EEA2 Appeal Timelines - ONLY 1 TOPIC - UpToDate

[chrissyevans17]

Hi Everyone,

I've been an active reader on this site for ages, but only just joined as I feel I could use a bit of advice in my situation.

So heres my story so far- sorry its a bit of a long one...

Well in June 2008 I became pregnant with my daughter, I was 17 and my fiance (now husband, Adam) was a British citizen, who after he and his family moved back to the UK from the US, he would visit me often. We decided once I was 18 (my birthday is in December), because we had no family support in the states as we had in the UK, that I would apply for a Fiance Visa. Well November crept up and the UK changed its age law for visas from 18 up to 21. Adam had been told at his last visit, as he had visited me too often in the states, that he would need a visa to go back next time. At this point, that would have taken months for that application to go through (if it was accepted), time we didnt have as we wanted to be together for the birth of our daughter. We decided I would go over on a 6 month visitor visa, and seek legal advice in the UK.

So I came over in January 2009, had our amazing daughter in March. Immigration advisers were of no help to us at all as they could not provide us with any options because they said no matter what we did, I would have a problem because I was 18, and the law in both countries was 21. So, with the help of a very supportive uncle-in-law, were able to hire a (very expensive) lawyer to help out.

Her advice was to apply for Certificate of Approval to marry, and then apply for FLR as a spouse. I got my CoA in August (so was at the point an overstayer), and got married in September. Then went back to solicitors to start with the FLR application. Well we were living with Adam's mother who was receiving housing benefit, and did not list us on her tenancy once I moved over. That posed an issue to the application, so we moved into our own flat in October. Then she said that Adam should apply for his Tax Credits, in order to have a higher income down on the application before we apply. Finally in February, as tax credits still hadnt given him a decision (because I didnt have NI number and never did go through after appeals), she finally sent the form in anyways.

In May 2010, I received my refusal letter for FLR, because of my age. We had no right of appeal because I was an overstayer at the time of application. My solicitor also told us she was quitting and we had to find someone else.

Found new solicitors that did legal aid. Tried for Judicial Review on my application, which was refused, along with a letter from the barrister basically saying I could pay a couple hundred pounds or something and get a hearing, but he said that in that case, they would not consider human rights, and was unlikely to go through then. Although if I waited til I got deported, that I would then be granted an appeal. So at that point the plan was to stay, get deported and appeal, or go back to the US once I was 21 and reapply.

In Feb 2011, my husband began having psychotic episodes/ paranoia, and very sever anxiety, all of which he is still struggling with now. He has been unable to work, or even leave the house on his own since.

In November 2011, (right before my 21st bday, I have lots of luck with all of this obviously) the age law change was overturned. Anyone who was affected could apply for a reconsideration, if age was the only issue, which was in my case (My solicitors said the fact I was an overstayer was not reason for refusal, but reason to not grant appeal). My solicitors told me they sent that reconsideration in, and also said I should apply for EEA2 under the Zambrano case law, as a back up in case my reconsideration didnt go through for some reason, or if it took a while that at least Id be able to work here while Im waiting. Sounded good to me. Filled out the EEA2 form and said Id probably hear something in the next few months. Ill also say here that the solicitor (if she was actually one or not, she was very young for one if so) mostly spent the entire appointment saying how excited she was because she was going to Alton Towers that night with her friends. Oookkayyy.

Well those months passed with no word, so rang up the solicitors in March 201 to ask for an update. They said 'oh yea wed like you to come in for an appt as theres been recent updates related to your case'. Went in there, a new solicitor in the firm had now taken over my case. She starts telling me about the Zambrano case law and that I should apply for that. I told her we already did last time I came in. 'Oh well I can see that she had been thinking about it, but hadnt actually sent one out'.... annoying. Anyways applied for it then as the carer of both my daughter and husband. Asked if there were any updates on the reconsideration request, and she said they hadnt heard anything yet.

A couple months later got a refusal on that, saying my husband doesnt count as a dependent, no right of appeal. We wrote asking why my daughter wasnt considered, and BA sent exact same letter again. Soooo we started a new application.

In May 2013 I received my CoA for EEA2 DRC, dated 29 April.

