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First of all: your right of residence does not depend on the EEA2 application, it is automatically granted as soon as you meet the requirements. So you can ask to have your passport sent back and go on your business trip. Sometimes it can be a bit difficult to get back into the UK, but since you are from a non-visa country, that should not be a problem either.spencerand wrote:I am currently living here on a 6 month EEA family permit and am expecting a decision soon on my EEA2 5-year residence card application (I applied in July). My question is, how often do they reject people for the 5 year permit? I mean, if you have already been granted the 6-month visa, isn't the residence card just an extension of it? Shouldn't it be fairly automatic? If it were refused I would be crushed! This has taken so long and I need to travel for work, but obviously can't.
spencerand wrote:I have my passport and did leave the country during the application and was very nearly not let into the country. I know I technically have the right to come back in, but I just don't want to take the chance. They were such assholes at the border and have gotten worse every single time.
I have sent the HO a letter explaining the situation and asked for a letter that would allow me to travel, but have received no response.
I have noticed however, on the HO website it says they are currently working on residence card applications that were submitted in July, so maybe there is hope!
I hope thats correctDirective/2004/38/EC wrote:Most Residence Card applications are approved. In fact there are only a few grounds for rejecting it (such as a fraudulent relationship to the EU citizen).
I think they violate the spirit of the law, but not the letter. So yes, it is unfair, but not necessarily illegal. Now if they refuse you to enter the UK because of it, that would be illegal.katya wrote:Following up on this, I wonder if the UK not granting an extended temporary visa (i.e., EEA family permit) during the residence card application procedure isn't actually illegal or at least unfair.
We applied in Holland under the previous legislation (in 2005), and we did get a temporary visa while the application was processed. Maybe it depends on the local case worker? Or things have changed for the worse.Now Holland does not issue a visa until I receive a residence card. I phoned again, and IND simply denied having given such info as above, and said it's clearly stated that non-EEA family members should not make any urgent travel plans until the application for the residence card has been decided.