EEA2 Residence Card Dilemma

[Shane2008]

I am Australian, my girlfriend/spouse of 3 years is French. We have been living together for 2.5 years.

We are currently in the UK, I am here on a EEA Family Permit that expires mid August 2008. I have applied for an EEA2 Residence card (not EEA1), which should have been received by the home office on the 31st of March.

I have now been invited to a wedding in Australia in early October that I need to go to. My girlfriend won't attend as she cannot get the time off work.

So should I:
a) Cross my fingers that the residence card will be granted by the end of September and allow me to fly to Australia.

b) Cancel the EEA2 Residence card application, fly back to Australia, and while there apply for an EEA family permit to come back to the UK.

Given my current family permit expires in mid August, I'm assuming that if I cancel my EEA2 application I will be here illegally - is that correct?

I plan to be in Australia for about 3 - 4 weeks. As my EEA family permit took about 10 days to process the 1st time in Australia, I feel this is ample time.

Any advice would be very much appreciated!!!

[thsths]

I have now been invited to a wedding in Australia in early October that I need to go to. My girlfriend won't attend as she cannot get the time off work.

I don't think you have to make a decision now, and sometimes great things happen. But it sounds like the Home Office is seriously behind with most kind of applications. EEA2 usually take just under 6 months, but it could easily be a bit longer.

Given my current family permit expires in mid August, I'm assuming that if I cancel my EEA2 application I will be here illegally - is that correct?

No, luckily you are still legal here. And you could also ask for your passport to be sent back without canceling the application (which I would highly recommend).

I plan to be in Australia for about 3 - 4 weeks. As my EEA family permit took about 10 days to process the 1st time in Australia, I feel this is ample time.

Yes, but the process is getting more complicated all the time. You could also just come without a visa, and get entry clearance as a visitor. This is technically not quite correct, but it usually works.

Tom

[Directive/2004/38/EC]

The Residence Card is just confirmation of the rights you already have (to stay here and to come and go). You are not required to have one.

As the previous respondent said, you can also ask for your passport back for travel without cancelling your application. Just send it back to them when you return to the UK.

[Shane2008]

Thanks for your replies.

I thought the Residence Card had to be either granted/declined within 6 months?

How long before I travel should I write a letter to the office asking for the passports back?

Thanks again for your advice

[Directive/2004/38/EC]

My point was that you will not be illegal once your EEA family permit expires. You will have every right to return to the UK, though it will all be easier once you have your Residence Card.

Yes, it usually takes about 6 months for a Residence Card. It legally should never take longer.

If you are going to need your passport, I would write and ask for it back now. I would ask them how they want you to return it to them for issue of the Residence Card. That gives them time to inspect it before sending it back, and for them to not react to your first couple of letters. And then you have it for travel this summer and in the fall.

[Shane2008]

Hi all,

Thanks a lot for the reply.

So coming back into the Uk with an expired EEA FP and no EEA2 Residence Card and without my girlfriend (EU sponsor) what type of questions will I get at immigration?

I'll have some evidence that I am coming back to England to live with my girlfriend ie. Rental agreement in both our names.

What else should I provide?

I know I have a right to be here, but without the EEA2 residence card or EEA FP I thought I wouldn't be alllowed in.

Thanks

[Shane2008]

We also received our acknowledgement letter which states that passports should only be asked for in emergencies

[Directive/2004/38/EC]

If you don't want your passports back, then don't bother asking for them.

[thsths]

We also received our acknowledgement letter which states that passports should only be asked for in emergencies

Yes, they want to discourage you from doing this, because it is extra work for them. Now you have to decide whether you want to travel or spare the admin staff some work

In the greater scheme of things, I think the process used by the Home Office is seriously broken. For some reason, this is not acknowledged, or if it is there is no will to fix it. The only thing we can do is try to "sabotage" the current process as much as possible, to create some pressure for fixing it. I know this sounds slightly subversive, but from an organisational point of view it is perfectly accurate and in fact the only option.

Anyway, if you run into problems (e.g. they consider you reasons insufficient to send the passport back), you should contact SOLVIT. They can give legal complaints and use unofficial channels to "make things happen".

Tom

[Shane2008]

We definetly do want the passports back.

I am more concerned about the drilling I'll get when coming back into the country with an expired EEA FP and no EEA2 Residence Card and without my girlfriend (EU sponsor).

Will I be let in?

[Directive/2004/38/EC]

We definetly do want the passports back.

I am more concerned about the drilling I'll get when coming back into the country with an expired EEA FP and no EEA2 Residence Card and without my girlfriend (EU sponsor).

Will I be let in?

Are you going to be carrying your confirmation letter from the home office with you?

Where will your girlfriend be when you come back to the UK?

[Shane2008]

Hi Directive,

I really appreciate your help. Yes I will have the acknowledgement letter with me, as well as rental agreement in both our names.

My girlfriend will be in the UK when I return to the UK. Is there a way I can prove this?

[thsths]

I am more concerned about the drilling I'll get when coming back into the country with an expired EEA FP and no EEA2 Residence Card and without my girlfriend (EU sponsor).

Yes, that is why I said the process is broken. But as a non-visa national you should not have any problems. Chance are that they just give you an entry stamp as if you got a tourist visa.

Tom

[Directive/2004/38/EC]

My girlfriend will be in the UK when I return to the UK. Is there a way I can prove this?

Have her carry a cellphone that day. If you really need her to come to the airport, you can just call her.

(1) You need to breath in and out.
(2) Repeat the previous point a second time
(3) Relax.
(4) You are here legally.
(5) You have had a EEA family permit already, which means that they have at least once checked to make sure you are the family member of an EEA citizen and they have a detailed record of it in their computer systems. They can check this if they have nothing better to do.
(6) You have applied for a Residence Card already and have an acknowledgement letter with reference details on the letter. They can check this if they are really bored.
(7) They can not refuse you entry if you are travelling with or joining your EU spouse.
(8) You are joining your EU spouse so they can not refuse you entry
(9) See point (3).
(10) If they do anything totally outrageous that day, you can sue them and get rich
(11) You are not required by law to have a Residence Card in the UK and it is not a requirement for you to enter the UK as a family member of an EU citizen

[Shane2008]

Thanks a lot,

I know my questions seem really quite basic and logical, but from what I hear from the home office, it is nothing close to logical.

Next question is - Is going back to Australia for a wedding enough for them to send our passports back?

We intend to write a letter asking for them back, is there some legislation that I can quote stating that I can get them back?

Its just that it states on the acknowledgement letter that they'll send them back only in an emergency.

I really appreciate your help

[thsths]

I know my questions seem really quite basic and logical, but from what I hear from the home office, it is nothing close to logical.

...

Its just that it states on the acknowledgement letter that they'll send them back only in an emergency.

Forget the letter. The Home Office writes what they think is convenient, although I am surprised how far they are bending the truth recently.

The fact is: you have the right to travel, and that means you have the right to get your passport back. So just demand it back - there is no explanation necessary! If you want to give one, say you have already booked the tickets. That should get them going. If not, sue them - the (legal) options are all yours. The sooner they realise how much pain this current process is for everybody the better.

Tom