EEA2 residence card query

[Shane2008]

Hi all,

My girlfriend is French and I am Australian. We have been living together for 3.5 years (1 year in Australia & 2.5 years in UK). I was initially in the UK on a working holiday visa, we left the Uk for Australia a few months before it was due to expire in March 07. I applied for an EEA Family permit while we were in Australia at the start of the year. This was granted.

We arrived back in the UK in March 08 and promptly applied for the EEA2 residence card. Since being back we are both working (girlfriend is exercising her treaty rights). In August 08 we needed to travel, and asked for our passports back - they were sent out stating not to send them back in unless requested.

We have sent in a complaint, and have called numerous times, but have still not received a request for our passports or heard any news regarding the status. I assume that requesting our passports may have delayed the process, but it has nearly been 9 months.

I understand I am classed as an extended family member since we are not married, and on this basis would my application be approved?

Thanks a lot for any help you can offer

[thsths]

I understand I am classed as an extended family member since we are not married, and on this basis would my application be approved?

Yes, and the legal situation is a bit convoluted at best. EU law is not very specific, it just requires that each country "facilitates entry". The UK law is slightly more specific, but actually rather confusing and ambiguous.

You can apply for a residence card using the same form EEA2, but you do not automatically have right of residence or the right to work. It is not clear whether your application has to be decided within 6 months (although it seems likely, because otherwise there is no limit, and that is clearly unreasonable). Also the UKBA maintains that you do not have the right to work until your application is decided, and it is not clear whether you can continue to hold your previous status while the application is pending. I would assume so, but it is not actually written anywhere.

I would certainly send a complaint to the UKBA, and see what they are up to. They may apply the 6 months deadline to your application, but they are currently running late with all applications under European law.