I thought you might find this interesting
, I am really sorry if the formatting is not good as I had to copy paste from the pdf file received. Please note that this is the European Commission's comprehensive report on it's investigation into the UKBA's non-compliance in the issuance of RCs under EU law and active steps taken to tackle the matter.
I hope this helps
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- 1 -THE EUROPEAN COMMISSION'S REPORT
Subject: Petition 1442/2008, bearing 100 signatures, on negative impact generated by the length of the UK procedures concerning the granting of residence permits
1. Summary of petition 1442/2008
The petitioner complains about the duration of the UK procedures concerning the granting of residence permits for spouses of the European and EEA-citizens. According to the petitioner, she needed to wait eight months before obtaining the residence card. The petitioner notes the major inconveniences caused by this lengthy procedure as she could not search for a job or leave the UK as personal documents accompanying the application were held until the delivery of the residence card by the British authorities. The petitioner argues that British authorities are not complying with the relevant European legislation and asks the European parliament to investigate
this issue.
2. Admissibility
1442/2008 Declared admissible on 10 March 2009
3. Commission reply, for 1442/2008 received on 15 May 2009
‘Observations of the Commission Article 18 of the EC Treaty stipulates that every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and
conditions laid down in this Treaty and by the measures adopted to give it effect. The respective limitations and conditions are to be found in Directive 2004/38/EC the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
Under Article 8(2) of the Directive, the right of residence of EU citizens shall be evidenced by the issuing of a registration certificate, which should be issued immediately. Under Article 16(2) of the Directive, the right of permanent residence of EU citizens shall be evidenced by the issuing of a
document certifying permanent residence, which should be issued as soon as possible.
Under Article 10(1) of the Directive, the right of residence of family members of an EU citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called “Residence card of the family member of a Union citizenâ€
