EEA 5 Year Residence Card Application

[PAVA10]

My Peruvian wife applied for her UK residence card using the EEA2 form early in December 2007. Whilst she has received a letter informing her that the application has been received, 4 1/2 months later we still have no news as to WHEN the application will be processed.

This is of concern as the UK Home Office are holding both our passports whilst the application is being considered. We cannot travel outside of the UK until this has been processed.

What is the European stance on this type of application? I thought I had heard somewhere that member states need to process this type of application within 6 months. Is this correct? If it is I will be contacting my Euro Member of Parliament by the end of May to ask for an explanation as to why this has taken so long...

[John]

I confirm that under EU regulations the UK Government has 6 months to respond to the application.

Did the letter sent in acknowledgment confirm that your wife has the ability to work?

[thsths]

This is of concern as the UK Home Office are holding both our passports whilst the application is being considered. We cannot travel outside of the UK until this has been processed.

What is the European stance on this type of application?

The legal situation is quite clear: they have to process the application within 6 months. And the Home Office actually tries to stick to this, so most applications are indeed processed after about 5 1/2 months.

On the other hand you have the right to travel, so they are not allowed to hold your passports. There is a phone number on the web site (and I think on the letter you got) where you can ask for the passport to be sent back.

If it is I will be contacting my Euro Member of Parliament by the end of May to ask for an explanation as to why this has taken so long...

The simple answer is: because the law says it can. And even if they take longer, there is very little you can do about it, unless you are prepared to go to court.

If you feel unfairly treated, you should however contact SOLVIT. They may forward your complaint to the European Commission, which is highly skeptical of the way things work in the UK already.

Tom

[PAVA10]

Thanks for the responses.

The letter we received did confirm that my wife can work and she is now indeed in full time employment.

Regarding the return of passports - normal logic would suggest the passports are looked at (or at least handled) by the Home Office in order for them to be returned. I presume once returned that is it? They do not have to be sent back again.

Another issue I have is that I start a new job on Monday (which is different to the job my wife declared I was doing when submitting her application). Do I need to tell them that I have changed?

Thanks once again

[Directive/2004/38/EC]

It does not matter what job you or your wife are doing. Your obligations (for both of you!) are just the same as a British citizen - to pay taxes. No need to report job changes.

If you need your passports back, you can write them a letter and get them back. They definitely do not need the EU citizens passport for the whole time - I think they just want to save on postage by sending them back together.

6 months is the limit! Must be done before that.

So just to repeat the rule of thumb - if a British citizen has to do it, then so do you. If they don't, then you don't have to do it.

[thsths]

Regarding the return of passports - normal logic would suggest the passports are looked at (or at least handled) by the Home Office in order for them to be returned. I presume once returned that is it? They do not have to be sent back again.

There is no logic involved in the process, I am afraid . The Residence Card is placed as a sticker into the passport, so yes, the passport will probably have to be sent in again if you request it back in between.

Another issue I have is that I start a new job on Monday (which is different to the job my wife declared I was doing when submitting her application). Do I need to tell them that I have changed?

I do not think you are required to, but it would do it anyway. They usually check with your employer that you are actually working there, and if you do not, they may refuse the application.

Tom

[Directive/2004/38/EC]

They usually check with your employer that you are actually working there, and if you do not, they may refuse the application.

You have heard of examples of this being done for family of EU citizens?