non-EU family member

[gugulak]

HI there

Could you please help me with my problem. Not sure what to do.

I am from the Czech Republic and I have been living here for six years (working since 2004 and studying since 2005 at uni).

My partner is from Iran and came in 2000 and applied for asylum seeker, but it failed. Than he made fresch application, which was send by his celicitor to home office two years ago, but no answer till now.

Meanwhile, we found out he can apply for residence card through EU law.

We have been living together for more that three years, which we are able to prove.As a result, we sent application EEA1 and EEA2 to the Home Office together in July 2007 after our marriage (Zoroastrian marriage, not the civil one).

We recieved letter telling us that we receive final answer by 27th January 2008. I got my papars back in November 07, however nothing (not even letter telling what is going on) came for my partner.

As a result, we called there and they told us that the application has been moved somewhere (didnt tell us where ) and they dont know when we get it back. We just have to wait.

I am just want to know what I can do, because I believe I have a right to have my partner here and I could gain his residence card this way if they were not able to deal with his matter for 8 years.

Futhermore, I know people, who were in the same situation and they got it.

Is there any help to get his residence card? Thanks

[thsths]

We have been living together for more that three years, which we are able to prove.As a result, we sent application EEA1 and EEA2 to the Home Office together in July 2007 after our marriage (Zoroastrian marriage, not the civil one).

We recieved letter telling us that we receive final answer by 27th January 2008. I got my papars back in November 07, however nothing (not even letter telling what is going on) came for my partner.

As a result, we called there and they told us that the application has been moved somewhere (didnt tell us where ) and they dont know when we get it back. We just have to wait.

Indeed, the law is on your side. It clearly states that the application has to be processed within 6 months. So you do not have to wait, you can reasonably demand the residence card now. However, being right and getting what is right are two different things.

There are a number of ways to escalate this. You can send a letter to the Home Office asking about the status of the application. You can also submit a format complaint to the Home Office. And finally you can complain to the European Commission, since they are ultimately responsible for the implementation of the European law. I think your case is clear enough to get their attention.

Obviously escalating step by step would take a long time, so you may want to do this in parallel. In that case, you have to mention to the commission that you also filed a complaint with the Home Office. The commission may decide to wait a reasonable amount of time for the response of the Home Office.

And apart from the official escalation you can also complain to the MP. The result very much depends on your MP, but he/she is probably in the best position to speed things up.

The European union also has an unofficial channel, the EU Solvit service. Like the MP, they do not have much formal power, but they certainly can enquire about the state of the application for you, and I assume that they will get a more meaningful response.

Tom

[gugulak]

Hi Tom

thank you very much for your advice. That is what I wanted do, but I just wanted to hear it from someone else if I am right.

Thanks so much
Helena