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EEA2 RC Application timelimit in case of Appeal
Posted: Mon Jan 30, 2012 12:31 pm
by msPita
Hi all,
We applied for rc for my husband using eea2 form in july/11. His application was refused we appealed and won the appeal in oct. HO sought permission to appeal toUpper Trib and got the permission in Nov. Since then we have heard nothing from anyone. In jan 6 month time limit is reached. We spoke to EU advice center and were told that HO must issue RC within 6 month. Right can be withdrawn late due to subsequent outcome. Our lawyer agreed to EU advice center and has sent letter to UKBA EU department in Liverpool. Our lawyer was also saying that he would go for compensation on our behalf.
Can anyone please shed some light on this 6 months rule? Does it apply in our situation?
Thanks and best wishes
Re: EEA2 RC Application timelimit in case of Appeal
Posted: Mon Jan 30, 2012 3:07 pm
by msPita
Anyone plz
Posted: Mon Jan 30, 2012 3:18 pm
by Obie
Call the tribunal or ask solicitor to check progress of case.
Posted: Mon Jan 30, 2012 4:30 pm
by msPita
Obie wrote:Call the tribunal or ask solicitor to check progress of case.
hello Obie,
Thanks for ur reply. We are in constant contact with our solicitor. Was just wanted to find out about 6 months rule which we are told about from btoh EU advice center and solicitor. After reading few posts, i can say that there are far knowledgeable people inhabited by this forum.
Posted: Wed Feb 01, 2012 2:01 pm
by Obie
The directive provides that residence card is issued within 6 months of application.
It does not provide any sanction or penalty for failure to abide by this deadline.
You can take the matter to civil court and claim damages, as you will have strong basis of doing so, especially the fact you are still in a subsisting relationship.
The UKBA might want to argue on the point that your spouse application was refused and they have been given the right of appeal.
That they have completed their investigation, and found that no residence card should be issued. That is really not a strong grounds.
Yes. It is worth fighting if the right to work has been withdrawn from your husband. I wish you all the best.
Posted: Thu Feb 02, 2012 12:09 pm
by msPita
Obie wrote:The directive provides that residence card is issued within 6 months of application.
It does not provide any sanction or penalty for failure to abide by this deadline.
You can take the matter to civil court and claim damages, as you will have strong basis of doing so, especially the fact you are still in a subsisting relationship.
The UKBA might want to argue on the point that your spouse application was refused and they have been given the right of appeal.
That they have completed their investigation, and found that no residence card should be issued. That is really not a strong grounds.
Yes. It is worth fighting if the right to work has been withdrawn from your husband. I wish you all the best.
Thanks Obie,
Our solicitor has said almost the same thing that UKBA may say that they have decided our application in 6 months. However, apparently Article 10 of EU Directive2004/38 says that RC must be issued within the 6 months of submitting the application. We have brought solicitor's attention to this matter.