After the 6 months, my solicitors wrote a letter to HO for an update, which we then received a letter from them stating how because its a derivative application, that the time limit doesnt apply, couldnt give me an estimate, but said they are dealing with it in order from date received, but that my CoA is still valid.

Because I had been having trouble finding work with only a copy of my passport, I rang up where it is held and asked if theres any way it could be released (couldnt hurt to ask), of course they said no. So I asked if they could update on my Reconsideration for FLR, they gave me another number to call. Explained it to them and they said, no the only application I have in is for EEA2, and hadnt had anything on my FLR application since it was closed in 2010.

So then! Spent over a month! trying to contact my solicitor, asking if she had a copy of the request sent since the BA didnt have it, so maybe if she had proof of postage we might still have a chance with that. Never got any response from her. My very supportive relative that I mentioned earlier, then called one of their other offices (This was Dec 2013) and spoke with the woman who dealt with my case there originally (who was now the head of that branch), who said she would have my file transferred to her to look into the matter, and couldnt believe my case was still outstanding.

The next week she tells us that, although I could have applied for a reconsideration, that the matter was never even discussed at any of our appointments, and that because EEA2 was free and that Id be able to work on that, that we had decided to just do that instead. Strange it didnt match up with any of MY records from appointments, but whatever. She then went on to say how confident they are in my application because Im the carer of both my daughter and husband, and that she wouldnt be surprised if I heard back from BA in January. I couldnt believe she said thats what my file stated, but if my EEA2 goes through then I guess it doesnt really matter anyways. BUT if it doesnt go through for any reason, the fact that they obviously forgot to send my application (By the way, I do keep records of every contact with them, including emails, letters, details of phone calls and appointments, etc), means I will likely have to get more help from my relative (which I hate because hes already helped us way too much, even though hes perfectly happy to do it) go for suing them for malpractice, as I dont think I should have to pay for future legal costs and application costs when it would have all been sorted 2 years ago, had they actually sent the form out. Ugh!

Sorry for the realllly long post, but if anyone has any advice for me, Id greatly appreciate it. Some things Im wondering about, is should I put in for a new FLR application before my legal aid runs out, in case my EEA2 does get refused (as you can tell Ive had really bad luck with all of this). ???
Also, my solicitors had said before that, if I have a pending application, that my legal aid certificate will remain valid. Is that even true, or will it end no matter what in February?
And, If it all goes badly, my EEA2 gets refused, I decide to go for malpractice, would that and my records showing it wasnt my fault they screwed my case up by not sending in the reconsideration requests be of any use on a future application to stay?

Thank you in advance!!
(Trying to stay positive, trying to stay positive...)

[anj03]

Thanks for reply OLA POUND I think its good for me if I call them tomorrow hope fully I get any positive reply from them,thanks for reply again broo.

[OlaDPounds]

Thanks for reply OLA POUND I think its good for me if I call them tomorrow hope fully I get any positive reply from them,thanks for reply again broo.

You're welcome bro. Take care and good luck

[OlaDPounds]

Hi Everyone,

I've been an active reader on this site for ages, but only just joined as I feel I could use a bit of advice in my situation.

So heres my story so far- sorry its a bit of a long one...

Well in June 2008 I became pregnant with my daughter, I was 17 and my fiance (now husband, Adam) was a British citizen, who after he and his family moved back to the UK from the US, he would visit me often. We decided once I was 18 (my birthday is in December), because we had no family support in the states as we had in the UK, that I would apply for a Fiance Visa. Well November crept up and the UK changed its age law for visas from 18 up to 21. Adam had been told at his last visit, as he had visited me too often in the states, that he would need a visa to go back next time. At this point, that would have taken months for that application to go through (if it was accepted), time we didnt have as we wanted to be together for the birth of our daughter. We decided I would go over on a 6 month visitor visa, and seek legal advice in the UK.

So I came over in January 2009, had our amazing daughter in March. Immigration advisers were of no help to us at all as they could not provide us with any options because they said no matter what we did, I would have a problem because I was 18, and the law in both countries was 21. So, with the help of a very supportive uncle-in-law, were able to hire a (very expensive) lawyer to help out.

