Non-EEA applying for EEA-FM using EU residence card

[arts99]

The non-EEA spouse has a 6 months visa issued which is expiring in the next month or so but is in possession of another EU country permanent residence card, the EEA national spouse has an EU passport and can apply and get his country ID card.

The couple is in UK but has to travel extensively due to work and therefore they can’t be without passports for such a long time, so the question is that can both of them send their original ID cards with the EEA FM application so that they can continue to travel when required on their passport while the application is processed? I know that EU national ID card will be accepted but not too sure about the non-EEA national submitting another EU country residence card issued on the basis of marriage to EU national.

I have read on various posts in this forum that it is taking many months to get the EEA FM application done; sometimes more than 6 months as UKBA seem to have stopped honouring EEA guidelines to ensure issuance of the relevant documents within 6 months. I also read that even requests for return of passports are not entertained at times.

Any relevant help, suggestion or sharing of experience will be highly appreciated and helpful.

Thank you

[noajthan]

The non-EEA spouse has a 6 months visa issued which is expiring in the next month or so but is in possession of another EU country permanent residence card, the EEA national spouse has an EU passport and can apply and get his country ID card.

The couple is in UK but has to travel extensively due to work and therefore they can’t be without passports for such a long time, so the question is that can both of them send their original ID cards with the EEA FM application so that they can continue to travel when required on their passport while the application is processed? I know that EU national ID card will be accepted but not too sure about the non-EEA national submitting another EU country residence card issued on the basis of marriage to EU national.

I have read on various posts in this forum that it is taking many months to get the EEA FM application done; sometimes more than 6 months as UKBA seem to have stopped honouring EEA guidelines to ensure issuance of the relevant documents within 6 months. I also read that even requests for return of passports are not entertained at times.

Any relevant help, suggestion or sharing of experience will be highly appreciated and helpful.

Thank you

A PRC is not an id card.

There is no UKBA anymore.

UKVI/HO is probably overwhelmed by panic-stricken Europeans and family members applying for EU documentation and so cannot cope regardless of what Directive SLA says.
Can you see UK govt assigning more resources at this stage in game when the momentum is to leave EU (?).

HO may or may not return passport depending on their internal criteria.
And may or may not return quickly.

If you have submitted passports before you may try invoking Barnett.
Otherwise it comes down to opportunity cost of travel versus PRC.

[arts99]

Thank you noajthan for responding to my post.

I have read the Barnett case; however invoking it may not help either because in it the judge agreed to the view that once the passport of the EEA national (sponsor) was seen as part of earlier application the secretary of state could not ask for seeing it again without a valid reason which was not provided in Barnett case.

In my query the question relates to not submitting passports of both individuals EEA national (sponsor) as well as the non-EEA national; as they both need to travel regularly due to work.

Is there anything else that could be done in the above situation please?

[noajthan]

Thank you noajthan for responding to my post.

...

Is there anything else that could be done in the above situation please?

Not that I know of - apart from taking gardening leave.

If you want the docs you need to submit the necessary evidence and meet requirements.
Then take your chance on requesting docs back.

Employer will have to accept any delay as part of the cost of employing you.