PASSPORT RETURN REFUSED

[Richard W]

The guidance clearly instructs caseworker to follow the 4 stages in sequence.
And only proceed to next stage if the previous/current stage (ie test or check) succeeds or passes.

The relationship test is at stage 2 and this must be what triggered the email to OP about their relationship.

A "No basis of stay..."-type email shows the applicant is not recognised as a family member so the relationship is not acknowledged/confirmed by caseworker.

But would it be as unclear as this? I would expect, in such a case, that the reason would for refusal would be given more explicitly. Could not this be a standard letter explaining the retention of a passport because the Home Office has not (yet) accepted that she has any right to be within the UK. Remember that she had leave to remain, became exempt from needing leaving to remain, and now the leave she no longer requires has expired. The Home Office has not yet accepted that she was ever exempt.

As it appears that Parparcita has not yet been instructed to 'enrol' her biometric details, I now suspect that consideration of the application has not yet begun, let alone reached Stage 2.

[Richard W]

Unfortunately, I am no expert in this matter, but I fear that to understand the position we need at least the core text of the letter. Real names should be replaced in the text, e.g. as though Parparcita's name were Maria Castro Suarez de Duval.

Should Parparcita reply to the letter pointing out that, as Vinny wrote, she no longer needs leave to remain, but is exempt because she is the wife of the French citizen working in the United Kingdom? She could then give his name and a reference to her application for a residence card, and point out that she has not yet been invited to enrol her biometrics. This letter might then deal with several possible risks:

• It may halt any moves to remove her.
• If the 'biometric letter' has gone missing in the post, she will learn of the problem and can deal with it.
• If her application for a residence card has already been refused, she may then be told more clearly.

The time from application to biometric letter is variable; there have recently been some 7 week delays.

[parparcita]

YEs, we submitted certificate and certificated translation, also the marriage book with our sons birth details translated as well. Thanks for answering

As you can see from HO guidance the caseworker is likely following their internal 4-stage process to assess your application.
You have evidently failled at step 2 for some reason - that has triggered the removal letter & etc.
Ref https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 11+, in particular pages 13/14

Perhaps I'm being stupid, but I can't see how you deduce this!

Should there not have been a clear refusal related to the application? I'm wondering if the application is still being considered. Has the marriage book been returned?

I can see some possible, but silly pitfalls. Do the names on passport and marriage certificate clearly match up? If I understand correctly, Spanish names don't behave the same way as British names when it comes to surnames on marriage.

Another silly is that it actually looks as though Parparcita married in preparation for her move to the UK. This could cause confusion - it looks like a marriage contracted to make immigration easier, but is the formalisation of a genuine relationship. Could the process have stalled because the caseworker's supervisor doesn't know what to do?

Hi Richard,
You're right that it could look like we married before my arrival to the UK, but it's not logic to think about it like that, since we didn't have the need to do so because we are a family and we have a 13 year old son. So, we just could have claimed the relationship as a permanent partnership. It happened for us that we wanted to get married and that's something very frequent in SouthAmerica at least, when families decide to formal engage themselves after 10 or 20 years of being together.

Does anyone know where to write by email to request information of the progress of my application? It would be good if I request further explanation for the refusal to getting back my passport? Then maybe I could explain any repairs they have regarding my app.

[parparcita]

The guidance clearly instructs caseworker to follow the 4 stages in sequence.
And only proceed to next stage if the previous/current stage (ie test or check) succeeds or passes.

The relationship test is at stage 2 and this must be what triggered the email to OP about their relationship.

A "No basis of stay..."-type email shows the applicant is not recognised as a family member so the relationship is not acknowledged/confirmed by caseworker.

But would it be as unclear as this? I would expect, in such a case, that the reason would for refusal would be given more explicitly. Could not this be a standard letter explaining the retention of a passport because the Home Office has not (yet) accepted that she has any right to be within the UK. Remember that she had leave to remain, became exempt from needing leaving to remain, and now the leave she no longer requires has expired. The Home Office has not yet accepted that she was ever exempt.

As it appears that Parparcita has not yet been instructed to 'enrol' her biometric details, I now suspect that consideration of the application has not yet begun, let alone reached Stage 2.

What noajthan states sounds possible... But also your what your saying. What doesn't have any sense is that something must be wrong with my application, because if not they would have return my passport back.
I took the biometrics already. And the COA was supposed to arrive 21 days after and it didn't. I just wrote an email requesting it again. I hope at least that work out for the moment.

[parparcita]

Unfortunately, I am no expert in this matter, but I fear that to understand the position we need at least the core text of the letter. Real names should be replaced in the text, e.g. as though Parparcita's name were Maria Castro Suarez de Duval.

Should Parparcita reply to the letter pointing out that, as Vinny wrote, she no longer needs leave to remain, but is exempt because she is the wife of the French citizen working in the United Kingdom? She could then give his name and a reference to her application for a residence card, and point out that she has not yet been invited to enrol her biometrics. This letter might then deal with several possible risks:

• It may halt any moves to remove her.
• If the 'biometric letter' has gone missing in the post, she will learn of the problem and can deal with it.
• If her application for a residence card has already been refused, she may then be told more clearly.

The time from application to biometric letter is variable; there have recently been some 7 week delays.

Hi Richard,
Do you know where can I write more expeditly than the PO Box address in Liverpool? I haven't found an email address for requesting further information.
Thanks for your comments!

[Richard W]

What doesn't have any sense is that something must be wrong with my application, because if not they would have return my passport back.

No, it does make sense. What does the Home Office know? It knows that your leave to remain has expired, and if it were not for EU Freedom of Movement, you would have no right to be in the UK, or as they put it, 'you have no basis of stay'. They have not yet assessed your claim to be a family member of an EU citizen exercising his treaty rights. As they see it, you may be exempt from needing leave to remain by virtue of the EEA rules, but if you are not, they should remove you from the UK. If they decide you are not exempt, they can then remove you more easily if they have your passport. That is why they have kept it.

I'm afraid you know more than me about contacting the Home Office.

[Richard W]

Parparcita, you've just posted, "And I needed to fly home for family issues" in another thread. I am sure that the Home Office will be happy to return you your passport to fly home - they just might not return it to your control until you reach Chile. Read what they wrote about voluntarily returning.

Once you are in Chile, you will need to apply for a family permit to return to the UK. I don't know how much it will cost to get one; there's no charge, but at the very least there are travel costs in Chile. Once you have that and have dealt with the family issues, you can return to the UK. You may have to make a fresh application for a residence card.

The only reservations I have about a temporary, voluntary return is how to prevent or erase an incorrect record of having overstayed. (Your are present without leave, but do not require leave.) I don't know the answer.