EEA3 and 4 application - need passports back

[juso73]

Hello,
my husband (Brazilian) and I (German) applied for PR (via EEA3/4) in January this year. After 10 days all our documents etc were sent back to us requesting proof of my husband's existence in this country during the first month of the qualifying period We sent this and then received the CoA in February (saying that they received our application on 12 February 2010).

This week it will be 6 months that we applied and we were really hoping we would get our passports back very soon but after reading many posts here I am no longer sure.

I read that it is possible to ask for the passports back without prejudicating the application? Is this true and if so how would I go about this? Anyone done this successfully? Is there a law that says that it can't take longer than 6 months? if so where can I find it so that I can quote in letter to Homeoffice if need be.

Our daughter is now 6 months and my husband's family still haven't seen her...;-(

Thanks so much.

[86ti]

I read that it is possible to ask for the passports back without prejudicating the application? Is this true and if so how would I go about this? Anyone done this successfully? Is there a law that says that it can't take longer than 6 months? if so where can I find it so that I can quote in letter to Homeoffice if need be.

http://www.ukba.homeoffice.gov.uk/eucit ... n/#header3

http://www.opsi.gov.uk/si/si2006/20061003.htm#17

[juso73]

Oh, thanks so much, 86ti, for the quick response.

I assume the below paragraphs are the ones I would have to quote in our case (EEA3/4). I will email them immediately!!

Just one more general question: what exactly will we get at the end of this application (Permanent residence)? We thought it would be a stamp in our passports? But reading this I think it might be an actual paper card or other document? Will there be nothing stamped in passports then and that's why we can have them back? Thanks so much 86ti...

Issue of a document certifying permanent residence and a permanent residence card
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.

(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.

[86ti]

The EEA national will get a paper document with a sticker in it (not too sure about this but they certainly can't endorse the passort), the non-EEA will get a sticker in the passport. The UKBA will write to you to ask for the passport back.

[juso73]

Thanks sooo much, you made our day! Finally we will be able to go to Brazil!! Thanks!!

[juso73]

I have decided to complain before asking for passports back as worried this would delay process. Just two questions:

1) I read in another thread that someone quoted Article 10 of Directive 2004/58/EC but that seems to be something different than the link 86i sent me, or am I missing something here? Not very familiar with legal language... Just don't want to quote the wrong directive etc

2) Are people sending the complaint to the same address in Liverpool? UK Border Agency
European Applications EEA3/4
PO Box 306
Dept 45
Liverpool
L2 0QN
Or to other places? What is the North West unit some people are referring to? Thanks sooo much for al the help - great forum!

[86ti]

1) Article 10 refers here to Directive 2004/38/EC. You should be easily able to find a copy on the net.
2) complaints go to http://www.ukba.homeoffice.gov.uk/conta ... tem=154904

[juso73]

Thanks so much - you are a star!! I found the directive on the internet now and will send to NW unit - it's all a bit challenging with a baby at home who rarely sleeps...