Very nervous re EEA2 application

[spencerand]

Hello,

I am currently living here on a 6 month EEA family permit and am expecting a decision soon on my EEA2 5-year residence card application (I applied in July). My question is, how often do they reject people for the 5 year permit? I mean, if you have already been granted the 6-month visa, isn't the residence card just an extension of it? Shouldn't it be fairly automatic? If it were refused I would be crushed! This has taken so long and I need to travel for work, but obviously can't.

[thsths]

I am currently living here on a 6 month EEA family permit and am expecting a decision soon on my EEA2 5-year residence card application (I applied in July). My question is, how often do they reject people for the 5 year permit? I mean, if you have already been granted the 6-month visa, isn't the residence card just an extension of it? Shouldn't it be fairly automatic? If it were refused I would be crushed! This has taken so long and I need to travel for work, but obviously can't.

First of all: your right of residence does not depend on the EEA2 application, it is automatically granted as soon as you meet the requirements. So you can ask to have your passport sent back and go on your business trip. Sometimes it can be a bit difficult to get back into the UK, but since you are from a non-visa country, that should not be a problem either.

And as to your application: it is perfectly normal that it takes up to and even a bit longer than 6 months. The application is just sitting there in pile, because the Home Office does not have enough staff for the European case work. So there is no reason to worry. If you want them to hurry, send a letter. This may speed things up a bit, especially if you are getting close to the 6 months.

[spencerand]

I have my passport and did leave the country during the application and was very nearly not let into the country. I know I technically have the right to come back in, but I just don't want to take the chance. They were such assholes at the border and have gotten worse every single time.

I have sent the HO a letter explaining the situation and asked for a letter that would allow me to travel, but have received no response.

I have noticed however, on the HO website it says they are currently working on residence card applications that were submitted in July, so maybe there is hope!

[katya]

Following up on this, I wonder if the UK not granting an extended temporary visa (i.e., EEA family permit) during the residence card application procedure isn't actually illegal or at least unfair.

I phoned to check before applying for residence card and actually they at that time informed they would issue an extended EEA familiy permit. This seemed logical, as I thought family members of EEA member states had freedom of movement within the EEA.

However, we have not yet received a residence card, and the Russian passport was returned without an extension (original 6 month EEA family permit has expired).

Now Holland does not issue a visa until I receive a residence card. I phoned again, and IND simply denied having given such info as above, and said it's clearly stated that non-EEA family members should not make any urgent travel plans until the application for the residence card has been decided.

Has anyone got any comments on this? Thanks in advance.

[runie80]

I have my passport and did leave the country during the application and was very nearly not let into the country. I know I technically have the right to come back in, but I just don't want to take the chance. They were such assholes at the border and have gotten worse every single time.

I have sent the HO a letter explaining the situation and asked for a letter that would allow me to travel, but have received no response.

I have noticed however, on the HO website it says they are currently working on residence card applications that were submitted in July, so maybe there is hope!

You should have an answer by now as their website says the following

Type of application We are currently processing application received in
Registration certificate applications November 2007
Registration card September 2007
Permanent residence (EEA nationals) November 2007
Permanent residence (non-EEA nationals) September 2007
Family member residence stamp November 2007

[Directive/2004/38/EC]

Most Residence Card applications are approved. In fact there are only a few grounds for rejecting it (such as a fraudulent relationship to the EU citizen).

[runie80]

Most Residence Card applications are approved. In fact there are only a few grounds for rejecting it (such as a fraudulent relationship to the EU citizen).

I hope thats correct

We applied and are waiting for the decision

[thsths]

Following up on this, I wonder if the UK not granting an extended temporary visa (i.e., EEA family permit) during the residence card application procedure isn't actually illegal or at least unfair.

I think they violate the spirit of the law, but not the letter. So yes, it is unfair, but not necessarily illegal. Now if they refuse you to enter the UK because of it, that would be illegal.

Now Holland does not issue a visa until I receive a residence card. I phoned again, and IND simply denied having given such info as above, and said it's clearly stated that non-EEA family members should not make any urgent travel plans until the application for the residence card has been decided.

We applied in Holland under the previous legislation (in 2005), and we did get a temporary visa while the application was processed. Maybe it depends on the local case worker? Or things have changed for the worse.