Return of Passport

[billieuk]

My scenario is that I'm a British Citizen, and my wife is a TCN over-stayer. Having got no where trying to regularize her status in the UK we want to leave and return via the tried and tested Singh route. My issue is that the UKBA has held on to her passport. I realise that technically I don't need her passport if we can prove her identity and that we are married, however to simplify the process I want to apply for a short stay Schengen visa, which is what I've been recommended by several European consulates.

What I want to know is whether anyone has had any fortune in getting the passport returned by UKBA for this purpose rather than collecting it at point of departure which seems to be their prescribed scenario?

Thanks

[EUsmileWEallsmile]

You are an EU citizen. Your wife is your family member. The UK requires to facilitate your rights of freedom of movement. It may be understandable from their point of view that they require to hold onto an overstayers' passport, but they require to balance that against effectively imposing an exit visa or other equivalent formality, which is forbidden.

Talk to them.