Authorities, Not Immigrants, In Breach of UK Law

Immigration services firm 1st Contact is raising concerns over the legality of current practice by the UK Border Agency following numerous reports of lengthy waiting periods for family members of EEA nationals awaiting the outcomes of their applications to live and work in the UK.By law the agency is required to decide Residence Card applications within a period of six months.

In light of reports that authorities are taking up to fourteen months to decide applications, 1st Contact’s Visa Manager Stephen Atkinson says the UK Border Agency is in clear breach of its legal obligations.

Essentially, Community Law stipulates that the UK Border Agency must decide residence card applications within 6 months, or they are open to damages claims, he explained during a recent exclusive interview.

With a record of client cases of residence applications which have not been decided within the stipulated period, the UKBA is currently in breach of Community Law. It’s an issue Atkinson is taking up in conjunction with ILPA, urging his clients and long-suffering applicants to do the same.

The UK Border Agency says it is in their interest to hear complaints from applicants and has assured the public that complaints received will not affect the status of the individual’s application.

Applicants who have not received a response from the Border Authority within six months of submitting their documentation may lodge a complaint on their UKBA website.

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