The Home Office is legally obliged to issue a EU residence card within six months of application. The Immigration (EEA) Regulations 2006 as amended state at paragraph 17(3):
On receipt of an application under paragraph (1) or (2) 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.
This reflects Article 10(1) of Directive 2004/38/EC. Interestingly there is no mention of this duty in the Home Office’s instructions to caseworkers, nor even in the policy on prioritising applications, opening up a potential for breach of these provisions by the Home Office.
If you would like to make an application for EU Residence card or for Registration certificate you can book an appointment with our UK Immigration experts at SmartMove2UK by calling +919819127002 or email us to book an appointment.
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