Her advice was to apply for Certificate of Approval to marry, and then apply for FLR as a spouse. I got my CoA in August (so was at the point an overstayer), and got married in September. Then went back to solicitors to start with the FLR application. Well we were living with Adam's mother who was receiving housing benefit, and did not list us on her tenancy once I moved over. That posed an issue to the application, so we moved into our own flat in October. Then she said that Adam should apply for his Tax Credits, in order to have a higher income down on the application before we apply. Finally in February, as tax credits still hadnt given him a decision (because I didnt have NI number and never did go through after appeals), she finally sent the form in anyways.

In May 2010, I received my refusal letter for FLR, because of my age. We had no right of appeal because I was an overstayer at the time of application. My solicitor also told us she was quitting and we had to find someone else.

Found new solicitors that did legal aid. Tried for Judicial Review on my application, which was refused, along with a letter from the barrister basically saying I could pay a couple hundred pounds or something and get a hearing, but he said that in that case, they would not consider human rights, and was unlikely to go through then. Although if I waited til I got deported, that I would then be granted an appeal. So at that point the plan was to stay, get deported and appeal, or go back to the US once I was 21 and reapply.

In Feb 2011, my husband began having psychotic episodes/ paranoia, and very sever anxiety, all of which he is still struggling with now. He has been unable to work, or even leave the house on his own since.

In November 2011, (right before my 21st bday, I have lots of luck with all of this obviously) the age law change was overturned. Anyone who was affected could apply for a reconsideration, if age was the only issue, which was in my case (My solicitors said the fact I was an overstayer was not reason for refusal, but reason to not grant appeal). My solicitors told me they sent that reconsideration in, and also said I should apply for EEA2 under the Zambrano case law, as a back up in case my reconsideration didnt go through for some reason, or if it took a while that at least Id be able to work here while Im waiting. Sounded good to me. Filled out the EEA2 form and said Id probably hear something in the next few months. Ill also say here that the solicitor (if she was actually one or not, she was very young for one if so) mostly spent the entire appointment saying how excited she was because she was going to Alton Towers that night with her friends. Oookkayyy.

Well those months passed with no word, so rang up the solicitors in March 201 to ask for an update. They said 'oh yea wed like you to come in for an appt as theres been recent updates related to your case'. Went in there, a new solicitor in the firm had now taken over my case. She starts telling me about the Zambrano case law and that I should apply for that. I told her we already did last time I came in. 'Oh well I can see that she had been thinking about it, but hadnt actually sent one out'.... annoying. Anyways applied for it then as the carer of both my daughter and husband. Asked if there were any updates on the reconsideration request, and she said they hadnt heard anything yet.

A couple months later got a refusal on that, saying my husband doesnt count as a dependent, no right of appeal. We wrote asking why my daughter wasnt considered, and BA sent exact same letter again. Soooo we started a new application.

In May 2013 I received my CoA for EEA2 DRC, dated 29 April.

After the 6 months, my solicitors wrote a letter to HO for an update, which we then received a letter from them stating how because its a derivative application, that the time limit doesnt apply, couldnt give me an estimate, but said they are dealing with it in order from date received, but that my CoA is still valid.

Because I had been having trouble finding work with only a copy of my passport, I rang up where it is held and asked if theres any way it could be released (couldnt hurt to ask), of course they said no. So I asked if they could update on my Reconsideration for FLR, they gave me another number to call. Explained it to them and they said, no the only application I have in is for EEA2, and hadnt had anything on my FLR application since it was closed in 2010.

So then! Spent over a month! trying to contact my solicitor, asking if she had a copy of the request sent since the BA didnt have it, so maybe if she had proof of postage we might still have a chance with that. Never got any response from her. My very supportive relative that I mentioned earlier, then called one of their other offices (This was Dec 2013) and spoke with the woman who dealt with my case there originally (who was now the head of that branch), who said she would have my file transferred to her to look into the matter, and couldnt believe my case was still outstanding.

