EEA FP special processing

The request was partially successful.

Dear UK Border Agency,

BACKGROUND:

Directive 2004/38/EC Article 5 says that UKBA must grant non-EU family members “every facility”, and that the visas must be issued “as soon as possible and on the basis of an accelerated procedure.”

The Immigration (European Economic Area) Regulations 2006 transposes this to UK law but says only that the visa shall be issued “as soon as possible.”

The modernized instructions for EEA FP issuance (version 2.0) say that “applications for EEA family permits must be treated as a priority case”.

This is an FOI request:

(1) I would like to request existing documents that describe in what ways priority cases are handled differently

(2) I would also like documents (or information) about what other non-EEA applications are treated as priority cases or in which cases.

(3) I would like to request documents that describe the procedures or processes or guidelines UKBA has in place to ensure that EEA FPs are issued “as soon as possible”, “on the basis of an accelerated procedure” or “as a priority case”.

(4) I would like identifying information for each document relevant to (1) (2) or (3)

Should some part of any answer be legally excludable under the FOI act, e.g. the name of a real person, I would request that only the excludable portion be redacted and that the rest be provided as-is. For each section which is redacted, could you please indicate why it was excluded.

Yours faithfully,

Robert Simpson

Freedom Of Information Team ( IND ), UK Border Agency

Dear Robert Simpson

Re: EEA FP special processing (107077)

Thank you for your recent e mail concerning the above matter. We are currently dealing with your enquiry and will respond shortly.

Kind Regards

UKBA
FOI Team

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Gaffar Abdul, UK Border Agency

1 Attachment

Dear Mr Simpson,

 

Please find response to your freedom of information request made by email
on 22 February 2012.

 

Regards

 

Abdul Gaffar I Rules & Guidance | International Group | UK Border Agency I
Tel: 020 7035 1855 I Fax: 0870 336 9269

E-Mail: [1][email address]

Home Office, 2 Marsham Street, Seacole Building, London, SW1P 4DF

URL: [2]www.ukba.homeoffice.gov.uk and [3]www.ukvisas.gov.uk

 

 

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References

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1. mailto:[email address]
2. http://www.ukba.homeoffice.gov.uk/
3. http://www.ukvisas.gov.uk/

Dear Mr. Gaffar,

Thank you for the quick reply.

Though it is implicit in the questions, it may be helpful that I clarify that the scope of my FOI request is limited to visas issued outside of the UK. EEA-related Residence Cards (issued in the UK) are not in scope (though thank you for the link to Chapter 10 of the ECIS).

As such, question (2) remains unanswered: What other types of visa processing (other than EEA Family Permits) also attract priority processing?

Can you also confirm that there is nothing written inside UKBA other than "EUN2.3 How quickly do I need to issue an EEA family permit?" on the topic of the legal requirements mentioned in the original request? Email to the European Policy team for instance? Or memos that they have written?

At this stage, I would prefer to continue with my original request. I hope it can be completed to satisfaction without the need to request an internal review.

Yours sincerely,

Robert Simpson

Gaffar Abdul, UK Border Agency

Dear Mr. Simpson

I attached the link to Chapter 10 of the European Casework Instructions as this is the only document that I am aware of which provides instructions for priority EEA applications in response to question 1 in your original email.

Apologies for not responding to question 2 in my earlier response. No other visa category attracts priority processing however we do have differing timeframes in which to consider them i.e Visitor applications we aim to turnaround in 15 days and applications for settlement in 3 months.

I can also confirm that there is nothing "written inside UKBA other than EUN2.3.." All our guidance and instructions for staff is now in the public domain.

I hope this answers your query.

Regards

Abdul Gaffar I Rules & Guidance | International Group | UK Border Agency I Tel: 020 7035 1855 I Fax: 0870 336 9269
E-Mail: [email address]
Home Office, 2 Marsham Street, Seacole Building, London, SW1P 4DF
URL: www.ukba.homeoffice.gov.uk and www.ukvisas.gov.uk

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