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No decision within 6 months/ Can the applicant travel?

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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garrya
Newly Registered
Posts: 1
Joined: Mon Oct 17, 2016 8:40 pm

No decision within 6 months/ Can the applicant travel?

Post by garrya » Mon Oct 17, 2016 8:53 pm

Hi all

My wife applied for the Residency Certificate 5 and a half months ago. As at the time of the application 6 months was given as time frame within Home Office makes the decision, we used this as a credible information. We made travel plans which are due a few weeks after the deadline passes.
Now what if there is no decision made? We had travel plans and we actually booked flights and hotels. We gave it almost another month just in case. Home Office says the person should not travel or if it is necessary the person should obtain an EEA Family permit to be able to get back.
We have requested the passport back, and we got it. However, technically, the COA will have expired by the time of the travel.
Is there any way to get around this apart from trying to obtain another EEA Family Permit which is impossible due to originals sent to Home Office? I believe this is neither legal nor fair that the person is locked in the country or leaves but gets stuck outside.
Does anybody have any experience like this?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: No decision within 6 months/ Can the applicant travel?

Post by vinny » Tue Oct 18, 2016 2:26 am

Entry via 11(4) is possible, if you don't have a problem getting to a UK port.

See also Expediting an EU residence document application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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