The next week she tells us that, although I could have applied for a reconsideration, that the matter was never even discussed at any of our appointments, and that because EEA2 was free and that Id be able to work on that, that we had decided to just do that instead. Strange it didnt match up with any of MY records from appointments, but whatever. She then went on to say how confident they are in my application because Im the carer of both my daughter and husband, and that she wouldnt be surprised if I heard back from BA in January. I couldnt believe she said thats what my file stated, but if my EEA2 goes through then I guess it doesnt really matter anyways. BUT if it doesnt go through for any reason, the fact that they obviously forgot to send my application (By the way, I do keep records of every contact with them, including emails, letters, details of phone calls and appointments, etc), means I will likely have to get more help from my relative (which I hate because hes already helped us way too much, even though hes perfectly happy to do it) go for suing them for malpractice, as I dont think I should have to pay for future legal costs and application costs when it would have all been sorted 2 years ago, had they actually sent the form out. Ugh!

Sorry for the realllly long post, but if anyone has any advice for me, Id greatly appreciate it. Some things Im wondering about, is should I put in for a new FLR application before my legal aid runs out, in case my EEA2 does get refused (as you can tell Ive had really bad luck with all of this). ???
Also, my solicitors had said before that, if I have a pending application, that my legal aid certificate will remain valid. Is that even true, or will it end no matter what in February?
And, If it all goes badly, my EEA2 gets refused, I decide to go for malpractice, would that and my records showing it wasnt my fault they screwed my case up by not sending in the reconsideration requests be of any use on a future application to stay?

Thank you in advance!!
(Trying to stay positive, trying to stay positive...)

Hi Chrissy,

Sorry you have to go through all this but I must say your solicitors have been negligence and also manipulated your situation. So far I will advise you just put in an application for FLRO but first what nationality is your child?

[chrissyevans17]

Thank you for the advice. It's definitely something Im considering. Do you happen to know, if I apply for FLR again, would that affect my EEA2 application process or anything? And also, I saw on another post on this site, someone had said Zambrano applications tend to take 8-12 months... I couldnt find this info anywhere else and BA wouldnt give me a time estimate at all, but do you know if that is accurate?

My daughter is British, born here. Shes nearly 5 now, in school, so Im pretty sure in the end something will work out as they cant expect her to just simply adjust in a foreign country, especially as wed be homeless the second we got off the plane there.

But yea, I do not feel I should be responsible for further legal fees because of their mistake. Ive also asked them several times to send me a copy of my file, which they have not as of yet. Think I'll need to go down and ask in person, because they legally have to give it to me apparently (my uncle in law has been in contact about it with his own solicitors), although its a 2 hour train journey, and even that is something I cant afford at the moment.

Now Im having an issue getting in touch with them as well! Tried ringing every branch yesterday, and all of their phones are shut off. They were taken over by another legal firm a couple of weeks ago (still same people there mostly though), and havent even sent me the new numbers!? Ive figured out the new email addresses, but of course they won't return a message either and, since the new firm is just starting up, I cant even find any contact info for them online. I wonder if they are still even located at the same places. Who knows. Completely unprofessional.

[OlaDPounds]

Thank you for the advice. It's definitely something Im considering. Do you happen to know, if I apply for FLR again, would that affect my EEA2 application process or anything? And also, I saw on another post on this site, someone had said Zambrano applications tend to take 8-12 months... I couldnt find this info anywhere else and BA wouldnt give me a time estimate at all, but do you know if that is accurate?

My daughter is British, born here. Shes nearly 5 now, in school, so Im pretty sure in the end something will work out as they cant expect her to just simply adjust in a foreign country, especially as wed be homeless the second we got off the plane there.

But yea, I do not feel I should be responsible for further legal fees because of their mistake. Ive also asked them several times to send me a copy of my file, which they have not as of yet. Think I'll need to go down and ask in person, because they legally have to give it to me apparently (my uncle in law has been in contact about it with his own solicitors), although its a 2 hour train journey, and even that is something I cant afford at the moment.

Now Im having an issue getting in touch with them as well! Tried ringing every branch yesterday, and all of their phones are shut off. They were taken over by another legal firm a couple of weeks ago (still same people there mostly though), and havent even sent me the new numbers!? Ive figured out the new email addresses, but of course they won't return a message either and, since the new firm is just starting up, I cant even find any contact info for them online. I wonder if they are still even located at the same places. Who knows. Completely unprofessional.

