Getting the "Big Boys" Involved

13-02-2013
Time to bring in Solvit and the Member of Parliment?

At this point, it was five days without a response from UKBA.  I therefore decided to “Flex some muscle” and involve Solvit and my MP.

Subject: Complaint as to UKBA Staff, EEA2 Application, COA, ETC.
From: My @ Email
To: [email protected]; [email protected]; [email protected]; [email protected];
Cc:
Bcc:
Date: Wednesday, 13 February 2013, 2:05
Mr [My Name]
[Postal Address]
Dear Sirs,
I am writing to you AGAIN in regards to the application of my wife: Mrs [Wife’s Name]
Royal Mail Package: Package (Delivered on 15th Jan 2013) HO Ref: x and Case ID: x
(In case you are going to request further reference numbers, the return barcodes of provided are: x and x)
This is not the first time I have contacted yourself in regards to this matter… Please see below for previous messages.
On 8 March 2011 the European Court of Justice (ECJ) ruled in the Zambrano case C 34/09 http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-34/09, that an EU member state may not refuse the non-EU parents of a dependent child who is a citizen of, and resident in, an EU member state the right to live and work in that member state. As you can see from the documentation provided for my wifes EEA2 application, she has two dependant British Citizen children.
I am therefore requesting that further to previous emails to yourself, and additional postal letters this situation be resolved.
My wifes Certificate of Application failed to confirm her right to work within the UK. This is not the case. As evidenced in the case above, my wife already has the right to work in the UK, and UKBA must confirm this right.
EU Legislation states that a Certificate of Application must be processed IMMEDIATELY. I am therefore expecting a fresh COA to be sent to my wife, MRS [MARRIED NAME] (Again, you have proof of her name – our marriage certificate). Your COA gave a couple of examples of when you cannot verify a persons right to work within the UK, however, none of the examples provided apply to my wife.
I note that as EU law states that my wife has a Derivative Right of Residence within the UK, she cannot therefore be deported from the UK. Failure to grant my wife permission to work effectively leaves our children in a state of destitution. We have limited funds to survive, by failing to verify my wifes right to work within the UK this situation is worsened, and could effectively mean our children are foced to leave the UK so as to be able to survive.
I have also sent this email to my local MP, and am hoping that something is done in relation to this. In addition to this, I will be filing a formal complaint with SOLVIT in relation to the manner in which her case is being handled.
In addition to this, I have previously requested the return of the passports included in the application…
Under EU Law, upon request, documents should be returned ASAP (and within your own guidelines within 20 working days). My passport is required for employment and identification purposes (however – I do not legally have to provide a reason as to my need for my passport to be returned!)
I also direct your attention to the message below, in relation to “Richard” at the UKBA reporting centre on Homer Road, Solihull. The attitude of this member of staff (in addition to that of “Reena” – I am unsure as to whether this is the correct spelling of her name).
This member of staff outright told my wife that she would not be permitted entry into Ireland (Republic of). He is not in a position as to 1) Give immigration advice, 2) Dictate as to Irish imigration proceedures.
In fact, I provide the attached emails from the Irish Embassy here in London – neither email even hints at the fact that my wife could be refused entry into Ireland – the reason being Directive 2004/38/EC does not allow for her refusal of entry bar: Article 22 – Public Policy, Public Security and Public Health (none of which apply).
Again, Perhaps it is wise for UKBA to read the actual legislation which it is required to follow as per EU LAW also covering the UK. Particularly Article 23.
Also, dating back previously to this: The United Nations Convention on the Rights of the Child, of 20 November 1989 – which particularly protects the links of a child to their family members.  (This case has the following children: Chloe x, and Charlie x).
Now, Please respond in relation to all of the points raised within this email. I note that neither myself nore my wife have recieved any response to our written communication to yourselves (letters delivered by Royal Mail).
Yours,
Mr W

(The letters between myself and the Irish Embassy are included in “Emails to the Irish Embassy”)
In the morning, after a nice “sleep” I checked my email (on my mobile – Very convenient I must say)

