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ohara wrote:You can request your passport back as long as it has been at least 10 working days since the Home Office received your application.
https://www.gov.uk/visa-documents-returned
In the question where it asks Do you want to withdraw the application? make sure you choose NO.
State in the information box that you need your passport urgently to travel. I did this and my passport arrived in 4 working days.
Where did you apply for the EEA FP?CheGuevara wrote:Hello,
please i need some urgent answers, can one withdraw one's passport whilst keeping the application active ( i applied for an EEA family permit) but i need my passport back for something really urgent but i do not want to withdraw my EEA family permit application.
Thank you
On what sort of visa or similar did the non-EEA spouse arrive in the UK? If the arrival was by a non-EEA route, I would say that the threatening letter to him were normal nowadays. Such a letter may precede the arrival of a RC, though I haven't noticed one precede a PRC. The bit about having to wait for a decision I have not heard of; perhaps they have improved the threatening letter. All you learn from the letter is that your right to be in the UK depends on the EEA Regulations (which you will have known already) and that no decision has been made on your EEA application. It says nothing about the application's probability of success.nel974 wrote:Mine did not arrive but received a letter saying I have no permission to stay and I am liable to removal.
It also says I have to wait for decision on my application which is not yet made.
Does it mean my application is rejected or has less chances of success?
thanks for your reply, non eu arrived on a student visa and then was on EU resident card for 5 years, current application is for PR.Richard W wrote:nel974 wrote:Mine did not arrive but received a letter saying I have no permission to stay and I am liable to removal.
Such a letter may precede the arrival of a RC, though I haven't noticed one precede a PRC. The bit about having to wait for a decision I have not heard of; perhaps they have improved the threatening letter. All you learn from the letter is that your right to be in the UK depends on the EEA Regulations (which you will have known already) and that no decision has been made on your EEA application. It says nothing about the application's probability of success.
member wrote:Where did you apply for the EEA FP?CheGuevara wrote:Hello,
please i need some urgent answers, can one withdraw one's passport whilst keeping the application active ( i applied for an EEA family permit) but i need my passport back for something really urgent but i do not want to withdraw my EEA family permit application.
Thank you
Richard W wrote:RC = Residence Card
PRC = Permanent Residence Card
I speculate that there has been an automatic check of your passport against records of immigration under the Immigration Rules, and you have simply been flagged up as an overstayer. Of course, if your PR application is refused, you may yet qualify for a residence card. Unfortunately, the HO doesn't issue an RC automatically in such cases.
The cases where I have seen a pattern are for RC applications. I haven't seen enough examples to make sound comments on PRC applications, so I can only go on RC applications.
For a direct family member, such as a spouse, an RC does not act like a visa in this respect. Your right to reside and to work derives from your sponsor's right to reside or work, not from your possession of a RC. (This only changes when marriages are terminated.) The practical answer will be that your sponsor should have done everything for you except possibly to sign. What does derive from an RC is being safe to employ without fear of fines for employing an illegal worker. In so far as the Home Office sees you as an overstayer, it is either because your student visa has expired (possibly some computer's view) or, and there may be some argument over terminology here, because the Home Office does not believe your wife is exercising her treaty rights. The latter would be a real issue; the former is primarily an irritant, and the retention of your passport may actually be unlawful.nel974 wrote:Thanks for your reply I am 100 percent with you on the matter over stayer.I was on RC from 2009 to 2014 and I was suppose to apply for my PRC in 2014, but right before the application I had a very serious accident and couldn't do a thing.
hi,Richard W wrote: In so far as the Home Office sees you as an overstayer, it is either because your student visa has expired (possibly some computer's view) or, and there may be some argument over terminology here, because the Home Office does not believe your wife is exercising her treaty rights. The latter would be a real issue; the former is primarily an irritant, and the retention of your passport may actually be unlawful.