Putting in another application for FLR (O) won't affect your EEA2 application mind you if another firm have taken over the company then they might not be liable or take responsibility except if you are lucky. So you have to be prepared to do things yourself. It is not compulsory you put in your application through solicitors, read through cases on the forum and use that to file in your application yourself and save yourself some money.

[anj03]

Hi OLA POUNDS Today I call to HO about my reconsideration request but the oprator told me he have not any update about my request, u have any idea how long they take for this type of request and realy im to mutch worry bcoz till now I not received any letters from court as well means I send appeal form on 16th of dec 2013 and still I not hear any thing from both side if u have any advice plz help me bro.

[million111]

You can send a reconsideration and appeal. If you send both reconsideration and new application reconsideration will be ignored. Appeal takes time. You will be expecting letter from IAC about hearing date if oral or last date to submit your supporting documents if paper appeal after they withdrew the appeal fee from your account.

[Obie]

What new law is that. That view is wholly baseless. There is no policy or provision in the EEA regulation that prevents an appeal and reconsideration to be done at the same time. In the event of a successful recondideration,the appeal can be withdrawn and UKBA will save themselve appeal fee.

Issue of a document, will result in the appeal lapsing.

[OlaDPounds]

Hi OLA POUNDS Today I call to HO about my reconsideration request but the oprator told me he have not any update about my request, u have any idea how long they take for this type of request and realy im to mutch worry bcoz till now I not received any letters from court as well means I send appeal form on 16th of dec 2013 and still I not hear any thing from both side if u have any advice plz help me bro.

Hello Anj,

Firstly I will like to ask if you sent off your request by recorded delivery? Have you tracked your postage reference to see if they were delivered? And also I will advice you to ring the IAC tomorrow morning as well to see what's going on. As per the request time frame I must be honest I am not specific but such request shouldn't take long and we all know that the HO in this kind of situation just want to delay things and make life more difficult for applicants so you just have to keep faith, stay positive, be patience and be strong.

[appealalready]

you are better off representing yourself. many solicitors and barristers are overwhelmed.
the rules are changing soon, so you should apply for judicial review and/or an appeal as soon as possible against the home office. if you waste time with your solicitor, it may cost you dearly.
i appealed against the home office refusal to grant a residence card. i represented myself and won. i spoke with a barrister and he said about 75% of the home office refusals are usually overturned by the first tier tribunal. you can also ask for an urgent hearing, if necessary. the judge will award you costs of the appeal if you win.

[OlaDPounds]

you are better off representing yourself. many solicitors and barristers are overwhelmed.
the rules are changing soon, so you should apply for judicial review and/or an appeal as soon as possible against the home office. if you waste time with your solicitor, it may cost you dearly.
i appealed against the home office refusal to grant a residence card. i represented myself and won. i spoke with a barrister and he said about 75% of the home office refusals are usually overturned by the first tier tribunal. you can also ask for an urgent hearing, if necessary. the judge will award you costs of the appeal if you win.

Hi @appealalready,

Can you please identify who you are directing your advice to as we have few people who needs our advices?

Judicial review is not something that happens just over a night and also there are loads of delay to judicial reviews at the moment which you can read online so I don't think that is a quickest route to fight the HO lookng at the last few cases shared on the forum and also appeal cost can be awarded by the Judge in first tier tribunal without judicial review if the judge think you deserve the award fee and judicial review doesn't guarantee success nor judges just awarding cost in the name of judicial review.

[anj03]

HI OLA POUNDS and others members can any body give me the number for contact IAC please.

[OlaDPounds]

HI OLA POUNDS and others members can any body give me the number for contact IAC please.

0300 123 1711

[anj03]

Thanks for number OLA POUNDS but can u tell me please what the meaning for IAC please.

[OlaDPounds]

Thanks for number OLA POUNDS but can u tell me please what the meaning for IAC please.

You're welcome. It's immigration and asylum chamber

[anj03]

Thanks for reply OLA POUNDS today I call to IAC and they told me I receive letter today or tomorrow b,coz they send on 15th January 2014 and my appeal hearing is on 30th of july 2014 its realy long waiting for me but now im confuse what is my status till my hearing in court and can I apply again eea2 mean time bcoz now a days my partner working from last two months its good for me if I make new application while my case in court or I have to wait for decision can u please advice me bro.

