passport from third country in the eu

sarahpoole · Post by **sarahpoole** » Tue Mar 12, 2013 12:20 pm

hello i need some urgent advice on my husbands passport. my husband gained schengen visa under directive2004/38/eu. he is still within his 90 days but shortly runnign out. we have come across a big accident where my husbands passport was confiscated and passed onto the countrys national embassy. they are holding the passport and have now told us they wont return it and he must take a travel document to fly home where he can claim his passport even though they havent sent it back.
the reason for this is a schengen visa is expired as it was only a month visa. but he is still convered by the directive for 90 days.
any advice on this as they are being very rude and just saying he is illegal and therefore wont give it back wwe have proved by using the directive but they are just ignoring us.

Post by **EUsmileWEallsmile** » Tue Mar 12, 2013 7:01 pm

Where are you?

Who confiscated the passport and why?

Where is the passport now?

Who is stating that husband needs to go back?

sarahpoole · Post by **sarahpoole** » Tue Mar 12, 2013 7:11 pm

we are still in germany. the 90 days are running out and we are trying to sort out going to ireland. anyhow whilst trying to sort this out i was in possession of my and my families passport.
because the authorties said it states in the passport im not allowed to have it even though we are married and that the visa is expired.
they passed back to the jamaican authorties and said my husband must go request it from there.
since we spoke to them they told him he cannot get it back and they will send it to jamaica and issue him a travel document to go and collect it from there as he is not allowed to be in the eu.
we are very worried and have showed the directive and everything but all they said is he is illegal and give him the form for a travel document
dont know why these people are doing this to us

Post by **EUsmileWEallsmile** » Tue Mar 12, 2013 7:19 pm

In what circumstances was the passport confiscated?

I suspect the Jamaican authorities are trying to comply with "return to country of origin policy". Is it the Jamaican embassy or the German authorities who are causing the issue.

I take it that you are British.

sarahpoole · Post by **sarahpoole** » Tue Mar 12, 2013 8:05 pm

i dont know the circumstances when the passport was shown to the people with all other documents they just took it and looked at it...went in some office and said that in the passport it states that its not be in possession from someone other than the passport holder..then said they will return it...they actually scared me by saying its criminal offense or something but they wont take it any further just have him request it from the embassy...quite rude about it
well it the jamaican embassy now causing the problem. by not giving it back they are actually being really rude about it and have give him travel document as his only option. even we asked can they cancel the passport and we apply for new one they said its illegal to fill in application when you know the location of the passport. but they wont give it back.
what do you suggest we do about this
yes i am british
i am very stressed about this and they are going to make his 90 days overstay if we dont get it back in next couple of week
thanks for you assistance
please advise on what we can do

Post by **EUsmileWEallsmile** » Tue Mar 12, 2013 8:22 pm

I'm not clear on why the passport was confiscated. Did a German authority do that?

The Jamaican embassy need to be convinced that your husband is allowed to be in Europe. When did his visa expire?

sarahpoole · Post by **sarahpoole** » Tue Mar 12, 2013 8:48 pm

the passport was taken by the british
the passport is now with the jamaican embassy

he arrived in schengen on 17th december so his 90 days will run out this month
but the actual visa on the passport run out on 9th jan

sarahpoole · Post by **sarahpoole** » Tue Mar 12, 2013 8:51 pm

i showed them the directive but i dont think they care or want to take any notice in reading it
do you think i should go to a lawyer?
or maybe get some confirmation from the police station?
iv rung the ministry of foreign affairs they have interviened but did suggest that he write a letter requesting it and also to the passpor office in jamaica so when it reaches there they can cancel it or send it back?
any suggestions

Post by **EUsmileWEallsmile** » Tue Mar 12, 2013 9:40 pm

sarahpoole wrote:the passport was taken by the british
the passport is now with the jamaican embassy

he arrived in schengen on 17th december so his 90 days will run out this month
but the actual visa on the passport run out on 9th jan

I am a bit of a loss to understand how this might have happened outside the UK. Does the Jamaican embassy in the UK have his passport or in Germany?

sarahpoole · Post by **sarahpoole** » Tue Mar 12, 2013 9:45 pm

im not sure which one has it. but the jamaican embassy in berlin is the ones we have been talking to and they was the ones who stated they wont return it to him because the visa isnt valid and they will only give him a travel document.

Post by **EUsmileWEallsmile** » Tue Mar 12, 2013 9:52 pm

Ok, maybe you need someone in authority in Germany to give them a steer that the visa expiry does not mean the end of treaty rights.

sarahpoole · Post by **sarahpoole** » Wed Mar 13, 2013 1:44 pm

ok thanks eusmile.
ive emailed the german embassy and asked confirmation that a spouse can stay 90 days in the eu
which they confirmed and i sent it to them
do you think we should go to a police station and get some sort of confirmation from there

Post by **Directive/2004/38/EC** » Thu Mar 14, 2013 10:12 pm

Why were you presenting his passport to the British embassy? What exactly did the British embassy say?

