EEA4 Processing Time Over 6 Months

The request was successful.

Dear UK Border Agency,

I have seen on this website your reply to another Freedom of Information Request (Your reference: FOI 24970) which shows that between 1st April and 30th September 2012,it took the UKBA more than 6 months to make a decision on 8% of the EEA4 Applications submitted - which amounts to a total of 440 people.

Bearing this information in mind, I request answers to the following questions:

1. How can decision times take longer than 6 months when on the section 'How to apply for residence documents as the non-EEA family member of an EEA national' of your website it is clearly stated that 'We deal with all applications within 6 months. Some applications will be resolved much sooner.'?

2. What are the specific reasons for processing times to be over 6 months?

3. If an application goes over 6 months, how long does it take for it to be processed and does it become a priority?

4. What legislation supports the UKBA's prerogative of preventing a person who has not committed a crime from coming and going for over 6 months? And would this not be considered a breach of Human Rights (as an example, if I withdrew my application to be able to travel as planned - 6 months after my application was submitted - I would have to apply for a visa to re-enter the UK, which takes up to 3 months and therefore is not a valid option).

I look forward to hearing from the UKBA.

Yours faithfully,

C Garcia

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk. If you have submitted
a general enquiry, a further message answering our most frequently asked
questions will be sent to you by our public enquiries department shortly.

Alternatively you can contact the UK Border Agency (UKBA) Immigration
Enquiry Bureau (IEB) on: Telephone: 0870 606 7766

Freedom of Information Act Policy Team
UK Border Agency

 

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

IND Public Enquiries,

Thank you for contacting the UK Border Agency.

You can no longer use this email address for general immigration
enquiries. 

However, if you have sent us information about an immigration offence, or
a complaint, we will forward it to the appropriate team.  You do not need
to send it again.

Please ensure to read the following information as you will not receive
another response.

Please visit our comprehensive website at
[1]http://www.ukba.homeoffice.gov.uk  for further information.

The information in this message contains links to the relevant parts of
our website, where more detailed information can be found.  If we have not
included information or a link to the website for the subject you are
enquiring about, please enter key words into the “search” facility on the
website.

If your enquiry is about one of the following, please re-send it to the
address shown:

British Citizenship and Nationality / Right of Abode:

[2][email address]

Bulgarian and Romanian Nationals:

There are two email addresses, depending on whether or not you have
already applied. Please choose the correct one. Do not email both
addresses.

For advice before you apply please email: 
[3][email address]

If you have already applied please email:  
[4][email address]

Points Based System Sponsorship  (Employers and Educational Establishments
with enquiries about Sponsorship, Tier 2, Tier 4 and Tier 5 of the Points
Based System): 

[5][email address]

IRIS Recognition:

[6][email address]

Apply Online Technical Enquiries - If you experience technical problems
when completing or submitting an online application, you can email the
apply online e-support team. The apply online e-support team do not
provide immigration advice, accept appointment bookings, or give
information about the progress of your application.

[7][email address]

Appeals – Court Awards

If you have paid a fee for your appeal and are successful the Tribunal
may make a fee award against the UK Border Agency up to the amount of the
application fee that you paid.  When the Tribunal decides to make a fee
award, payment will be made as soon as practicable.  As the new automatic
payment systems are brought online there may be some delay in processing
payments.  It is estimated that payments will be made within 90 days with
service times reducing thereafter.  If payment has not been received
within 90 days please e-mail using email address;
 [8][email address] quoting your Home Office
and Appeal reference numbers and the date the fee award was made in the
e-mail subject.

If you are outside the UK:  Please go to the information pages for your
country on the UK Border Agency website: 
[9]http://www.ukba.homeoffice.gov.uk/visas-...

If you are outside the UK and you wish to make an application for Entry
Clearance, please contact the British Diplomatic Post (the High
Commission, Embassy or Consulate) where you will be submitting your
application for information.

Contact details for British Diplomatic Posts can be found on the Foreign &
Commonwealth Office website at:

[10]http://www.fco.gov.uk/en/travel-and-livi...

Please note that we are unable to confirm the authenticity of offers of
employment or appointments.  If you wish to report a fraud offence you
should contact Action Fraud either by telephone on 0300 123 2040 (Monday
to Friday 8am to 8pm, Saturdays 9am to 4pm or Sundays 10am to 4pm) or
email at [11][email address].   Alternatively if you wish to complete
a fraud report you can do this online via the online reporting tool at
[12]https://reportfraud.actionfraud.org.uk/f....

Information about the following subjects is provided below.

