Chapter 5 - Residence Card Applications - UK Border Agency ...

national). If this evidence is not provided with the submitted Residence Card application
we should write to the applicant requesting conclusive evidence as to their identity (i.e.
a passport, or Home Office ID) or another form of conclusive evidence (e.g. a wedding
video). If they fail to produce further evidence, then we would refuse the application.
The applicant would have no right of appeal if they had produced no evidence as to
their identity or would have a right of appeal under Regulation 26 (3) (b) if they had
produced some evidence but we were not satisfied as to the quality of the evidence.
Where the refusal of the Residence Card is on the basis of not being satisfied that the
non-EEA national is a family member of an EEA national, but the applicant later
produces conclusive evidence to prove they are a family member, reconsideration of
the decision to refuse a Residence Card is appropriate. Caseworkers must, however
be, satisfied that the EEA national is still exercising their Treaty Rights in the UK at the
time of reconsideration.
5.1.11 Issuing a Residence Card
Once the relevant checks detailed above have been completed the caseworker may
issue a Residence Card if they are satisfied that the third country national is related
to the EEA national and that the EEA national is exercising a Treaty right.
Residence Cards are issued with a validity of 5 years.
Residence Cards take the form of a vignette endorsement place in the non-EEA
national‟s passport or on an immigration status document (ACD.2150) if no passport is
available.
� The appropriate covering letter is the ECD.3108.
5.1.12 Issuing a Swiss Residence Card
Although Swiss nationals are not EEA nationals the Agreement between the EU and
its Member States and the Swiss Confederation on the Free Movement of Persons in
general terms confers on Swiss nationals and their non-EEA family members the
same rights as those enjoyed by EEA nationals and their non-EEA family members.
Swiss nationals are treated as EEA nationals under the 2006 EEA Regulations.
If a non-EEA family member of a Swiss national qualifies they are issued with a
Swiss Residence Card.
Swiss Residence Cards are issued with a validity of 5 years.
Swiss Family Member Residence Cards take the form of a vignette endorsement place
in the non-EEA national‟s passport or on an immigration status document (ACD.2150) if
no passport is available.
� The appropriate covering letter is the ECD.3109.
5.1.13 Exemption from Police Registration
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