Waiting for EEA2

Hello,

I sent an application for EEA2 residence card end of August 2006, and still haven't received anything back.
My partner is French, been leaving and working in the UK for 2 years now, but he didn't apply for EEA1.

Did he have to apply for EEA1 together with me? Or is it OK for me only to apply?

I tried to call the Home Office to see why it was taking so long, but the only reply is they haven't processed it yet, and can't tell me when I will have an answer...
Is there anything I could do to hurry the process?

And on their website, they say they're prcessing applications sent in December, but mine was sent in August!

Thanks

Write HO a letter with your queries.

inthewait, under EU law there is a 6-month time limit on EU Governments dealing with applications such as on form EEA2. Accordingly, given that it is already about 9.5 months I think you are totally justified in applying pressure to ensure that your application is decided rapidly.

In answer to your query about partner, no it is no longer compulsory for an EU/EEA citizen to submit an application on form EEA1.

But your use of the word "partner" leads me to think the two of you are not married? Correct? Or is it the case that the two of you are Civil Partners?

If not married, and not Civil Partners, how long had the two of you been living together when you submitted your application on form EEA2?

Do you have a written confirmation from them last August/Sept that they received the application? Have you had to submit any followup material after that?

You should write them a letter. Write that they are required to process the application within 6 months and that you have not heard back from them in this period. Tell them you expect a conclusion within 10 working days and a written explaination of why they have not processed the application within the required 6 months. Send your letter to them by special delivery so you have proof of delivery.

Directive/2004/38/EC wrote:You should write them a letter. Write that they are required to process the application within 6 months and that you have not heard back from them in this period. Tell them you expect a conclusion within 10 working days and a written explaination of why they have not processed the application within the required 6 months. Send your letter to them by special delivery so you have proof of delivery.

This may sound as if the application process can take longer than 6 months if there is an explanation. This is not the case, 6 months is the absolute maximum after which the application has to be decided. So even if the Home Office gives you a reason, you do not have to accept that.

So yes, write them a letter as soon as possible demanding a decision. And you can also launch a complaint with your MP or with the European Commission, if you feel like it. This can certainly speed things up, if you reach the right person.

thsths wrote:

Directive/2004/38/EC wrote:You should write them a letter. Write that they are required to process the application within 6 months and that you have not heard back from them in this period. Tell them you expect a conclusion within 10 working days and a written explaination of why they have not processed the application within the required 6 months. Send your letter to them by special delivery so you have proof of delivery.

This may sound as if the application process can take longer than 6 months if there is an explanation. This is not the case, 6 months is the absolute maximum after which the application has to be decided. So even if the Home Office gives you a reason, you do not have to accept that.

This is a couple that is apparently covered by the "beneficiaries" clause of the Directive. Member states are given some discretion to ask for and investigate information which will demonstrate that such a relationship is real and substantial.

You can definitely imagine a situation where such information was requested, the response from the applicant was delayed, and so the decision was not (or could not be) made within 6 months.

But 9 months does seem pretty extreme.

Directive/2004/38/EC wrote:You can definitely imagine a situation where such information was requested, the response from the applicant was delayed, and so the decision was not (or could not be) made within 6 months.

But 9 months does seem pretty extreme.

I still think that the directive specifies 6 months as the absolute maximum. Of course it was more obvious in the previous version (Directive 64/221/EEC), which said "as soon as possible, but no longer than 6 months later". It is a shame that the current version is so much relaxed.

I can't imagine many cases where you could not determine the status within 6 months, if you actually tried. But of course the Home Office puts the applications on the shelf for 5 months, and then tries to process them within 2 weeks. This is bound to fail, and I think they are overdue for some "corrective action".