Violation of EU Free Movement Directive 2004/38 by UKBA

Elyott Hayes made this Freedom of Information request to Home Office

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Dear Home Office,

What happens if someone has been waiting more than six months for
UKBA's decision on EEA2 application? When phoned UKBA on
08450105200 and it was told that, "We AIM to deal with all
application within 6 months". However, UKBA website says, "We deal
with ALL applications within 6 months"

Ref.:- Processing Times, paragraph 2.

If I am interpreting it correctly, there is a huge difference
between aim to do something and dealing with it all within a
specified time limit. So my first concern is, why is a governmental
institution misleading people? Surely this cannot be lawful.

"Freedom to move and live in Europe" guide published by European
Commission states that, "The residence card is issued WITHIN 6
months from application and valid for 5 years from the date of
issue. It must be a self-standing document and not in form of a
sticker in a passport. A certificate of application should be
issued immediately." Ref:- Page 21, Deadlines and Validity.

Now, if an EEA2 application has been outstanding for more than 6
months so UKBA has violated EC regulation. What I can gather from
internet search, UKBA places a sticker on passport if the
application is granted. That is also against EC policy. My second
concern is, why is the UKBA violating EC regulations like this?

The other thing is, according to UK regulations, if a visa
application is made inside UK before the applicant's current visa
expires, the current visa shall be valid up until a decision has
been made on the visa application. I actually cannot remember where
I saw this or what is the legislation name/number/year.

If that is true, then why do some people not get given work permit
on their Certificate of Application? I know that only certain
family members get right to work even before the decision is made.

What about special circumstances? For instance, let's say someone
had Tier-4 General Student Visa before and applied for EEA2 before
the student visa expired based on unmarried partnership with an EEA
National. When s/he got the COA, it did not come with a work
permit. On this scenario, why is the work permit not given?

Yours faithfully,

Elyott Hayes

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