  1.  Outstanding Applications / Return of Documents 

  2.  Change of Address / Change of Circumstances  

  3.  Biometric Residence Permits for Foreign Nationals

  4.  Points Based System – Tier 1, Tier 2, Tier 4, Tier 5 and Sponsorship

  5.  Students – Changes During Your Stay

  6.  Family of British and Settled Persons

  7.  UK Ancestry

  8.  Child born in the UK

  9.  Settlement - Knowledge of Language & Life in the UK

10 . Indefinite Leave to Enter 

11.  New Passport – Transfer of Conditions or No Time Limit

12.  Reporting an immigration offence  

 

1.  Outstanding Applications

 

For data protection reasons, we are unable to respond to enquiries about
individual cases by e-mail.  UK Border Agency will contact you if further
information is required to complete your application.  If you sent your
application by Recorded or Special Delivery, its receipt can be confirmed
on the Royal Mail website at:

[13]http://www.royalmail.com/portal/rm

If you make an application before your authorised stay ends, your existing
immigration status will continue until your application is decided, even
if the decision is not made until after the end of your permitted stay. 
If your existing visa or other permission to stay here allows you to work,
you can continue to do so until your case is decided. 

You do not need to contact us to check the progress of your application.

We will contact you as soon as a decision has been made or if we require
further information. Our staff cannot provide any information about your
application if you applied less than 6 months ago.

Return of Documents

 

If you require the urgent return of your documents, please see the UK
Border Agency website at:

[14]http://www.ind.homeoffice.gov.uk/aboutus...

If you request for your passport to be returned, delivery will take 20
working days from the date of your request.

Only the document holder can request their documents back unless it is a
withdrawal of an application which then has to be from the main applicant

Documents are normally returned within 20 working days but it is
recommended that you do not book travel until you have received your
documents.

However please note that return of the applicant's passport submitted in
support of a leave to remain application, for travel outside the UK, will
lead to the application being withdrawn. 

Please be advised that you will need to complete the online form with all
required information.

2.  Change of Address / Change of Circumstances

 

We are unable to deal with change of address/circumstances notifications
by e-mail. 

If you have made a Points Based System application, details of how to
inform us about your change of address or other change of circumstances
can be found on the UK Border Agency website at:

[15]http://www.ukba.homeoffice.gov.uk/siteco...

You can tell us about a change to your UK contact details or your legal
representative’s details using our online forms. Online updating is a
fast, simple and secure way of providing this important information.

Please see the following link for details on how to change your contact
details:

[16]http://www.ukba.homeoffice.gov.uk/aboutu...

3. Biometric Residence Permits for Foreign Nationals

As of 29 February 2012 Nationals of countries outside the European
Economic Area and Switzerland must apply for a biometric residence permit
(unless they already have one) if they are currently in the UK and they
want to:

extend their temporary permission to stay to a total of 6 months or
more;

apply for permission to settle in the UK (known as 'indefinite leave to
remain');

transfer their permission to stay from an old passport or similar
document using form TOC or NTL; or

apply for a Convention travel document (1951 refugee or 1954 stateless
person) or a certificate of travel.

You do not need to obtain a biometric residence permit if you are a
national of a country in the European Economic Area (including the UK) or
Switzerland.

Detailed information about the Biometric Residence Permits can be found on
the UK Border Agency website at:

[17]http://www.ukba.homeoffice.gov.uk/visas-...

If your BRP has been lost or stolen, or if you need a replacement BRP for
other reasons, you will need to submit an BRP(RC) application form.  The
application form and guidance notes are available on the UK Border Agency
website at: 

[18]http://www.ukba.homeoffice.gov.uk/visas-...

4. Points Based System – Tier 1, Tier 2, Tier 4, Tier 5 and Sponsorship

PBS Tier 1

Detailed information about Tier 1 can be found on the UK Border Agency
website at:

[19]http://www.ukba.homeoffice.gov.uk/visas-...

PBS Tier 2

Detailed information about Tier 2 can be found on the UK Border Agency
website at:

[20]http://www.ukba.homeoffice.gov.uk/visas-...

PBS Tier 4 (General) and Tier 4 (Child) Students

Detailed information about Tier 4 can be found on the UK Border Agency
website at:

[21]http://www.ukba.homeoffice.gov.uk/visas-...

PBS Tier 5

Detailed information about Tier 5 can be found on the UK Border Agency
website at:

[22]http://www.ukba.homeoffice.gov.uk/visas-...

Sponsorship

Under the Points Based System (PBS), migrants from outside the UK will
need to be sponsored by an employer or education provider on the UK
Border Agency’s Sponsors Register in order to obtain a visa. 

For further information regarding the Points Based System and Sponsorship,
please visit the UK Border Agency website at:

[23]http://www.ukba.homeoffice.gov.uk/busine...

5. Students – Changes During Your Stay

Detailed information explaining what you should do if changes to you or
your sponsor occur while you are in the UK as a student under Tier 4 of
the points-based system can be found on the UK Border Agency website at:

[24]http://www.ukba.homeoffice.gov.uk/visas-...

