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Speeding up EEA4 application?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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cgarcia
Newly Registered
Posts: 2
Joined: Mon Mar 25, 2013 8:09 pm

Speeding up EEA4 application?

Post by cgarcia » Mon Mar 25, 2013 9:22 pm

Hello,

I am writing to share my experience of what I believe helped me to get my EEA4 permit issued and hopefully help others in a similar situation.

I submitted my application on 25/09/12 and got the COA in October. By early March I had not received a reply and was very worried as I was due to travel end of March so I called the UKBA's Contact Centre who were mostly unhelpful and even provided incorrect info. I then found info on the internet that led me to sections of the UKBA's website where I found out that the UKBA are breaching EU regulation (and their own manual) by not issuing the cards within 6 months of application; that I could re-enter this country without a Perm Residence Permit and that I could request priority of application (links below).

I wrote to the UKBA (letter sent special delivery so they could not claim that they had not received it) quoting the European Directive 2004/38/EC and requesting priority on the basis that my application had been submitted over 3 months earlier and that they were causing me great distress (mentioning my baby may have helped). I got all documents back including passport with permit 8 working days later.

I felt that the Contact Centre staff either did not know their own regulations or were deliberately providing misleading information but as soon as "threw the book at them", things moved quite quickly.

These are the docs I got all the info from (all available on the UKBA website but a bit "hidden")

1. Card to be issued within 6 months (European Directive - Page 35, article 20)
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

2. Card to be issued within 6 months (UKBA's European Casework Instructions - Page 9, section 3.1)
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3. Card to be issued within 6 months - once again (UKBA's European Casework Instructions - Pages 4 and 5, section 3.2)
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

4. Non-EEA relative has the right to re-enter this country without the Perm Residence Permit ( Border Force Operations Manual - Page 8, section 5.5)
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

5. Request for Priority in Processing Application (European Casework Instructions - Page 2, section 1 and Page 5, 1.3 to 1.6)
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I have made a few Freedom of Information requests to the UKBA for data on overdue EEA4 applications so if anyone is interested you can have a look at https://www.whatdotheyknow.com/user/c_garcia (the replies are due in mid-April)

Best of luck with your applications.
C Garcia

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Tue Mar 26, 2013 2:08 pm

many thanks for sharing your experience.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

Hubba
Member
Posts: 210
Joined: Mon Aug 13, 2012 12:25 pm

Post by Hubba » Tue Mar 26, 2013 3:41 pm

That was a great post, which I'm saving for when I need it early next year.

Thanks, cgarcia.

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