[OlaDPounds]

Thanks for reply OLA POUNDS today I call to IAC and they told me I receive letter today or tomorrow b,coz they send on 15th January 2014 and my appeal hearing is on 30th of july 2014 its realy long waiting for me but now im confuse what is my status till my hearing in court and can I apply again eea2 mean time bcoz now a days my partner working from last two months its good for me if I make new application while my case in court or I have to wait for decision can u please advice me bro.

That's a long wait bro. Yes you can put in another application but yet as your case is in court you still have the right live legally in the country so don't panic. Put in another application with strong supporting documents as if anything needs to be explain to the HO please do write it in a cover letter.

[anj03]

Hi OLA POUNDS and others members can any body advice me regarding re consideration request,i make request on 16th of dec2013
and till today I not get any answer so I call to HO today and operator told me they receive on 19th of dec2013 and then after that request in re consideration self so pls any body can tell me where I have to contact or mail so they can give me answer fast or ii have to wait for that when they wakeup and when they want to see my request please give me some advice.

[OlaDPounds]

Hi OLA POUNDS and others members can any body advice me regarding re consideration request,i make request on 16th of dec2013
and till today I not get any answer so I call to HO today and operator told me they receive on 19th of dec2013 and then after that request in re consideration self so pls any body can tell me where I have to contact or mail so they can give me answer fast or ii have to wait for that when they wakeup and when they want to see my request please give me some advice.

Hi Anj I hope I understand the point that HO confirm they have received the request and if so you should have put that question straight to the operator that how long can that take or is there anyway you can contact the department in writing? If you are polite you can get information and advice from them. So I will suggest you call them tomorrow morning for enquiry regarding waiting time and seek for advice on how to contact the department concerned in writing either by post or email I am sure you will get something out of them. Cheers

[RanaJee]

Hi every body,
I have very good news. My appeal is allowed. This forum is really helpful. I have been reading this forum since october 2011.

my appeal was on 24 december 2013 and now is allowed.

My solicitor said to me that he needs to send this judgement to Home office to issue visa, and to send this decision it will cost me more .

is that true that we need to send appeal decision letter to Home Office.

please reply.

[OlaDPounds]

Hi every body,
I have very good news. My appeal is allowed. This forum is really helpful. I have been reading this forum since october 2011.

my appeal was on 24 december 2013 and now is allowed.

My solicitor said to me that he needs to send this judgement to Home office to issue visa, and to send this decision it will cost me more .

is that true that we need to send appeal decision letter to Home Office.

please reply.

Hi congratulations to you. I want to inform you that your solicitor is not faithful and honest with you. If you have a copy of the determination check below the first page and you will see where it states that a copy was served to the presenting unit of the HO so don't pay any money because the HO is already served with the determination and they have 5 days to appeal against the iAC judge decision.

[RanaJee]

Thanks mr. Olapounds,
you are such a nice man. I am very thankful to you. I was so stressed but now i am relaxed.

My appeal was allowed dated on 14 january 2014.... can you tell me "how long more can home office take to issue RC".


Thanks again

[OlaDPounds]

Thanks mr. Olapounds,
you are such a nice man. I am very thankful to you. I was so stressed but now i am relaxed.

My appeal was allowed dated on 14 january 2014.... can you tell me "how long more can home office take to issue RC".


Thanks again

You're welcome and that's why we are all here to assist one another. According to the the HO procedure they have 4 weeks to process the determination and another 4 weeks to process the RC but in some cases it takes longer and some was quicker. So fingers crossed you get it after 4 weeks.

[RanaJee]

Thanks mr. Olapounds,
you are such a nice man. I am very thankful to you. I was so stressed but now i am relaxed.

My appeal was allowed dated on 14 january 2014.... can you tell me "how long more can home office take to issue RC".


Thanks again

You're welcome and that's why we are all here to assist one another. According to the the HO procedure they have 4 weeks to process the determination and another 4 weeks to process the RC but in some cases it takes longer and some was quicker. So fingers crossed you get it after 4 weeks.

Thank you very much