EEA with Non-EEA, residence aplication

[maurox]

Hello everybody

I'm new in the Forum and I want to post my case to read your comments.

I have Spanish citizenship and my wife Venezuelan. On April 2005 we left Venezuela to come here to live in the UK. My wife got an EEA Family permit without any problem in the British Embassy in Caracas (Venezuela).

On the 5th month here in the UK we both found job and started almost the same day. We were informed that the next step to my wife be living and working legally here was to apply for a residence. So we sent the application (I don’t remember exactly, I think was the EEA4), our passports, marriage certificate, employment and leasing contracts and others important documents to the Home Office.

Now it’s been almost 4 months and she hasn’t received the residence or any documents back (including our passports). She only received a letter from the HO which says the application can take maximum 6 months while she can stay her living and working legally. Last time she called they say, in a not very friendly way, is “under consideration”.

I would like to know any experience about this from anyone. Does it take the all 6 month to receive the documents? Can the residence be refused? What kind of residence is this?

Thank you very much for your replies.

[yankeegirl]

Hi Maurox,

First you might want to check and make sure you sent in the correct form. After receiving the family permit, I think the next form for her to have sent in would have been the EEA2. I'm not really sure about the timeframe, it seems to vary. They usually never give you any other info other than it is under consideration so that seems normal.

As long as you are exercising treaty rights in the UK (which you are by residing and working here) I can't see a reason for it to be refused. From what I have read, refusals are usually for marriages of convenience and potentially fraudulent information, etc.

Buena suerte!

[christoff]

We applied in May 2006 for EEA3/EEA4, still waiting HO answer. 7 months now!

[John]

Are you absolutely sure? EEA3 and EEA4? Because those are definitely the wrong forms to use. It should have been the EEA1 and EEA2! Please clarify.

If you did use the EEA3 and EEA4, well that might explain the delay, but unless then it should not take 7 months for IND to realise that the wrong forms have been used.

And do you want to correct some dates? EEA Family Permit granted when? April 2005? Or April 2006? When exactly were the EEA1/2/3/4 forms sent?

[maurox]

Thank you very much for your repplies.

The form that we sent was the EEA2.

I'm very sorry. We left on April 2006 (I think I haven't switch to this new year). So she (my wife) got the family permit from mid April 2006 for six months and we sent the application on mid September 2006.

Thanks again

[John]

Right, that is now more understandable.

Have a read of this IND webpage. Towards the bottom of that page you will see a small table and that includes the information that they are currently looking at Residence Card applications submitted in August 2006.

So as your wife's application was sent in September ... well don't think you are being singled out ..... they simply are that slow in processing these EEA applications. The cynical view is that because they cannot charge for them they fail to provide enough staff ... well just enough staff to ensure they comply with the 6 month limit enshrined in EU legislation.

[maurox]

Thanks John,

When you write at the end about the EU legislation, is that mean legally they cannot take more than six months ?

I think I've read here people have waited more than 6 months and [b]christoff[/b] here says he's been wainting 7 months for the EEA3.

Wath is it needed to do then ?

Another 2 questions:

Does this residence comes with an interview and once you get it can she travel overseas and come back (for job reasons) or is there a mimimal staying time in the UK?