6 months is nearly up for an EEA2 application

[juilanwood]

I currently have an EEA2 application underway which was received by the HO on the 1st December 2007.
We did our application with the assistance of a solicitor and provided certified copies of our passports so we could travel.
Currently the BIA website says they are still looking at applications received before October 2007.
There is nothing complicated in our application so I can't see why there would be such a wait.

At the end of May, 6 months would be up and by law they are required to decide within that time.

What recourse do I have to get them to hurry up?

[copper]

Hi,

I am waiting for my documents (residence card) more than seven months.So far,I wrote 2 complaints letter,I put my complaint to SOLVIT.Unfortunately,Nothing will work.I think Caseworker will decide whenever wants.

good luck

[thsths]

I am waiting for my documents (residence card) more than seven months.So far,I wrote 2 complaints letter,I put my complaint to SOLVIT.Unfortunately,Nothing will work.I think Caseworker will decide whenever wants.

It is very difficult to coerce the government to do anything. I guess the only thing that may work is to get a court order, but that would require urgency.

I think the better approach is to think about what you need the Residence Card for. If you need it to get a job (which I think is de facto correct), then you could sue the Home Office for damages in terms of lost income. Or if you want to travel, you have to book later, and the amount that it costs more should again qualify as damages. If you do travel before you get your Residence Card, and then have difficulties getting back in the country, you might even have a case that the European commission or your embassy is interested in.

So in short my recommendation is to boldly go forward, and to blame the Home Office for any issue that you encounter. This could be quite a feast for a lawyer, assuming you get the legal expenses covered.

In addition I would request all documents back. I do not think that the Home Office has a right to keep them for 6 months in the first place, but they certainly cannot keep them any longer. If you do not get them, report it to the police.


Tom