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Rc Card Not Issued Within 6 Months - Compensation?


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#1 atenolol

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Posted 20 September 2012 - 03:17 PM

I just wanted to know if anyone here has taken action to ask for compensation if their RC was issued later than the 6 months limit. My hubby's and kids' RC 6 months deadline is this Sunday and so far nothing.



#2 Mutly

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Posted 20 September 2012 - 04:07 PM

I don't know of any experiences, but if you can prove a loss (for example income lost by being unable to prove the right to work, or unable to udnertake planned travel which would have been fine if the RC was issued within six months) then it's possible.

#3 atenolol

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Posted 27 September 2012 - 05:59 PM

Any legislation in EU laws that mentions the possibility of compensation claims if the 6 months limit is exceeded? I want quote this in my letter to NWCSU I have also contacted Sovit

#4 Mutly

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Posted 27 September 2012 - 06:19 PM

The EU directive doesn't mention compensation. The claim arises because the directive does provide an entitlement to the RC within six months, therefore any losses caused by the RC not being issued after the deadline relate to the entitlement not being met.

In the national Regulations, the provision is Regulation 17(1).

In the directive, the provision is Article 10(1).

#5 atenolol

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Posted 30 September 2012 - 10:26 AM

I will give it a shot. I contacted Solvit and they informed me that after having spoken the UKBA they promised that our application will be processed as a "priority". Idiots.... On the UKBA website under the policy and law section, in the chapter of issuing residence cards it does mention that cards need to be issued within 6 months and that failure to do so can result in compensation claims.
http://www.ukba.home...pdf?view=Binary

See 5.1.8
"5.1.8 Six-month rule
Community law requires us to decide applications for a Residence Card within 6 months
from the date of receipt of the application. Every effort should be made to do so,
particularly where an applicant draws our attention to an alleged breach of this
requirement. Failure to comply with this requirement could leave the Home Office open
to a claim for damages."

#6 Mutly

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Posted 30 September 2012 - 12:14 PM

Good luck! It should not take six months to issue a residence card in standard situations where the HO has all necessary documents. Some countries manage it much more quickly.

#7 joanna2012

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Posted 06 December 2012 - 07:52 PM

Hi Atenolol, did you get anywhere with this? Have you spoken with HO about a compensation?

#8 atenolol

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Posted 09 December 2012 - 01:36 AM

Joanna, i wrote them a long complaint but to date i have received no response. no acknowledgement even :thumbdown:




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