Applying for EEA Family Permit in Spain.

jrge · Post by **jrge** » Mon Apr 23, 2012 5:36 pm

Laura721 wrote:And congratulations to your friends, by the way!

Hi,

Any news yet?

Laura721 · Post by **Laura721** » Mon Apr 23, 2012 10:40 pm

Hi jrge, thanks for asking. Nothing yet, I emailed worldbridge today to try and get an update, will call wed/thurs as basically 15 working days will have passed wednesday. Time goes v slowly, not nice at all.

Laura721 · Post by **Laura721** » Tue Apr 24, 2012 1:52 pm

"Once a decision is made on your application you will receive an email from the British Consulate."

Part of the worldbridge reply to me, Jrge, are you able to verify with your friends if they did receive an email when the decision was made ie before receiving documents back? Much appreciated

"Please be informed that it is not possible to track the status of visa applications submitted in Spain. The visa process for non-settlement applications may take up to 15 working days (weekends and local holidays are not included) after the day of your appointment."

I been told to contact them on Thursday when 15 working days is up. If it is impossible to track an application then it will be interesting to see what they are going to do on Thursday.

Laura721 · Post by **Laura721** » Wed Apr 25, 2012 11:57 am

Well, today is the 15th working day and no news. I am very concerned they are going to come back and say they lost everything.

Shall I write to worldbridge now or this evening?

newbieholland · Post by **newbieholland** » Wed Apr 25, 2012 12:02 pm

Laura721 wrote:Well, today is the 15th working day and no news. I am very concerned they are going to come back and say they lost everything.

Shall I write to worldbridge now or this evening?

I would suggest write or call WBS this morning and wait till the end of the day ! You should have either the outcome or reasons explaining any further delays.

Laura721 · Post by **Laura721** » Wed Apr 25, 2012 12:12 pm

Thanks, have written to them again just now by email and will call in the morning if I hear nothing. Going to have to top up my phone with loads of money first, the cost is just ridiculous.

newbieholland · Post by **newbieholland** » Wed Apr 25, 2012 12:22 pm

Laura721 wrote:Thanks, have written to them again just now by email and will call in the morning if I hear nothing. Going to have to top up my phone with loads of money first, the cost is just ridiculous.

Trust me I know it! But it will be worth your while! We hope you have the outcome today.

Laura721 · Post by **Laura721** » Wed Apr 25, 2012 12:30 pm

Thanks very much. Hope so too. It sounds so pathetic probably but I just feel like bursting into tears to be honest. I just want to go home to my country, with my husband.

jrge · Post by **jrge** » Wed Apr 25, 2012 2:01 pm

Laura721 wrote:Thanks very much. Hope so too. It sounds so pathetic probably but I just feel like bursting into tears to be honest. I just want to go home to my country, with my husband.

Hey you! Cheer up, now you have to be stronger than ever in order to bring your husband home. Let's leave the tears for later, can we?

I've spoken with my friend today, and his wife didn't receive any email at all during the process, only the day after she had received her documents they sent her a survey to fill out.

I've read again all your old postings, and it seems you have done everything right.

I believe your husband's FP will arrive in the next couple of days.

Laura721 · Post by **Laura721** » Wed Apr 25, 2012 2:11 pm

Thanks jrge

will keep you all updated.

Laura721 · Post by **Laura721** » Thu Apr 26, 2012 8:11 am

Have just got off the phone with Worldbridge, who told me they will get back to us before 5pm today probably by email.

Laura721 · Post by **Laura721** » Thu Apr 26, 2012 1:43 pm

I have just received this email from the Madrid Visa Section after calling Worldbridge today at 9 am:

Dear ,

We are writing to you following receipt of your email regarding your husband’s visa application for the UK. We have checked the status of your husband’s application and it is still being processed. Please note that applications can take 15 days or longer.

Yours sincerely,

Madrid Visa Section

Is this acceptable? I find this unacceptable for an EEA Family Permit application. I do not know if I can even reply to the email but I want to try. Please help me, what can I say? Appreciate any response please please please, going out of my mind here

thank you.

jrge · Post by **jrge** » Thu Apr 26, 2012 2:35 pm

Laura721 wrote:I have just received this email from the Madrid Visa Section after calling Worldbridge today at 9 am:

Dear ,

We are writing to you following receipt of your email regarding your husband’s visa application for the UK. We have checked the status of your husband’s application and it is still being processed. Please note that applications can take 15 days or longer.

Yours sincerely,

Madrid Visa Section

Is this acceptable? I find this unacceptable for an EEA Family Permit application. I do not know if I can even reply to the email but I want to try. Please help me, what can I say? Appreciate any response please please please, going out of my mind here thank you.

Hi Laura,

I'm sorry to hear about this delay. I know how frustrating this can be. I've been waiting for some documents to be approved since January, and every day is a complete challenge.

You certainly can go ahead and politely remind them what Directive 2004/38/EC says:

"Such permits shall be issued free of charge, as soon as possible and on the basis of an accelerated procedure.“

But honestly, I don't think they will come back to you with an expedited answer. You can always try!

newbieholland · Post by **newbieholland** » Thu Apr 26, 2012 10:24 pm

Hey Laura,

I am sure there is a provision in the directive that they would have to give you a viable reason for holding the application for longer than 21 days or 15 working days. I will try and find out the link and postit here tomorrow as I can't do much on mobile right now. Meanwhile speak to your Europe free online chat tomorrow morning to find out the relevant legislation.

Stay strong . We have recently been through this and I know how it feels. God bless!

