EEA family permit - please help

[margareta]

Hi All!

I am hoping for some advise from you guys... Here's a brief of my problem:

My husband is an Indian, me myself Polish. We are married for nearly 2 years now and live in the UK. My husband was granted in November 2008 a 5 year leave to remain in the UK as a family member of an EEA national. Unfortunately the visa got damaged and Home Office told us to make a fresh application... So we did, in December 2008. Since then we are awaiting the documents to arrive. We called Home Office last week and were told that the 'application is in a queue for consideration'. Even though it's been seven months already.

The problem is that my husband needs to travel back to India in August. We are aware of the option of withdrawing the passport in order to travel, but the Home Office said that he will need to apply in India for an entry visa to come back to the UK or it will be decided upon his arrival by the immigration officer at the airport.

How risky is that? Has anyone tried it?

[86ti]

The problem is that my husband needs to travel back to India in August. We are aware of the option of withdrawing the passport in order to travel, but the Home Office said that he will need to apply in India for an entry visa to come back to the UK or it will be decided upon his arrival by the immigration officer at the airport.

How risky is that? Has anyone tried it?

Has been discussed numerous times in this forum. Your husband's problem may be to get the FP in time. Without the entrance clearance he will most likely not even be allowed to board the plane. If he does make it to UK border control he must have proof of his status, i.e. marriage certificate, probably also evidence that you are exercising your treaty rights.

[margareta]

Thanks for your reply

I know it has been discussed on this forum before, nonetheless the problem was never that complicated as my husband was already granted a visa.

but as I see it it doesn't make much difference...

[86ti]

I know it has been discussed on this forum before, nonetheless the problem was never that complicated as my husband was already granted a visa.

By "visa" I suppose you actually mean the Residence Card. In what way is it damaged?

[margareta]

yes, that is what I meant.

It got damaged by accident when our friend's kid spilled something on it and then we tried to wipe it off and some things got blurry. The Home Office said that there is no 'damaged' option and new application is needed.

He needs to fly in August and I called an embassy in Chennai regarding waiting times for a FP, they said it may take more than 3 weeks. I still have a Visa Application Centre in Cochin to call tomorrow morning.

He cannot stay longer then 3 weeks. He will make an application for FP anyway once in India, but if it doesn't come on time he will need to travel back. So his residence card is still in his passport, plus he will have all the necessary documents with him.

It's been nearly eight months now that we are waiting. We were hoping that by August HO will send the passport back...

[86ti]

So the question will be what the airline will make of the damaged RC. I have absolutely no idea what requirements regarding integrity a passport/passport endorsement must fulfill to be still considered valid.

[margareta]

Thank you for taking interest and trying to help. I appreciate it.

I will contact Cochin to ask about the waiting times and also try to call HO again. I am considering contacting a local MP as well.

It's been 3 years since my husband went back home... It is really frustrating for us. Originally he waited 11 months for his Residence Card to arrive. It's too long, we can't wait that long anymore, it's too much to handle...