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Premo wrote:Hi people,
I have some questions.
I, french national, am just married to my non-eea wife after HO gave us COA. She applied voor EEA2 permit 1 year before we applied for COA.
Her passport is being held up to this day by UKBA from the moment she entered the UK. Passport has now expired. She is now an overstayer.
HO just send us a letter stating that EEA2 is refused because my wife did not provide a valid pp nor valid ID. Kind of strange considering that UKBA is holding the expired passport themselves and they are aware of this!
I guess we now have two options, either we ask for HO to send my wife’s passport back or we simply go to the embassy and ask for a new passport. We contacted the embassy and they told my wife that she can get a new passport. However they told that the process will take up to 10 to 12 weeks, renewing a passport would take less time.
In this case we rather ask HO to send the pp back! Is HO now obligated (according to Article 5.4 of the Directive*) to send the pp back if we ask for it? If so and we end up renewing the pp, where do we go from there? Do we have to send our pp back again to HO with a letter referring to our case and re-launch EEA2 application? God knows how long that will take again!! Is there a simpler way to go about all this if my wife would has a new pp? For example: When pp is renewed we go to a UK visa office with the marriage certificate and she gets a ‘leave to remain/enter’ stamp (should take 2 or 3 days to process?). Fact of the matter is that she needs some sort of proof for her employer.
* Article 5.4
Quote:
Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence
Duplicate!!!!!!!
Please help!
I've got a friend who experienced a similar situation just like your wife did.Premo wrote:My wife arrived in the UK over 5 years ago.
She was only given 2 weeks stay. There was no reason given nor was she given a letter stating that she only had 2 weeks and no case no. or reference no. was given neither!
upon arrival on the airport they took her seperate, asked plenty of questions and was then told she only had 2 weeks. She had to hand in pp!
Why she only got 2 weeks instead of a 6 months visa is something that she and i dont understand! No criminal history nothing so why??
Is it fair to say that UKBA just acted wrong and they no have no idea where the pp is!?
With respect to Obie I think demanding the return of the passport will not be successful as my passport states it is the property of Her Majesty's Government and not my possessionObie wrote:Please note that Article 5.4 applies to cases wherein the EEA national/ a family member of such persons, enters a member state without an identification.
Community Law does not preclude the requirement for people to have a national ID or passport as evidence of their nationality when they are crossing an internal frontier, however it makes provision, wherein for one reason or another, the person is unable to present it to an Immigration officer.
The fact that it state, the memberstate should give the person enough time to produce the identification documents, or ascertain by other means whether or not they benefit from the free movement provision, indicates it does not give a blind exemption, or condole the act of moving to another country without an ID.
It only view expulsion as an extreme measure, and would rather it is used when all other avenue has been exhausted.
In your case, your wife is seeking residency not entry, therefore Article 10 of the Directive which states the exhaustive list of documents to provide to the national authority for a residence is applicable as opposed to Article 5.4
I will suggest you show weeding photos, or other conclusive evidence from the country of your wife's origin , stating she is who she claims to be, and the person on the Marriage certificate.
It will be best for her to get a new passport, or write to the HO department who confiscated her passport, demanding the return of the expired passport or threat with pursuant of legal action.
My wife's passport is also not British but it says that it is the property of her country's Government but although the HO may not have the right to hold the passport, your wife has no right to demand the return of something which is not her propertyPremo wrote:My wife's pp is not a british one....
Do u mean to say that every country states in a pp that the pp is property of the state? Even if, that does not give HO right to hold my wife's pp looking at my case.
Once again, we can make a new one at the embassy but we want to avoid relaunching eeA2. What to do?
What you stated is correct, but it happens in exceptional cases. The Foreign Secretary rather that the Secretary of state, has the power to do so.[b] Withdrawing British Passport[/b] wrote: The Foreign Secretary has the power to withhold or withdraw a passport at his discretion, although in practice such power is exercised only very rarely and in very exceptional cases. First, in the case of minors suspected of being taken illegally out of the jurisdiction; secondly, persons believed on good evidence to be fleeing the country to avoid prosecution for a criminal offence; thirdly, persons whose activities are so notoriously undesirable or dangerous that Parliament would be expected to support the action of the Foreign Secretary in refusing them a passport or withdrawing a passport already issued in order to prevent their leaving the United Kingdom; and fourthly, persons who have been repatriated to the United Kingdom at public expense and have not repaid the expenditure incurred on their behalf.
Premo wrote:My wife arrived in the UK over 5 years ago.
She was only given 2 weeks stay. There was no reason given nor was she given a letter stating that she only had 2 weeks and no case no. or reference no. was given neither!
upon arrival on the airport they took her seperate, asked plenty of questions and was then told she only had 2 weeks. She had to hand in pp!
Why she only got 2 weeks instead of a 6 months visa is something that she and i dont understand! No criminal history nothing so why??
Is it fair to say that UKBA just acted wrong and they no have no idea where the pp is!?
I agree that the only wrong doer in this case is the UKBA but that is using western logic.Obie wrote:If it anybody's property, it is certainly not the UK border agency's for the keeping or shall i say confiscating.
If the OP's wife's country want to withdraw her passport, i am sure they would have found a way of doing so without asking the UKBA.
What you stated is correct, but it happens in exceptional cases. The Foreign Secretary rather that the Secretary of state, has the power to do so.[b] Withdrawing British Passport[/b] wrote: The Foreign Secretary has the power to withhold or withdraw a passport at his discretion, although in practice such power is exercised only very rarely and in very exceptional cases. First, in the case of minors suspected of being taken illegally out of the jurisdiction; secondly, persons believed on good evidence to be fleeing the country to avoid prosecution for a criminal offence; thirdly, persons whose activities are so notoriously undesirable or dangerous that Parliament would be expected to support the action of the Foreign Secretary in refusing them a passport or withdrawing a passport already issued in order to prevent their leaving the United Kingdom; and fourthly, persons who have been repatriated to the United Kingdom at public expense and have not repaid the expenditure incurred on their behalf.
This does not apply in this case.
The OP's wife is the legal and rightful bearer of the Passport in question.
No instruction has been given by her country for it to be confiscated.
The only person in the wrong here is the UKBA.
If what you said is correct, the reasons should have been properly stated in writing, and the right of appeal conferred.
Can you imagine a foreing country confiscating your passport without any properly explained reason.
I am sure you will go bunkers.
I think the OP should seek judicial review, that will wake UKBA up to the smell of the coffe.
That'll teach me to read posts properly!Premo wrote:Hi Kitty,
I agree but as our HO refusal letter stated:
a) a valid passport OR valid id card ( which we just sent to UKBA)
I would use the original Certificate of Application (the letter the HO should have sent you when your wife first applied), and the subsequent correspondence asking for her passport/ID.(b) proof that the applicant is such a family member" --> well, our marriage cert. should be enough
This now means the case is being reconsidered, thus pending, and most importantly: no pp or id can be given to employer untill final decision has been reached as UKBA has it in their hands. Letter of sollicitor should be sufficient?