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Well, there are several parts to this I guess. They could show reason like most other countries and process the applications over the counter. That would at least verify that you are in the UK.Docterror wrote:Also while they do warn about the possibilty of non-EEA nationals applying for the Residence Card while not being in the UK, they have absolutely no suggestion of how to detect such cases or how to solve it... just a "We must prevent this from happening" and that's all. Really don't know what to say!
Actually, it is implied in the Directive and can be seen by a look at Article 10. One of the requirements for issuing a Residence Card is a valid passport of the non-EEA national. Pls note that a certified copy of the passport will not do. Now how can a passport be in the UK while its holder be in another country? And as far as I can remember I think it is an criminal offence to pass a passport across international borders.thsths wrote:But I wonder whether they can refuse it anyway. I don't find any requirement in the EU directive that states you have to be in the country.
Could you pls point out the part of the Directive from which you concluded that only the intend to join is enough? Because as far as 2(c) of Article 10 is concerned a Residence Card has to issued only if, and I quote-Of course the EU principal has to be living in the UK, but for the family member the intend to join seems to be enough.
and not(c) the registration certificate or, in the absence of a registration system, any other proof of residence in the host Member State of the Union citizen whom they are accompanying or joining,
Well done, Docterror. We were planning an FOI on this, but you saved the day. Further down in the thread there's a link to the cache. ILPA recommends using the WayBack Machine, but any way that works is fine.Docterror wrote:A lot of information given here seems to be marked 'RESTRICTED' and 'not to disclosed outside the IND'. Save a copy while you can if anyone is interested before they change it.