EEA national family member

• Hi All!
  
  I am hoping some of you may have some experience or advise on the matter... Here's a brief of my problem:
  
  My husband is an Indian, me myself Polish. We are married for nearly 2 years now and live in the UK. My husband was granted in November 2008 a 5 year leave to remain in the UK as a family member of an EEA national. Unfortunately the visa got damaged and Home Office told us to make a fresh application... So we did, in December 2008. Since then we are awaiting the documents to arrive. We called Home Office last week and were told that the 'application is in a queue for consideration'. Even though it's been seven months already.
  
  The problem is that my husband needs to travel back to India in August. We are aware of the option of withdrawing the passport in order to travel, but the Home Office said that he will need to apply in India for an entry visa to come back to the UK or it will be decided upon his arrival by the immigration officer at the airport. How risky is that?
  
  Has anyone had a similar problem?
  
  I will be very grateful for any help fro you...

  05 Lip 2009, 05:03 Margaret