6. Family of British and Settled Persons

A number of changes to the Immigration Rules come into effect on 9 July
2012. These changes will affect non-European Economic Area (non-EEA)
nationals applying to enter or remain in the UK under the family migration
route.

These changes will define the basis on which a person can enter or remain
in the UK on the basis of their family or private life, unifying
consideration under the rules and Article 8 of the European Convention on
Human Rights.

If you already have leave to enter or remain in the UK, on the basis of
being the spouse or partner of a settled person, you will need to meet the
rules which were in force before 9 July 2012 if you apply for settlement.

The changes include:

·       introducing a new minimum income threshold of £18,600 for
sponsoring the settlement in the UK of a spouse or partner, or fiancé(e)
or proposed civil partner of non-European Economic Area (EEA) nationality,
with a higher threshold for any children also sponsored; £22,400 for one
child and an additional £2,400 for each further child;

·       extending the minimum probationary period for settlement for
non-EEA spouses and partners from two years to five years, to test the
genuineness of the relationship;

·       abolishing immediate settlement for the migrant spouses and
partner where a couple have been living together overseas for at least 4
years, and requiring them to complete a 5 year probationary period;

·       from October 2013, requiring all applicants for settlement to pass
the Life in the UK Test and present an English language speaking and
listening qualification at B1 level or above of the Common European
Framework of Reference for Languages unless they are exempt;

Detailed information about changes to the family migration rules that came
into effect on 9 July 2012 can be found on the UK Border Agency website
at:

[25]http://www.ukba.homeoffice.gov.uk/siteco...

Detailed information about how you can apply to  remain in the UK if you
are the partner, dependent child or adult dependent relative of a British
citizen, a person who is settled, has refugee leave or humanitarian
protection here can be found on the UK Border Agency website at:

[26]http://www.ukba.homeoffice.gov.uk/visas-...

You will be required to prove your English language ability, if you are
applying as the husband, wife or civil partner of a British citizen or
someone who is settled here.

This information is based on Part 8 of the Immigration Rules.

For details of the English language requirement, see the [27]English
language requirement page.

For further information, please visit the UK Border Agency website at:

[28]http://www.ukba.homeoffice.gov.uk/siteco...

7.  UK Ancestry

 

Detailed information about UK Ancestry can be found on the UK Border
Agency website at:

[29]http://www.ukba.homeoffice.gov.uk/visas-...

8. Child born in the UK

If your child was born in the UK and you currently have limited leave to
remain, you will need to obtain and complete one of the following
application forms, in order for them to be granted leave to remain as your
dependant.

PBS Dependant application form should be used if the person whom the child
is dependant on has been granted leave to remain under the Points Based
System.

FLR(O) application form should be used if the person whom the child is
dependant on has been granted leave to remain in any other category.

On form FLR(O) the child’s details should be entered in Section 1 -
Applicant's Details.  Your passport should also be enclosed with the
application.

If you will be leaving the UK and do not intend to return under the
conditions of your current leave to remain, you are not required to make
an application to the UK Border Agency for your baby.  They are deemed to
have leave to remain in the UK until you leave. 

If you will be making an application for further leave to remain or
indefinite leave to remain and do not intend to travel before you do so,
you can include the baby as your dependant at that time.  However please
note, if you travel outside the UK before your baby obtains leave to
remain, you will need to obtain Entry Clearance for the baby before you
return to the UK.

9.  Settlement - Knowledge of Language and Life in the UK

 

If you are applying for settlement in the United Kingdom you may be
required  to demonstrate Knowledge of Language and Life in the United
Kingdom, in addition to meeting the other requirements for
settlement.  For further information, please visit the UK Border Agency
website at:

[30]http://www.ukba.homeoffice.gov.uk/visas-...

The test will change on 25 March 2013, to ask questions based on
information in the new version of the handbook. To be ready to take the
test, you must read the correct version of the official handbook.

·       Tests taken before 25 March 2013 will be based on the handbook
'Life in the United Kingdom 2nd Edition: A Journey to Citizenship'.

·       Tests taken on or after 25 March 2013 will be based on the
handbook 'Life in the United Kingdom 3rd Edition: A Guide for New
Residents'. 

For detailed information about the Life In The UK test, please visit the
UK Border Agency website at;

[31]http://www.ukba.homeoffice.gov.uk/visas-...

10.  Indefinite Leave to Enter

 

In terms of your status in the UK, Indefinite Leave to Enter and
Indefinite Leave to Remain are exactly the same.  The Indefinite Leave to
Enter Entry Clearance means, in terms of your current immigration status
in the UK, that there is no time limit on your stay in the UK.  

The end date shown on an Indefinite Leave to Enter Entry Clearance (EC)
vignette is a guide to the holder for travel purposes only, or relates to
the validity dates of the passport/travel document in which the vignette
is endorsed.

