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Hello all,

I know this is a repeated subject. I have combed the previous threads but haven't found the answers to a few questions my husband & I have.

I arrived in Northern Ireland in June 2013 on a family permit visa (my husband is exercising his treaty rights as an Irish citizen with a residence card). My visa expires 1st Nov 2013 so I applied for a residence card EEA2 in July and rec'd the Certificate of Application two weeks later but am still waiting for the card - I know it takes at least 6 months if granted.

I need to go back to the US for family reasons in November for a few weeks. We are confused as to the following and hope that we might get some clarity as to:

1. Would my Category of Application be the option "European National" or an "Extension of Stay" ?

2. The language on the "Declaration" section of the request form seems to imply that I am not allowed to request my documents back for travel outside the UK unless I have applied for British Nationality or as a European National and it seems to lead me back to my question above ?

3. My husband was told that if I request the documents back, it will cancel my application for a residence card.

Would someone kindly explain these to us ? Obviously we do not want any interruptions or cancellation of my application for the EEA2.

Again, I do apologize if this is a tired subject for the mediators or others. Time is getting close as it takes at least 20 days for the documents to be returned and we need to make travel plans if possible.

Thanking in advance for any assistance provided :)
 

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I think the situation is while EEA citizens have the right to request their documents back, non-EEA nationals' request is at the discretion of Home Office and they aren't obliged to honour it, esp if the application isn't to be withdrawn. This is one response someone got from UKBA recently.
So make a request and see what happens. If you hear nothing after a few weeks, ask again.
 
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