Is UKVI POlicy on COA for Residence Card Holders lawful

[Obie]

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.

[Teerak]

The truth is we seem to be at the mercy of the HO, as the are the jury judge and executioner, they disobey EU directives and regulation at will and there seem to be no penalty for that. Most of us seem to be bedevilled and most interested in tackling everyday challenges of life to Challenging the HO on their flagrant disobedience of EU laws.

[Annebee]

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.

Can I even ask please. Does the six months start counting from the date of COA or the date of application

[chriskv1]

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.

But isn't it the HO's claim that , 'An application does not become an application for consideration until biometrics are enrolled' . ?

They could argue with that, Can they not ?