Subject: RE: Complaint as to UKBA Staff, EEA2 Application, COA, ETC.
From: Korcz Christine (ETID) ([email protected])
To: My Email
Cc:
Bcc:
Date: Wednesday, 13 February 2013, 8:36
Good morning Mr P
In order to take forward a complaint against the UK, I will need to identify which Member State you have previously resided and worked in. As SOLVIT is a network between Member States, it is for the SOLVIT Centre in the Member State where you have previously resided and worked that should pursue a complaint against the UK.
Regards
Christine Korcz
UK SOLVIT Centre
Direct line: 020 7215 2833

——
After a few emails back and forth, I was told that I would need to complain to the Finnish Solvit Team – As it was in Finland where I had previously excersised my right of free movement.
So I fired off the following message:

Subject: Fw: Complaint as to UKBA Staff, EEA2 Application, COA, ETC.
From: My @ Email
To: [email protected];
Cc:
Bcc:
Date: Wednesday, 13 February 2013, 13:11
Dear Sir/Madam,
I am writing to you today in reference to my Wifes EEA2 application lodged with UKBA. I am a UK British Citizen, who has excersised my right to work in Finland, in 2004. I worked at the Espoo Institute of Business during the summer of 2004. I am therefore for the purposes of Directive 2004/38/EC essentially to be treated as the national of an EEA member state (In this case Finland) for the purposes of my return to the UK.
Since return to the UK, I have been an Employed Worker – and “Excersised treaty rights” within the UK. I have made this position clear to UKBA.
My wife ([Married Name] – formerly [Maiden Name]) is a third country national (NON-EEA) from Indonesia. We have two British children together: Chloe X, born 11-09-09 and Charlie X born 21-7-12. Meliana is the Primary Carer for our children. The children being physically and emotionally dependant upon their mother.
As I outline in my post to the UKBA, my local MP and Solvit based in England, on 8 March 2011 the European Court of Justice (ECJ) ruled in the Zambrano case C 34/09 http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-34/09, that an EU member state may not refuse the non-EU parents of a dependent child who is a citizen of, and resident in, an EU member state the right to live and work in that member state. The ruling:
On those grounds, the Court (Grand Chamber) hereby rules:
Article 20 TFEU is to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.
By UKBA failing to to verify my wifes right to reside and work within the UK they are depriving my children the rights attached to the status of being EU citizens. I had a response from UK Solvit who informed me that my complaint needs to be raised via the Finnish Solvit department, and that they could not raise complaints against the UK themselves. I would therefore appriciate that you could deal with this matter on behalf of myself and my wife.
My wifes name is: Mrs [Married Name] (Maiden name, before marriage, Miss [Maiden Name])
My name is: Mr W
Our address is [Postal]
Thanks,
W
—– Forwarded Message —– From: My @ Email To:[email protected]” ; [email protected]; “[email protected]” ; “[email protected]Sent: Wednesday, 13 February 2013, 2:05 Subject: Complaint as to UKBA Staff, EEA2 Application, COA, ETC.

I found it rather reassuring when I received the following messages within minutes of each other:

Subject: VS: Complaint as to UKBA Staff, EEA2 Application, COA, ETC.
From: [email protected] ([email protected])
To: My @ Email
Cc:
Bcc:
Date: Wednesday, 13 February 2013, 13:44

Dear Mr P,

 

Thank you for contacting the Finnish SOLVIT centre. We will look at your case and come back to you on this.

 

Kind regards, Leila Vilhunen SOLVIT Finland Ministry of Employment and the Economy

——-
And then this one:
——- Subject: FW: Complaint as to UKBA Staff, EEA2 Application, COA, ETC. From: EREC ([email protected]) To: My @ Email; Date: Wednesday, 13 February 2013, 13:44
Dear Mr P,
Thank you for your email which has been passed to me for a response. I can advise that a full Certificate of Application confirming your wife’s right to take employment has now been issued and sent out from our offices.
Please accept my apologies for this administration oversight.
I have also sent your request below for the passports which were submitted in support of your wife’s application to be returned to you. The submitted documents should be returned to you in the near future.

Thank you for your patience in this matter

Kind Regards,
Paula Scott
Senior Caseworker

——-
This was therefore a little “Mini-Win” on this point…

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