possible."
still waiting for update...
here is the reply of my last email from worldbridge:mEEA wrote:I should be contacting them soon. I appreciate your updates.ultragujar wrote:I emailed to worldbridge again, asking them for the contact numbers and email addresses for the visa section....let's see if they would provide.
Thisincludes a list of the holidays.ultragujar wrote:... on coming Tuesday (earliest) as there is Bank Holiday in UK...
Listen! this that you did not receive an email has absolutely no meaning. Watch old photos, watch some movies that you like etc.Laura721 wrote:The decision for our application was made yesterday and the courier collected our documents at 5pm in the afternoon from the consulate. So on Monday we will receive these but I am concerned because I have heard others got an email from the embassy for feedback the same day of decision or next day, I didnt receive this - is that because it will probably be sent on Monday or is it because our application may have been refused? Does it mean anything? I may well be paranoid, I am having a horrific, slow weekend just waiting for Monday morning
Until you receive the package you will not know what's in it. Relax.Laura721 wrote:The decision for our application was made yesterday and the courier collected our documents at 5pm in the afternoon from the consulate. So on Monday we will receive these but I am concerned because I have heard others got an email from the embassy for feedback the same day of decision or next day, I didnt receive this - is that because it will probably be sent on Monday or is it because our application may have been refused? Does it mean anything? I may well be paranoid, I am having a horrific, slow weekend just waiting for Monday morning :cry:
What were the exact words UKBA used?Laura721 wrote:On the other hand every time I have email the visa section of Madrid embassy they have got back to me within 24 hours. Them justifying the delay was that UK border agency had not got back to them with the obligatory checks results and without those they cannot make a decision.
I hope all will be good, at least you have heard something. we are still out of queue.......please inform us as soon as you receive the package, we all are waiting for a good news....cheersLaura721 wrote:The decision for our application was made yesterday and the courier collected our documents at 5pm in the afternoon from the consulate. So on Monday we will receive these but I am concerned because I have heard others got an email from the embassy for feedback the same day of decision or next day, I didnt receive this - is that because it will probably be sent on Monday or is it because our application may have been refused? Does it mean anything? I may well be paranoid, I am having a horrific, slow weekend just waiting for Monday morning
After they told me it was still being processed I asked them to justify the delay and they replied saying:Directive/2004/38/EC wrote:What were the exact words UKBA used?Laura721 wrote:On the other hand every time I have email the visa section of Madrid embassy they have got back to me within 24 hours. Them justifying the delay was that UK border agency had not got back to them with the obligatory checks results and without those they cannot make a decision.
Thank you mate, fingers crossed! I hope you hear something positive soon.ultragujar wrote:I hope all will be good, at least you have heard something. we are still out of queue.......please inform us as soon as you receive the package, we all are waiting for a good news....cheersLaura721 wrote:The decision for our application was made yesterday and the courier collected our documents at 5pm in the afternoon from the consulate. So on Monday we will receive these but I am concerned because I have heard others got an email from the embassy for feedback the same day of decision or next day, I didnt receive this - is that because it will probably be sent on Monday or is it because our application may have been refused? Does it mean anything? I may well be paranoid, I am having a horrific, slow weekend just waiting for Monday morning
They are spinning a line. Normally applications are not referred to the UK. They only refer them if they have policy questions that they want "management approval" or guidance on.UKBA wrote:We apologise for the delay in the processing of your husband’s application. The reason for this delay is that we are still awaiting the results of the obligatory checks that are carried out on all applications, and cannot take a decision until the results are back. We have alerted the UK to the fact that you have been waiting longer than usual, so they are aware of the need to send us the results as quickly as possible. As soon as we have them, a decision will be taken and your husband’s passport and original documents will be returned.