RC application - passport didn't arrive after 10 days

[vivienne]

Hi All,
this forum has been SUPER useful to learn about the process, i wish i knew about it before i had issues.
I have a problem and would like advise or hear other's experience.

EEA family member of the 6 month expired end of January 2016
- applied for RC on the 11/1/16
- received Biometrics application 15/2/16 - applied 17/2/16
- requested passports back 21/2/16 - stated urgent for my husband traveling for work and asked to have mine back as well
- 5/3/16 received my husband's passport back and two letter (all dated the 1/3/16)
- letter 1 for my husband that he have is passport back
- letter 2 for me - "thank you for enquiry regarding the progress of application ....please do not do not telephone or make enquiries before you hear from us unless you need your passport urgently...."
letter 3 for me - "you have requested the return of your passport. As you currently have no basis of stay in the UK we are unable to return ...section 17..gives the secretary os state the power to retain this passport as you have no valid leave to remain in the UK and therefore be liable to removal"....than of i wish to use the voluntary department to leave etc....
- COA - received 29/2/16 dated 27/2/17 - long type COA with permission to accept jobs.
- 6/3/16 asked again my passport back (online) for traveling urgently
- 18/3/16 applied online on the secondary form that my passport didn't arrive after 10 days

NOTHING yet to arrive and its more than 10 days after my request

I called them many time and they just asked me to apply the secondary form that my passport didn't arrive which I did
I also posted a letter to the Liverpool office that they should receive tomorrow
after 5 people i spoke to the last one said he will leave a Spammy Spammer with my details (gave all the details ) and someone will get back to me probably tomorrow (others before him told me it can take a week! for someone to get back to me)
Now i am desperate - i missed a flight two days a go my husband went alone with kids and i am not sure what should i do and why the passport didn't arrive or a letter saying something.
what do you suggest me to do?
did anyone experience something similar ?

I would like to add - my husband has Czech passport he is here working and all criteria are high... married many years kids in school rent apartment since july , sent bills on my name his pay slips since july etc..
from what I read it doesn't look like there was an issue with the document and maybe it is the fact the EEA permit has expired...?
by the way i probably should have applied earlier that 3 weeks before it expired but not sure

please write back with some advise
many many thanks
Viv

[member]

Hi All,
this forum has been SUPER useful to learn about the process, i wish i knew about it before i had issues.
I have a problem and would like advise or hear other's experience.

EEA family member of the 6 month expired end of January 2016
- applied for RC on the 11/1/16
- received Biometrics application 15/2/16 - applied 17/2/16
- requested passports back 21/2/16 - stated urgent for my husband traveling for work and asked to have mine back as well
- 5/3/16 received my husband's passport back and two letter (all dated the 1/3/16)
- letter 1 for my husband that he have is passport back
- letter 2 for me - "thank you for enquiry regarding the progress of application ....please do not do not telephone or make enquiries before you hear from us unless you need your passport urgently...."
letter 3 for me - "you have requested the return of your passport. As you currently have no basis of stay in the UK we are unable to return ...section 17..gives the secretary os state the power to retain this passport as you have no valid leave to remain in the UK and therefore be liable to removal"....than of i wish to use the voluntary department to leave etc....
- COA - received 29/2/16 dated 27/2/17 - long type COA with permission to accept jobs.
- 6/3/16 asked again my passport back (online) for traveling urgently
- 18/3/16 applied online on the secondary form that my passport didn't arrive after 10 days

NOTHING yet to arrive and its more than 10 days after my request

I called them many time and they just asked me to apply the secondary form that my passport didn't arrive which I did
I also posted a letter to the Liverpool office that they should receive tomorrow
after 5 people i spoke to the last one said he will leave a Spammy Spammer with my details (gave all the details ) and someone will get back to me probably tomorrow (others before him told me it can take a week! for someone to get back to me)
Now i am desperate - i missed a flight two days a go my husband went alone with kids and i am not sure what should i do and why the passport didn't arrive or a letter saying something.
what do you suggest me to do?
did anyone experience something similar ?

I would like to add - my husband has Czech passport he is here working and all criteria are high... married many years kids in school rent apartment since july , sent bills on my name his pay slips since july etc..
from what I read it doesn't look like there was an issue with the document and maybe it is the fact the EEA permit has expired...?
by the way i probably should have applied earlier that 3 weeks before it expired but not sure

please write back with some advise
many many thanks
Viv

What is the purpose of getting back your passport?

[Richard W]

There's a similar tale from Parparcita.

What was the original basis for being in the UK? Was it a 'family permit'?

I think what you have encountered may be a standard process. The Home Office has not yet formally accepted that you in the UK as the family member of an EEA national exercising his treaty rights. If you were not, you would be liable to administrative removal from the UK. To make such a process easier, they have retained your passport.

I fear the only practical way to travel in and out of the country until you get your residence card is to travel to France or Belgium by train or ferry, for which your passport would be returned in some fashion, and on return cross the UK border in France or Belgium with your husband on the basis of documents proving that you are his wife and, to avoid a charge of abusing the process, with documents proving that he is exercising his treaty rights. I do not know whether you would then have to make a fresh application for a residence card.

