It has come to my attention that the UKVI is not issuing COA to Residence Card applicant until they have enrol their biometrics.
But this seems wrong, does it not?
The right to a COA under Article 10 of Directive 2004/38EC and Regulation 17(3) of the EEA Regulation 2006 does not appear to be dependent on the fulfillment of an administrative criteria like enrolling biometric.
The obligation to issue a COA , arises immediately on receipt of an application, and not following the accomplishment of an administrative requirement that is not founded on EU law.
I understand that this policy has changed, but it is one that I don't should have been adopted in the first place like many other.
Has anyone experienced this problem lately.
I will strongly advise that anyone who experience difficulty at work or face a sack as a result of this policy, should seriously consider a claim for damages for breach of EU law.
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