What are you doing in Germany? As long as you are legally in Germany, your husband is also legally there.

sarahpoole · Post by **sarahpoole** » Sat Mar 23, 2013 11:26 am

hi
so we have been to the embassy and they are behaving very difficult, have showed them the law and had confirmation from ther german embassy of the drective.
the passport office in jamaica have messaged them aswell telling them that a travel document isnt normally issued for persons if the passport isnt lost.
any advise on wether we can travel on a travel document to another country in the eu. or should we await for the passport to be sent to jamaica.

Post by **EUsmileWEallsmile** » Sat Mar 23, 2013 8:04 pm

sarahpoole wrote:hi
so we have been to the embassy and they are behaving very difficult, have showed them the law and had confirmation from ther german embassy of the drective.
the passport office in jamaica have messaged them aswell telling them that a travel document isnt normally issued for persons if the passport isnt lost.
any advise on wether we can travel on a travel document to another country in the eu. or should we await for the passport to be sent to jamaica.

I'm not sure what's going on? Has the Jamaican embassy now understood that your husband is not legal. He will need a passport at some point. I would hope that they either issue a new passport or return the one that they have sent to Jamaica.

I wouldn't want to travel on a travel document until this is resolved.

sarahpoole · Post by **sarahpoole** » Sat Mar 30, 2013 6:03 pm

The passport is now in the passport office in jamaica.
The jamaican embassy in berlin we visited in person. The lady told us she can only give travel document unless instructed otherwise by jamaica.
The passport office in jamaica won't give direct answer weather they will cancel it or return it to berlin. All they said was they was updating and then said the jamiacan embassy will contact us in 2 weeks. But didn't say what for?
So you would suggest we do not take a travel document at all?

Post by **EUsmileWEallsmile** » Sat Mar 30, 2013 8:02 pm

I would keep at them until the passport is returned or another issued. You need this resolved one way or another.

sarahpoole · Post by **sarahpoole** » Sat Mar 30, 2013 9:18 pm

Is it fair to say that they are blackmailing us by saying take a trave document to jamaica to collect passport?
Is there anyone else we can get involved at this stage?
Thanks for advice so far

sarahpoole · Post by **sarahpoole** » Mon May 06, 2013 12:58 am

We still have not got back his passport.
The passport is in the passport office
With no instruction to wether it will be sent back or cancelled to apply for new one
They still insisting on a travel document.
It has turned very complex as th united kingdom have given a pruported statement. In which I haven't seen as I'm not allowed to?
Is there anymore advice on what we can do?
Can he actually be expected to live like this without a passport.

sarahpoole · Post by **sarahpoole** » Mon May 06, 2013 1:02 am

Also they never contacted us in 2 weeks we waited then contacted then.
We are just being swung around in circles.

Post by **Directive/2004/38/EC** » Mon May 06, 2013 1:08 am

Do a SAR now http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

Complain to Solvit?

ukforever · Post by **ukforever** » Mon May 06, 2013 2:15 am

sarahpoole wrote:We still have not got back his passport.
The passport is in the passport office
With no instruction to wether it will be sent back or cancelled to apply for new one
They still insisting on a travel document.
It has turned very complex as th united kingdom have given a pruported statement. In which I haven't seen as I'm not allowed to?
Is there anymore advice on what we can do?
Can he actually be expected to live like this without a passport.

i would suggest that u write another thread to explain the situation clearly,because i can tell u that i tried to understand but i couldn't..!!too much confusion about where the passport went,or who took it,who sent it..!!??
try to be calm,make a statement and explain the situation from A to Z and explain what caused all this to happen,why the passport got confiscated in the first place,who passed it to who and then we can try to help you to resolve the issue....good luck.

Graham Weifang · Post by **Graham Weifang** » Mon May 06, 2013 4:49 am

1/ What were you doing, when the Jamaca passport was shown to the British or Germans?
.
2/ Was it initially held by the British in Germany, and handed over to the Germans, who have now handed it over to the Jamacans in Jamaca.?
.
3/ The original visa sticker was for 1 month, yeah? so is there any thing you each needed to do, before that initial 1 month visa sticker expired?
.
4/ Is it posible (financially) for your husband to fly back to Jamaca, on the travel permit offered, and then collect a new Jamaca passport, and return to where you are now (not sure if you are in UK or Germany)

Gra.

sarahpoole · Post by **sarahpoole** » Fri May 10, 2013 11:13 am

im going to post a new topic on what i want to do next.
thanks for all your help guys it looks like the passport is now being sent back to germany in a weeks time.

Post by **EUsmileWEallsmile** » Fri May 10, 2013 1:39 pm

Good news on passport.

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passport from third country in the eu

passport from third country in the eu