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I agree that this is the correct, but do they care? I would also recommend to escalate the issue, via the MP under UK law or via SOLVIT under EU law.Directive/2004/38/EC wrote:Write them another letter and tell them they are legally required to give you a reply as soon as possible and in no cases later than 6 months from the application. Say that you want the Residence Card issued immediately, and that they are in breach of the law.
Why can you not go anywhere? Is there something special about your case that prevents you from travelling?mimiki wrote:The same thing happened to me. I applied for the eea2 5th of Nov, 2007. It is so annoying the whole procedures. I'm stuck in this country now, cannot go anywhere.
Because my visa expired in December 2007. Is it possible for me to travel without a valid visa?Directive/2004/38/EC wrote:Why can you not go anywhere? Is there something special about your case that prevents you from travelling?mimiki wrote:The same thing happened to me. I applied for the eea2 5th of Nov, 2007. It is so annoying the whole procedures. I'm stuck in this country now, cannot go anywhere.
I came here with visitor visa. My husband and I applied for the COA form and got married in November, 2007. And we applied for the residence card before my visitor visa expired in Dec. 2007. My nationality is Chinese. Will my application be refused on the ground that I didnt came here with a family permit. Thank you.Directive/2004/38/EC wrote:Your EEA family permit? Which nationality are you?
Solvit deals with application of EU law. In this case the UK should process the Residence Card application as soon as possible, and they have also exceeded the 6-month maximum for them to process the application.Ani wrote:I've just had a look at their website, will they take the case on as my fiance is Albanian? Or is it enough that I'm EEA national & it's an EEA application?
Do they still have to proceed the Residence card applications within 6 months even in cases when the non EU family member is actually an extended family member (unmarried partner, fiance etc) and not legally here?Directive/2004/38/EC wrote: Solvit deals with application of EU law. In this case the UK should process the Residence Card application as soon as possible.
Solvit can not force anyone to do anything. But they have back routes in and can point out when Eu law is not being well applied. They also have reporting lines into the EU.tasha75 wrote:Do they still have to proceed the Residence card applications within 6 months even in cases when the non EU family member is actually an extended family member (unmarried partner, fiance etc) and not legally here?
Also, it seems that in these circumstances (extended family member & not legally here) Solvit agrees that the person has no rights to a residence card and therefore, cannot make the BIA to issue a residence card.
http://www.immigrationboards.com/viewto ... 437#157437