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 Post subject: EEA2 Application Forms. Time schedule for the HO?
PostPosted: Mon Mar 08, 2010 11:38 am 
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Joined: Fri Jun 06, 2008 12:32 am
Posts: 10
Dear Forum;

I am a non EU citizen residing in the UK. My Italian partner and I became Civil Partners on the 19 February 2010. We have an outstanding application for a European Residence Card, which goes back to May 2009. This application was originally based on my durable relationship, and now we are requesting the Home Office to change the basis for that of Civil Partners.

As far as we know, the Home Office should have dealt with our request within 6 months time from the date of the application. Needless to say, they have not even appointed a case officer to deal with this matter yet. Our lawyer has mentioned that they consequently are in breach of European Law/Directives. We are now considering taking further steps for this matter to be resolved asap. However, we would need to quote such Law/Directive. Could anyone please let us know if this is the case?

Best regards,

Zonzo


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 Post subject: Re: EEA2 Application Forms. Time schedule for the HO?
PostPosted: Tue Mar 09, 2010 7:26 pm 
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Joined: Thu Sep 07, 2006 9:08 pm
Posts: 3152
Location: Nuneaton
The Home Office has probably been sitting on it because you didn’t neatly fit into their definition of a “durable relationship” which is 2 years cohabitation. Your lawyer will know which EU regulation they are in breach of.

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 Post subject: Re: EEA2 Application Forms. Time schedule for the HO?
PostPosted: Wed Mar 10, 2010 12:44 pm 
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Joined: Fri Jun 06, 2008 12:32 am
Posts: 10
Thanks! I was wondering whether the fact that we are now Civil Partners counts for anything.

Can anybody please help with the EU regulation number?

Thanks
zonzo


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 Post subject: Re: EEA2 Application Forms. Time schedule for the HO?
PostPosted: Wed Mar 10, 2010 12:50 pm 
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Joined: Fri Jun 06, 2008 12:32 am
Posts: 10
I forgot to add, we have lived together for 2 years


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 Post subject: Re: EEA2 Application Forms. Time schedule for the HO?
PostPosted: Wed Mar 10, 2010 1:27 pm 
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Joined: Thu Sep 07, 2006 9:08 pm
Posts: 3152
Location: Nuneaton
Quote:
I was wondering whether the fact that we are now Civil Partners counts for anything.

Yes. It means you are definitely here legally and have the right to work. But it is the EEA residence permit that proves this to any employer which is why it is annoying that they take so long to process them.

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 Post subject: Re: EEA2 Application Forms. Time schedule for the HO?
PostPosted: Wed Mar 10, 2010 7:17 pm 
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Joined: Tue May 22, 2007 1:01 pm
Posts: 1536
Location: London
The Immigration (European Economic Area) Regulations 2006

Regulation 17

(1) The Secretary of State must issue a residence card to a person who is not an EEA
national and is the family member of a qualified person or of an EEA national with a permanent
right of residence under regulation 15 on application and production of—
(a) a valid passport; and
(b) proof that the applicant is such a family member.

...

(3). On receipt of an application under paragraph (1)... and the documents that are required
to accompany the application the Secretary of State shall immediately issue the applicant with a
certificate of application for the residence card and the residence card shall be issued no later than
six months
after the date on which the application and documents are received."

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Mark. London UK.
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Last edited by mym on Wed Mar 10, 2010 7:18 pm, edited 1 time in total.
added emphasis


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 Post subject: Re: EEA2 Application Forms. Time schedule for the HO?
PostPosted: Thu Mar 11, 2010 2:12 pm 
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Joined: Fri Jun 06, 2008 12:32 am
Posts: 10
Thank you Ian, Martyn and Mym for taking the time to answer my query.
Much appreciated.

z


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