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did he tried explain to HO that the only passport he have is expired one, and the embassy don`t wan`t issue new one to he get residence permit?sshah20 wrote:you said that my friend is legal resident in the UK. how is he legally here?
as you know he entered UK on visit visa which was valid for 6 months about 10 years ago and is still here without any visa.
yes he has his old 10 years passport.i went with him to the embassy and i explained them that he is married with Polish girl and now has one daughter as well but they refused his passport and said that you are illegal in the UK and therefore we cant make passport for you. they said first you need to apply for residence card then we will make passport.
please guide me as i really want to help him because his mother is sick in Pakistan and he want to go back for sometime.
He is legal by virtue of marriage with an EU national. His right to stay in the country is conferred directly on him by EU treaty rather than any papers issued by Home Office.sshah20 wrote:you said that my friend is legal resident in the UK. how is he legally here?
as you know he entered UK on visit visa which was valid for 6 months about 10 years ago and is still here without any visa.
You can only get a Certificate of Travel from the UKBA if you have been granted ILR, Humanitarian Protection or Discretionary Leave following refusal of an asylum claim. This peson has no leave in the UK so does not qualify for a certificate of travel.Directive/2004/38/EC wrote:I think there are a couple of options.
(1) Try to get the reason for the passport refusal in writing. Best if the Pakistan embassy wrote a letter which says "We will not issue XYZ a passport because we have not seen evidence that XYZ is legally resident in the UK".
(2) Apply for a Residence Card, indicating in a cover letter that (a) you are married to an EU citizen working in the UK and have a child with them and that (b) the Pakistan embassy refuses to issue you a new passport (copy of letter enclosed)
(3) If the Residence Card application is rejected, then apply for a UKBA issued Certificate of travel ( http://www.ukba.homeoffice.gov.uk/while ... eoftravel/ ). You will need to include a letter that states that (a) you are married to an EU citizen working in the UK and have a child with them and that (b) the Pakistan embassy refuses to issue you a new passport (copy of letter enclosed). When you get that, you can then apply again for the Residence Card in (2)
(4) When you have the Residence Card, then apply again for a passport
In reading in more detail, I agree it says that. I might still apply for it though, as it might make the people from that section and the European casework section talk with each other. (I am an optimist!).Greenie wrote:You can only get a Certificate of Travel from the UKBA if you have been granted ILR, Humanitarian Protection or Discretionary Leave following refusal of an asylum claim. This peson has no leave in the UK so does not qualify for a certificate of travel.
http://www.ukba.homeoffice.gov.uk/while ... qualifies/
He won't get it. It's a waste of £238 which we won't get back. He is better off relying on his expired passport.Directive/2004/38/EC wrote:In reading in more detail, I agree it says that. I might still apply for it though, as it might make the people from that section and the European casework section talk with each other. (I am an optimist!).Greenie wrote:You can only get a Certificate of Travel from the UKBA if you have been granted ILR, Humanitarian Protection or Discretionary Leave following refusal of an asylum claim. This peson has no leave in the UK so does not qualify for a certificate of travel.
http://www.ukba.homeoffice.gov.uk/while ... qualifies/
Were was your friend married? I do not know whether an Islamic wedding is enough in this case.sshah20 wrote:actually i don't know much about residence card. i know things about HSMP and ILR but EEA route is totally new for me. that is why i ask many questions. now its clear that he can apply for residence card without passport. could you please list what supporting documents he need to send to the home office?
he has not yet register his marriage with home office. he married her according to Islamic laws.
is certificate of approval is necessary before applying for residence card?
regards,