Laura721 · Post by **Laura721** » Fri Apr 27, 2012 9:16 am

Thanks Newbie, the only thing I can see is in the UK Border Agency Staff Guidance Notes where it says any delay should be justified. They gave me no reason for the delay. Please send me link when you can, although I did send them an email yesterday which may have been ignored. Should I just post another query through Worldbridge with this information later on and see what happens?

Laura721 · Post by **Laura721** » Fri Apr 27, 2012 11:04 am

Blimey, the Consulate actually replied to my second email! At least I know now I can hassle them at that email address directly now!

My reply yesterday to them saying the application was still being processed was:

Dear Madrid Visa Section,

Although I appreciate the reply from you after my call to Worldbridge this morning, I would like to point out the UK Border Agency's staff guidance for an EEA Family Permit:

EUN2.3 How quickly do I need to issue an EEA family permit?

Priority must be given to applications for EEA family permits. Wherever possible a decision should be made at the time it is lodged or after an interview is conducted.

However, the Regulations do not say that EEA family permits must be issued on the day that the application is made. As long as delays are justifiable, applications can be tested until the ECO is fully satisfied.

The 15 working days passed yesterday and although you have told me my husband's application is still being processed, you have not justified the delay as per the above sentence.

Also:

Directive 2004/38/EC says:

"Such permits shall be issued free of charge, as soon as possible and on the basis of an accelerated procedure.“

I might also add that at the Madrid Consulate we were told it would take no longer than 15 working days, and if this time passed we should contact you and find out what is going on. Although you have said it is still being processed, we do not know why.

I therefore kindly ask you to please assist us and allow us to know what is the justified reason for the delay and when we are likely to hear something back regarding our application.

Kind regards,

Their reply just now:

Dear Ms. Ortiz,

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.

Best regards,

Madrid Visa Section

Can I hope for good news with this message? They can check what they want, we were completely truthful in the application and cover letter so they know all about past issues.

jrge · Post by **jrge** » Sat Apr 28, 2012 5:42 pm

Laura721 wrote:Their reply just now:

Dear Ms. Ortiz,

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.

Best regards,

Madrid Visa Section

Can I hope for good news with this message? They can check what they want, we were completely truthful in the application and cover letter so they know all about past issues.

Well, credit shall be given to them for responding quickly and acknowledging there's a delay and are still working on your application. Although, not a definite answer.

Like I mentioned before, you have done more than other applicants in worst circumstances.

Cheer up! We are praying for you!

newbieholland · Post by **newbieholland** » Sat Apr 28, 2012 10:07 pm

You should be fine if everything is in place. Be Strong girl

Laura721 · Post by **Laura721** » Mon May 07, 2012 12:04 pm

We did it. Got an email that the permita had been issued after my husband asked them to confirm by email due to the delay!!!!!!!!!!!!!!!!!!

jrge · Post by **jrge** » Mon May 07, 2012 1:13 pm

Laura721 wrote:We did it. Got an email that the permita had been issued after my husband asked them to confirm by email due to the delay!!!!!!!!!!!!!!!!!!

CONGRATULATIONS....! All your hard effort has paid off.

They question is: when are you flying back home?

Very, very happy for you!

Laura721 · Post by **Laura721** » Mon May 07, 2012 1:17 pm

Thank so much Jrge!

Got to give notice at work, so fingers crossed May 26th we leave, got to confirm tomorrow at work. I did wonder, will the immigration police at Madrid airport say anything to my husband when we are leaving? We have the permit of course, but it will be pretty obvious he has been in Spain without a residence card (as we needed to wait until October for our appointment) and prior to our marriage he was illegally living here. On the other hand his passport is biometric and he is in the Schengen zone although longer than he should have been (no stamps though).

jrge · Post by **jrge** » Mon May 07, 2012 5:22 pm

Laura721 wrote:Thank so much Jrge!

Got to give notice at work, so fingers crossed May 26th we leave, got to confirm tomorrow at work. I did wonder, will the immigration police at Madrid airport say anything to my husband when we are leaving? We have the permit of course, but it will be pretty obvious he has been in Spain without a residence card (as we needed to wait until October for our appointment) and prior to our marriage he was illegally living here. On the other hand his passport is biometric and he is in the Schengen zone although longer than he should have been (no stamps though).

That's a very interesting question and I wouldn't even dare to speculate in that regard.

The only thing I personally hope and wish, is a smooth exit from Spain and for y'all to finally come home to start building your lives again.

Post by **EUsmileWEallsmile** » Mon May 07, 2012 8:09 pm

Laura721 wrote:Thank so much Jrge!

Got to give notice at work, so fingers crossed May 26th we leave, got to confirm tomorrow at work. I did wonder, will the immigration police at Madrid airport say anything to my husband when we are leaving? We have the permit of course, but it will be pretty obvious he has been in Spain without a residence card (as we needed to wait until October for our appointment) and prior to our marriage he was illegally living here. On the other hand his passport is biometric and he is in the Schengen zone although longer than he should have been (no stamps though).

How will the police know how long he has been in Spain (you say no stamps)?

In general, non-compliance with regulations could lead to non-discriminatory and proportionate sanctions (a fine in plain English).

He cannot be prevented from leaving Spain to go to another EU country according to article 4 of the directive (unless say wanted by the police for something).

Have you complained about the length of time taken to get an appointment for a Spanish residence card?

newbieholland · Post by **newbieholland** » Tue May 08, 2012 12:57 pm

Laura721 wrote:We did it. Got an email that the permita had been issued after my husband asked them to confirm by email due to the delay!!!!!!!!!!!!!!!!!!

Very happy for you! Congratulations!

Laura721 · Post by **Laura721** » Tue May 08, 2012 4:33 pm

Thanks so much, we did complain to the European Commission but we haven't heard anything. I guess we won't be needing it anyway now.

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Applying for EEA Family Permit in Spain.