Return of passport during EEA card application

[asian_atheart]

Hi there,
This might sound a bit silly question but I want to clarify if we got the right immigration advice. My partner (EEA national) and I plan to get married in a few months and we went to consult with an immigration lawyer regarding the paperwork to apply for a family member residence card.

However he seemed to insist that it is not possible to apply for return of my passport( non EEA) while the application is being processed. He says this would cancel the whole application. Now obviously I have seen that many people on this forum have requested passports back with no problem. So he has obviously given wrong information. Can anyone confirm that he is giving incorrect info? Is it something followed if you use a representative?? As it has now moved to a biometric system there should really be no reason for the holding of passports?? I'm rather bummed by the advice we got. Any thoughts?

[johnny9765]

Your solicitor isn't very clued up EU law as far a i can see. You can request your passport back if you are the EU applicant, a visa free national of the UK or if you still have valid leave during the process of your application. From my understanding your passport will not be returned if you have no valid leave to be In the UK i.e. an overstayer who needs a visa to re-enter the UK. Requesting your passport back will not affect your application at all just means your RC will be issued on paper instead of your passport.

HOPE THIS CLARIFY EVERYTHING

[asian_atheart]

Hi johnny9765,
Thanks for the reply thats how I understood it as well. I would be categorised as still having leave to remain-depending on when we apply. Though I think since April, the RCs are issued as biometric cards, so I don't think the A4 sheets would apply any more. Thanks for the clarification though!

[a.s.b.o]

Your solicitor isn't very clued up EU law as far a i can see. You can request your passport back if you are the EU applicant, a visa free national of the UK or if you still have valid leave during the process of your application. From my understanding your passport will not be returned if you have no valid leave to be In the UK i.e. an overstayer who needs a visa to re-enter the UK. Requesting your passport back will not affect your application at all just means your RC will be issued on paper instead of your passport.

HOPE THIS CLARIFY EVERYTHING

Hi Johny, a very detailed response, thank you. A further question if I may. How would request for return of passports from visa nationals be treated (for purposes of continuing RC application) if they arrived on valid EEA FP, which subsequently expired since their arrival in UK?

Primary purposes are the NINO application, provisional licence application, banking, etc.

tHANKS A MILL