deltauk wrote:Just to give you a brief background since I submitted my application: I have applied for a Family Permit with my EU girlfriend (living with her for last 3 yrs and more)
One question: would you still consider to marry? I know this is a rather intimate question, but it can make a bit difference to your case. If you apply as an unmarried partner, there is some discretion in the handling of the application. Whereas once you are married, you have to be granted residence (unless there are truly exceptional circumstances such as a long prison sentence).
My application for eea2 family permit was submitted in FEB 2007. So far it’s been 13 months and I have not heard anything about my application.
As said before, the maximum time is 6 months. The Home Office should have responded by now, and I think you can chase the application. There is no guarantee that it will make a difference, but you are entitled to a decision.
I am in dilemma as to what to do, my solicitor has told me to sit tight and wait for the outcome, and perhaps he doesn’t understand the close net of my relation with my family.
In his opinion if i want to go back then I should actually withdraw my application and start the whole procedure from scratch i.e. get married in India and then apply for EC on the behalf of being a husband spouse. But because of the new HC321 law i will be banned for a year.
I think the advice is reasonable, but it is not all black and white. Leaving now would not cancel your application, but you may have trouble getting back into the country. Legally you are in the clear, but the law is broken on a regular basis. It can be difficult enough for people with a spotless history, so I would be very careful.
Getting married in India is a reasonably save option. It is possible that you have to appeal, because the UK has still not implemented recent case law from the ECJ concerning applications made outside the EU.
Luckily the ban is not in effect yet, and it should not apply to European law anyway. Although again, it is not quite clear whether the BIA intends to stick to the law or bend it.
All i am trying to do is get a reply from HO as this is been dragging on for more than year and not sure when will i get a reply.
Good luck. I never got a useful response out of them.
1) Either get married in UK (without COA but recognized by HOi.e. church of england)
2) Sit tight and send HO a letter mentioning my Dad’s condition and hope they will speed up the process
3) If I do go back to my home country and get married to my partner then how long will it take to return to UK?
I think 1) is no longer possible, because even the CoE checks your immigration status. I agree with your lawyer that 2) is probably the best option. 3) is more hassle, and there could be a delay, but in the end it should certainly work, too.
I have spent the last 96 hours trying to think how to resolve this situation. I would appreciate if someone can suggest any thing.
There is no easy answer. It depends on how aggressive you are about defending your rights. In theory you can go, but it may be a difficult and slow process to get back.
Tom