The validity and activation of the Entry Clearance is determined by the
dates noted on the Entry Clearance vignette not by any ink stamp endorsed
in the passport or travel document by a UK Immigration Officer at the port
of entry. 

The Immigration Officer’s stamp merely indicates when the Entry Clearance
was used to enter the UK but the Entry Clearance is still valid without an
on-entry stamp. 

The Entry Clearance should be used to enter the UK within three months of
issue but can be used after this date at the discretion of the Immigration
Officer. 

Once the expiry date noted on your EC is passed it is not necessary for
the holder of Indefinite Leave to Enter status to apply within the UK for
Indefinite Leave to remain status as they are effectively the same thing
and your "No time limit "status remains extant. 

 

11.  New Passport - Transfer of Conditions or No Time Limit

 

Detailed information about transferring your visa or residence permit from
an old passport or travel document to a new one can be found on the UK
Border Agency website at:

[32]http://www.ukba.homeoffice.gov.uk/visas-...

12.  Reporting an immigration offence

 

We take public reports of crime seriously. If you suspect that someone is
working illegally, has no right to be in the UK or is involved in
smuggling, we want to hear from you.

You can report your suspicions in confidence using our [33]reporting
form.

Please complete as much of the form as you can. But do not worry if you
cannot answer all of the questions - and do not put yourself in danger by
trying to discover more information.

Any information that you provide will be handled in confidence. You can
give us your name and address if you wish, but you do not need to do so.

Other reporting methods

Alternatively, you can:

contact [34]Crimestoppers (online or by phone) anonymously

call the Customs Hotline about smuggling on 0800 595 000

contact the confidential anti-terrorist hotline on 0800 789 321 or
[35]online

dial 999 in an emergency

Detailed information how you can report suspected immigration crime (such
as illegal immigration or illegally employing foreign workers), smuggling
or terrorism can be found on the UK Border Agency website at:

[36]http://www.ukba.homeoffice.gov.uk/aboutu...

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Dear UK Border Agency,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'EEA4 Processing Time Over 6 Months'.

I received a reply from the UKBA which did not contain the information requested and it did not give a valid reason why it had not been provided. The reply sent by the UKBA directed me to the UKBA's website, which did not contain the information requested. In case the information is available elsewhere it would have been good practice for this to be pointed out and a link to be provided if possible. I have searched on line for the information requested and I have been unable to find it.

As my request did not concern my own personal information and it is not a general immigration enquiry I see no reason for the UKBA's refusal to disclose the information requested.

It worries me that not only is the UKBA failing to abide by the European Directive 2004/38/EC which states that 'Member States shall issue family members who are not nationals of a Member State entitled to
permanent residence with a permanent residence card within six months of the submission of the
application' but it is also refusing to provide information concerning this issue. As per the Information Commissioner's Office website 'Public authorities spend money collected from taxpayers, and make decisions that can significantly affect many people’s lives. Access to information helps the public make public authorities accountable for their actions' ('What is the Freedom of Information Act' section ).

I trust that the UKBA will show accountability by providing information on this issue - which affected over 440 people (or an average of over 70 people a month)between 1st April and 30th September 2012 according to UKBA's records - and that it will also rectify its failure to abide by the EU Directive as a matter of urgency.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/ee...

Yours faithfully,

C Garcia

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk. If you have submitted
a general enquiry, a further message answering our most frequently asked
questions will be sent to you by our public enquiries department shortly.

Alternatively you can contact the UK Border Agency (UKBA) Immigration
Enquiry Bureau (IEB) on: Telephone: 0870 606 7766

Freedom of Information Act Policy Team
UK Border Agency

 

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Requests, UK Border Agency

Dear C.Garcia,

 

Ref: 27419

 

Thank you for your email of 16/05/13 in which you ask for an internal
review of our response to your Freedom of Information request of 12/03/13.

 

We will aim to send a full response by 14/06/13 which is twenty working
days from the date when we received your Internal Review request.

 

The Internal Review will be carried out by M.Riddle. If you have any
questions then please do not hesitate to contact FOI Requests using the
above e-mail address.

 

Yours sincerely

 

FOI Requests

Home Office

2, Marsham Street

London

SW1P 4DF

 

 

 

 

 

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Communications via the GSi may be automatically logged, monitored and/or
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FOI Responses, UK Border Agency

1 Attachment

Dear C Garcia

Please find attached the departments response to your time complaint
internal review request of FOI case 27419

 

Yours Sincerely

 

M Riddle | Information Access Team
Information Management Service | Financial and Commercial Group
Ground Floor | Seacole Building | Home Office | 2 Marsham Street | London
SW1P 4DF
Switchboard Number: 0207 035 4848

 

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

NW Region FOI, UK Border Agency

1 Attachment

Please find attached a response to your enquiry made under the Freedom of
Information Act 2000.

 

Kind Regards

 

NW FOI Team

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.