Immigrationboards.com

Hello

I'm struggling to find the legal requirement that HO approves or refuses an application within 6 months of them receiving the application. I am a single EEA applicant. No family members, nothing else.

Looking at the Immigration EEA Regulations 2006, article 18, paragraph 1, all it says is "as soon as possible":

18.—(1) The Secretary of State must issue an EEA national with a permanent right of residence
under regulation 15 with a document certifying permanent residence as soon as possible after an
application for such a document and proof that the EEA national has such a right is submitted to
the Secretary of State

Further down in paragraph 2 it says "no later than 6 months", however that is for non-EEA nationals.

(2) The Secretary of State must issue a person who is not an EEA national who has a permanent
right of residence under regulation 15 with a permanent residence card no later than six months
after the date on which an application for a permanent residence card and proof that the person has
such a right is submitted to the Secretary of State.

In general I was able to find clear information for non-EEA nationals or family members of EEA nationals, but not for single EEA nationals.

Basically I want as much evidence as possible that they may be breaching the laws if I don't receive an answer within 6 months of applying. I will start sending them letters and emails with the evidence to try to make sure they won't delay my application for many more months.

Go to the source. Check the Directive.

I always wondered about this too. Directive 2004/38 unfortunately isn't any clearer, also states 'as soon as possible' which is very vague and doesn't help us much in dealings with the HO.

noajthan wrote:Go to the source. Check the Directive.

Ref Articles 10(1) & 19
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

See also discussion of this vital question:
https://www.freemovement.org.uk/expedit ... plication/

Thanks, but it only clarifies the situation for non-EEA residence card applications.
If an EEA application for a DCPR takes longer, there would be no real legal ground to complain because 'as soon as possible' could technically mean any sort of time frame as long as they just say they were too busy.

noajthan wrote:

noajthan wrote:Go to the source. Check the Directive.

Ref Articles 10(1) & 19
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

See also discussion of this vital question:
https://www.freemovement.org.uk/expedit ... plication/

Thanks, noajthan. I had read those two pages, however, as LilyLalilu pointed out, they do not explicitly say that single EEA nationals must receive the decision within 6 months of applying. All they say is "as soon as possible", which is rather open ended.

salmintin wrote:Thanks, noajthan. I had read those two pages, however, as LilyLalilu pointed out, they do not explicitly say that single EEA nationals must receive the decision within 6 months of applying. All they say is "as soon as possible", which is rather open ended.

That's probably as good as it gets then, as that is the Directive.
Is there any reason to think DCPR should be issued within 6 months just as for a RC?

salmintin wrote:

noajthan wrote:

noajthan wrote:Go to the source. Check the Directive.

Ref Articles 10(1) & 19
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

See also discussion of this vital question:
https://www.freemovement.org.uk/expedit ... plication/

Thanks, noajthan. I had read those two pages, however, as LilyLalilu pointed out, they do not explicitly say that single EEA nationals must receive the decision within 6 months of applying. All they say is "as soon as possible", which is rather open ended.

The assumption here is that EEA nationals will get a response within 6 months. I wanted to verify if there is any legal basis to that. I wanted to prepare myself in the event I don't hear back from them in the next 5 weeks.