Passprt retained by HO after refusing EEA 4

[Berta]

Hi there,
Please advise me on my current situation. Me and my non-EEA husband applied for PR and were refused. I've got all my documents back but my husband's passport wasn't returned. We appealed and the 1st tier tribunal allowed our appeal. However, HO applied for permission to appeal from this determination. My husband's passport is still kept by HO and it looks like this appeal chain can take quite some time.
Q1. How to get my husband's passport back without interrupting the process? My husband has been without his passport for 9 months now. His job requires travelling abroad. For last few months his employer was considerate but not anymore.
Q2. Is there any other way for him to travel e.g. get alternative travel document or permission from HO to travel? Loosing a job is the last thing that could happen to us now.
Q3. What happens if he request his passport back and travels?
Q4. On which bases can he come back to UK?
Q5. How long it can take to hear from 1st tier tribunal whether HO is permitted to appeal?
Please advise.

[Obie]

Write to Home Office and request his passport.

Make complaint and get MP involved if necessary.

[Clao44]

Hi,
I am afraid your huband and you will have to wait, that seems to be what we all have to do
I'll share with you my situation. I am a non EU wife of an EU. I've lived in UK since dec 2006. My husband always working since 2005. Reason of refusal, not enough evidence of work to have sent 2 payslips per year, did not send P60s (biggg mistake, send as much docs as you can!!!!)
Applied for PR beginning of december 2012.
Refuse letter received end of june 2013 ( and because we asked for his passport to be returned)
Appeal that week.
Hearing date given in october by Court for beginning of Nov 2013
one day before hesring HO withdrew appeal ( because we had ALL docs and they knew they will lose!!!)
Today 10th february.... STILL WAITING!

Solicitors say this is a new practice from HO and the waiting time are absurd!.
I have called them, sent letters, etc, etc.

No hope. I've been now 1 year and 3 months without my passport!!!!

DO NOT SEND his passport! or try to avoid it!

[wiggsy]

Is eu still working if so that's the basis of how to reenter UK.

Leaving the UK does not kill the appeal ( Thanks for showing me that obie ) .

Don't waste time asking for it back. .. remind the ho of the fact that retaining the passport is akin to theft as they cannot deport the non eu.

Give them 14 calender days to return it n then file to the courts for jr.

When they retained my wife's passprt I told them I was submitting court docs the following day. They drove the pp from Liverpool that night.

... they wont be able to kill the jr like they can other appeals... and the potential fines and compo might make them think twice...

[Berta]

Write to Home Office and request his passport.

Make complaint and get MP involved if necessary.

Thanks Obie for your advice.
Whom should we write to request my husband's passort, to the case worker?
Whom should I make complaint to?
In which capacity should I involve MP? How he can help?
Many thanks again.

[wiggsy]

Whom should I make complaint to?
In which capacity should I involve MP? How he can help?


.....


ask the mp top raise your complaint on your behalf.

[Berta]

Is eu still working if so that's the basis of how to reenter UK.

Leaving the UK does not kill the appeal ( Thanks for showing me that obie ) .

Don't waste time asking for it back. .. remind the ho of the fact that retaining the passport is akin to theft as they cannot deport the non eu.

Give them 14 calender days to return it n then file to the courts for jr.

When they retained my wife's passprt I told them I was submitting court docs the following day. They drove the pp from Liverpool that night.

... they wont be able to kill the jr like they can other appeals... and the potential fines and compo might make them think twice...

Thanks wiggsy for sharing your experience. I'm going to try your proven way. Just started drafting a letter to HO.
What legal grounds should I use as arguments for returning the passport?
Should I send the letter to a case worker that was dealing with our case?
Many thanks for your help.

[wiggsy]

I made a few posts on this last year http://pearsall.eu/2013/10/how-can-i-ge ... me-office/

[Clao44]

Dear Berta,
What Obie says may be true, but its not that simple! Many people have tried those options and with no results. Anyways its worth to try everything.

You can write to your caseworker and hopefully it will work.

If you request his passport back you might find yourself with another refusal if they find reasons to do so. I haven't heard about this option before. I know that asking for the non-EU passport back during appealing process is like withdrawing the application. But dont know about asking for it once you have won the appeal or HO has withdrew it before court hearing.

[wiggsy]

Requesting passport back does not cancel appeal on eea applications. It does on UK law. But home office will all you to withdraw application before returning passport which will cancel appeal.

[Berta]

Dear all, thanks a lot for all your expertise and advice.
We got the letter yesterday that the First Tier Tribunal did not give permission to Home Office to appeal.
Now, they have 5 working days to apply for the permission to appeal to Upper Tribunal. We'll probably wait couple of weeks and see whether they go for it.
We don't know on which bases HO applied for the permission to appeal. Is there any way to find it out?
Many thanks again for your help.

[Clao44]

Got a phone call from HO!!!! They will send my passport back with the PR !!!! Finally!!!

Just to update my situation. I have previously explained my situation in one of this boards.Here it is again as I know many of you are in similar situations and this may help with your case and waiting times questions.

I am a non EU wife of an EU antional. I've lived in UK since dec 2006. My husband always working since 2005. Reason of refusal, not enough evidence of work to have sent 2 payslips per year, did not send P60s (biggg mistake, send as much docs as you can!!!!)
Applied for PR beginning of december 2012.
Refuse letter received end of june 2013 ( and because we asked for his passport to be returned)
Appealed same week.
Hearing date given in october 2013 for beginning of Nov 2013
one day before hearing HO withdrew appeal ( because we included ALL docs, everything, all 5 years payslips, p60s, etc in the bundles and they knew they will lose!)
January 2014: Solicitors sent a couple of letters, I called few times with no results.
Only when the 12 week period after withdrawing had passed (the time that suppose to be enough for them to make a decision) solicitors decided to take an step forward and write a Complaint.
One week later, today 6 of march 2014- after 16 weeks from withdrawing- I have received a call from HO to my home tel number asking the address they should send our docs and said i should be getting my passport within the next week!!!!

I cant believe it!
16 months of nightmare are over!

Good Luck to everyone with their applications!