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A new form? RC as a freestanding document

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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jumpingzombie
Member
Posts: 103
Joined: Sat Sep 26, 2009 7:22 am
Location: UK

A new form? RC as a freestanding document

Post by jumpingzombie » Sun Aug 22, 2010 12:34 pm

First of all, I would like to thank this forum as it's really wise and helpful.
And finally I received a resident card valid for 5 years 3days ago :D

But, my RC isn't sticked in my passport but it's on a paperised document, because the UKBA had never asked me to send my passport back to them after I requested my passport return.
As I read this forum, some applicants have requested their passport return for a travel purpose while their applications are on the process,then usually the UKBA contacts them to ask about their passports return to complete the visa process.

I've found another applicant has received a RC as a freestanding document same as me in this forum, then I really wonder if it's a rare case or a new form that the UKBA has recently started. Are there anyone who's got a RC as a separated freestanding document?

My visa history
Jan/2002 moving to the UK as a student
Jan/2003 succeed to exdend my visa as a student
Aug/2003 refused to extend my visa for a further study twice
Oct/2009 applied for an EEA FP
Nov/2009 received an EEA FP
Dec/2009 Joined to my husband in the UK
17 Feb/2010 Applied for my resident card and my husband's registration certificate as a joint application
1 Mar/2010 received COA
mid Mar/2010 requested my passport back for a travel purpose
late Mar/2010 received my passport from the UKBA
19 Aug/2010 received a resident card,as a freestanding document

I expected that possibly the UKBA would ask me to submit additional documents, as I'd read some cases in this forum, but they never asked me to send my passport back nor any additinal documents.

Furthermore, 2 letters were attached when I received a freestanding RC.
One is to state that my documents have been returned confirming my visa status, and so I have a right as a family member of an EEA national who is exercising the Treaty rights here.
Another is a letter starting as 'I am sorry for the very long delay in considering your application....', and it's written as 'As the passports submitted with the application have been returned I have arranged for the residence card to be issued in the form of a freestanding document'.

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Sun Aug 22, 2010 8:29 pm

you are actually very lucky to have your RC as a freestanding document!
Refer to http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF and particularly paragraph 2.2.2:
The format of the residence card is not fixed, so Member States are free to lay it down as they see fit. However, the residence card must be issued as a self-standing document and not in form of a sticker in a passport, as this could limit the validity of the card in violation of Article 11(1).

jumpingzombie
Member
Posts: 103
Joined: Sat Sep 26, 2009 7:22 am
Location: UK

Post by jumpingzombie » Mon Aug 23, 2010 12:36 pm

Quote:
The format of the residence card is not fixed, so Member States are free to lay it down as they see fit. However, the residence card must be issued as a self-standing document and not in form of a sticker in a passport, as this could limit the validity of the card in violation of Article 11(1).
I didn't know that the residence card issued as a self-standing document was supposed to be standard :roll:
So, does the UKBA issue the residence card as an incorrect form for most applicants??

As long as I've read this forum, I assume that most applicants have received their residence card in form of a sticker in their passports.
My friend who's got a residence card via the UK route(fiance visa-->married in the UK-->RC by FLR(M)) said she'd got a self-standing one,though.

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Mon Aug 23, 2010 8:26 pm

The link I sent in my previous post is a document outlining the view and advice from the European Commission how member states should implement Directive 2004/38. According to the letter of the law I think the sticker in passport is admissible.
Much more serious is that UKBA systematically breaks both European and UK law by violating the six-month rule on a majority of applications (EEA2 and EEA4).

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