[vivienne]

thanks Guys,

the first time I asked for it - i did't mention urgent reason (just assumed they would send it and that is it )
the second time i wrote i have important family issues and i must travel including dates


The original basis of my stay is family permit yes, which i have received for 6 month in July based on my husband's work here

So you think they will not give me my passport back before the application is approved and I get my RC?
wouldn't they write a letter explaining why the retain my passport for my second request?


still confused

[member]

thanks Guys,

the first time I asked for it - i did't mention urgent reason (just assumed they would send it and that is it )
the second time i wrote i have important family issues and i must travel including dates


The original basis of my stay is family permit yes, which i have received for 6 month in July based on my husband's work here

So you think they will not give me my passport back before the application is approved and I get my RC?
wouldn't they write a letter explaining why the retain my passport for my second request?


still confused

Are you a visa-free national to the UK?

[vivienne]

yes I am - if I understand the question... I wouldn't need a visa to the UK if i came here for pleasure (i think for 3 month)

[vivienne]

I wanted to update that after some legal check with a local specialised solicitor, it appears there is a legal mistake with the British Home-Office regarding the return of my passport - legally they cannot hold my passport and should return it upon my request during the visa application - this is based on the EEA family member visa I previously had. My husband's work and passport etc...
According to them I do have the right of 'leave to remain in the UK'.

So now it is about proving to home office they are wrong
how do I really do it without spending 3000K

THANKS!!
VIV

[Richard W]

Another similar case is that of Perfect2241, though he has had immigration trouble in the past.

I must admit that given what Baroness Scotland said of Section 17 (then Clause 12) of the Asylum and Immigration (Treatment of Claimants, Etc) Act 2004

We expect to hold any document that facilitates removal, but primarily passports and identity cards. We must be working towards removal, so the power would be limited.

it looks quite frightening, but I think the Home Office is just abusing its powers.

[xerican]

I am a US citizen applying based on Irish spouse of 10 years - Came in on a family permit and application submitted in Jan (only a month left on Family Permit at that stage). Requested both passports back in March, after two requests have received EU spouse's passport and the somewhat threatening letter that people seem to be getting (siting UK removal/Section 17). I'm not excited about the prospects of being held in the country during the process, and voluntary removal will not look good on any further visa applications or immigration processes in the future so also don't want to do that. Any one here able to counter their refusal to return a passport?

[ohara]

How long has it been since you requested your passport back, and did you state on the form that you needed it quickly? When I asked for my passport back, I wrote on the form that it was urgent and it arrived after 4 working days.

If you have an absolute emergency which requires you to travel, you can get an emergency passport from the US embassy. They have specific provisions for US citizens whose passports are being held by UKVI while applications are in progress.

You appear to be here legally so no need to worry about deportation.

[xerican]

I also indicated urgent travel request, but they sent the letter saying that they are holding it as I have no valid leave to remain pending the outcome of my residency permit application.

I was considering going the duplicate passport route via the embassy, however I think that would anger the Home Office - their intent by confiscating my passport is to allow for easy removal and getting a duplicate travel document to allow me to leave and enter again takes that control away. That said, I'm still strongly considering it!

[manu_uk]

Hi, in case any have information that may be useful for me
My spanish wife and I (non EEA) applied together for registration certificate and residence card.
Asked for both passports to be returned as soon as posible since we travel for business reasons.
After 3 weeks non EEA passport is back...but after 5 weeks EEA passport is still missing.
So:
1- is there a way to contact them to check where the passport is?
2- is there a way to contact UKVI regarding the COA that was not received yet?

Thanks!

[EUcards]

If you completed biometric scans then you should get COA. Try sending emails to this adress
NWEUROCOARequests@homeoffice.gsi.gov.uk..

you can also request passport online again and also write to case worker unit.

[Richard W]

I was considering going the duplicate passport route via the embassy, however I think that would anger the Home Office - their intent by confiscating my passport is to allow for easy removal and getting a duplicate travel document to allow me to leave and enter again takes that control away.

No, it doesn't remove their control. The idea is that if they remove you, they can ensure that the passport they retained then travels with you to the USA, and the USA then won't refuse you entry because they don't believe you're American. Legally having a second US passport doesn't stop them doing this.

[ohara]

I believe an emergency passport will only allow you one way travel to the United States. It won't let you freely travel around the world. Hence the name, emergency passport.

[GMB]

I believe an emergency passport will only allow you one way travel to the United States. It won't let you freely travel around the world. Hence the name, emergency passport.

He said he was considering getting a duplicate (second) passport, which is different from an emergency passport. I have a second U.S. passport, and there are no restrictions on its use.

[xerican]

Thanks for the responses, I have an in person appointment at the US Embassy for a second passport on Thursday, hopefully that will work out!

[GMB]

Thanks for the responses, I have an in person appointment at the US Embassy for a second passport on Thursday, hopefully that will work out!

You may have to explain to a consular officer why you need it, so have your reason thought out already. Needing it because the Home Office has your primary is (or was) one if the approved reasons listed at one time. Also be aware a second U.S. passport is full price but is only good for two years.

[nel974]

hi
I have requested my and my spouse's passports back too, our request was sent on the 4th of this month (April) today is 13th and no sign of passports.
our application was sent on 30th of January and BM was done on the 29 of February.
Should I call HO and whats the number to call please ?

[mard2530]

Hello!

I have the same issue requesting my passport I just got my husband's. I have family permit expired. Have any of you being issued with the RC recently?

[noajthan]

This topic is about return of passport.

See timeline threads for members' timelines.

[chinkyjoana]

Me too is on the same boat. I have requested my passport (non-eu) and my husband's passport (eu) on the 14th of July after receiving my COA and I have not received any confirmation from the home office and no passports still. Can someone please help? Any suggestions how to contact home office?my husband and I needs to travel next week. I can't believe that home office is holding up our passport for this long.