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Alice H
Alice H, Solicitor Advocate
Category: Immigration Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have applied for a residence card as a non EEA family member

Customer Question

I have applied for a residence card as a non EEA family member of a EEA national and its been over a year now and no decision has been made regarding my application. In the first Letter from the Home office, It stated that a decision will be reached in 6 months but they have failed to do so. What should I do now
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Alice H replied 4 years ago.
My name is Alex Hughes and I am a Solicitor based in London

The Home Office gives 6-months for guidance purposes but unfortunately there are a few applications that can take longer. This is down to lack of resources and the huge number of applications being made in the UK. Your best option is to write to the Home Office (contact details on the letter your received) and ask them for an update.

Do this assist? Can I help any further?

Customer: replied 4 years ago.

I applied it at the same time with someone and that person has received a decision but not me. Also I had a year visit visa in it but since no decision has been made over a year now, my visa has expired in the home office. is this legally right that they have made my visit visa to expire.

Expert:  Alice H replied 4 years ago.
No, its unfair that you're having to wait this long. But there are many people in exactly the same position. Even though your visa has expired the Home Office will not take any action against you until your application has been processed.
Customer: replied 4 years ago.

If I get the visa at the end, can I immediately travel outside the country though I have not used my visa to work in the country. Can I return without any problems at the immigration centre at the airport.

Expert:  Alice H replied 4 years ago.
EU citizens and their family members have the right to freedom of movement. So if you are granted a visa this will entitle you to move freely within the European Union. Thiscomprises the rights to enter, reside and work - as an employee or self-employed - in any EU member state. Non-gainfully employed EU-citizens (e. g. students) and their family members may only live in the Germany if they and their family members are sufficiently covered by health insurance and have sufficient resources to support themselves and their family members.
Customer: replied 4 years ago.

what if I want to travel outside the EU countries, for example Ghana for some holidays. Is this possible.

Expert:  Alice H replied 4 years ago.
The residence permit is your permission to reside in the UK. When you leave the UK you may have to show the card and will also need to show it on your return - but there is no rule against travelling outside the UK.

As far as travel to countries outside the EU is concerned you will have to comply with their immigration rules - so Ghana, for example, you may have to apply for a visa to enter unless you are exempt.
Customer: replied 4 years ago.

So if I do not work with the visa, it will be difficult to travel and return.

Also if due to work, I do not live at the same address with my EEA partner, will it have any effect on the visa or future application like the indefinite. Thank you.

Expert:  Alice H replied 4 years ago.
Hi - I don't understand the last message you posted. Please clarify.