Permanent Residence - passport retained; liable to removal

[perfect2241]

Hello guys i need someones help, i have been following alot of timelines but havent seen anyone with this kinda problem
My 5 year resident permit was due to expire on 12,oct,2015
i sent my PR application on the 10th oct, 2015
Application was received by HO on the 12 oct,2015
there was a delay in taking funds because of debit card details
i submitted my biometrics on 23rd november 2015
COA sent on 09,Dec, 2015
received COA with right to work on 11,Dec,2015
Requested for my Partners EEA'S Passport on 08,Jan,2016
Received Wife's passport on 14, jan, 2016
NOW THIS IS WHERE IT GETS CONFUSING AND FRUSTRATING FOR ME:
I Requested for My passport (Main Applicant) for renewal because my passport had expired and i needed it in order to get a new one done, i called the HO and they said i could request it back for that.
i requested for it on 8 feb 2016
i got a letter on 15/02/2016 which said

they have received my request for the return of my passport.

they can confirm that they are not prepared to return those documents to me
it further states: section 17 of the asylum and immigration (treatment of claimants etc) act 2004 gives the secretary of state powers to retain this passport as you have no valid leave to remain in the united kingdom and may therefore be liable to removal.

I AM TOTALLY CONFUSED WITH THIS LETTER, BECAUSE I HAVE NOT RECEIVED ANYTHING FROM THEM BEFORE THIS LETTER; MOREOVER I HAVE THREE KIDS WITH MY WIFE AND WE HAVE BEEN WORKINH AT THE NHS FOR THE PAST 6 YEARS, I STILL WORKING AND WE EARN MORE THAN ENOUGH. COULD THIS HAVE BEEN A MISTAKE AND IS THERE ANY ADVICE ON THIS. THANKS

[noajthan]

@perfect2241, I can see you are new to the board and that you are upset by this letter - but kindly refrain hijacking other posts and tagging your question onto them.

I have moved your question to this single thread to avoid jumbling & confusion with other members' posts.

It is the middle of the night here in Europe and all members here are volunteers.

When someone is available they will surely offer advice.

- Board Moderator

[chriskv1]

Your frustration is totally understandable . But please retain from typing in uppercase as it's shouting and is considered rude.

It's just normal for the HO to retain your passport in cases like this , but the fact is that you don't need a valid visa , you were issued an RC which was just a confirmation of your rights . I suggest you write to them explaining this .
Maybe they'd budge

[ally007]

@perfect2241, I think you really need a help from the gurus. What's your nationality and your wife nationality? How did you enter this country in the first place? I think those questions are important so we can all advice.

[noajthan]

...

i got a letter on 15/02/2016 which said

they have received my request for the return of my passport.

they can confirm that they are not prepared to return those documents to me
it further states: section 17 of the asylum and immigration (treatment of claimants etc) act 2004 gives the secretary of state powers to retain this passport as you have no valid leave to remain in the united kingdom and may therefore be liable to removal.

...

This HO guidance may go some way to explain what is happening;
also what is being done to you & what next steps may be:
https://www.gov.uk/government/uploads/s ... A_v8_3.pdf

[perfect2241]

@perfect2241, I think you really need a help from the gurus. What's your nationality and your wife nationality? How did you enter this country in the first place? I think those questions are important so we can all advice.

I have been in London since 2000, I had a 6 months tourist visa then was granted two years after that. Met my wife in 2009 and married in 2010, she is a German national but was born in same country as me in west Africa. We have three kids together and have been living and working in uk. She applied for a PR two years ago which was issued to her within 6 weeks. We both currently work for the NHS. Provided everything from joint account to everything u can think of. Could this have been sent by error?

[perfect2241]

...

i got a letter on 15/02/2016 which said

they have received my request for the return of my passport.

they can confirm that they are not prepared to return those documents to me
it further states: section 17 of the asylum and immigration (treatment of claimants etc) act 2004 gives the secretary of state powers to retain this passport as you have no valid leave to remain in the united kingdom and may therefore be liable to removal.

...

This HO guidance may go some way to explain what is happening;
also what is being done to you & what next steps may be:
https://www.gov.uk/government/uploads/s ... A_v8_3.pdf

Thank you very much for your time, I have had time to read through the links u sent earlier; I don't think any of those apply to me but then again, u can never be too sure with the HO. Everything with us is genuine. That letter really caught me and my wife by surprise because it came out of no where especially with the liable to removal part. Would u suggest I call them.

[noajthan]

@perfect2241, I think you really need a help from the gurus. What's your nationality and your wife nationality? How did you enter this country in the first place? I think those questions are important so we can all advice.

I have been in London since 2000, I had a 6 months tourist visa then was granted two years after that. Met my wife in 2009 and married in 2010, she is a German national but was born in same country as me in west Africa. We have three kids together and have been living and working in uk. She applied for a PR two years ago which was issued to her within 6 weeks. We both currently work for the NHS. Provided everything from joint account to everything u can think of. Could this have been sent by error?

What were you granted 2 years after tourist visa?
Any history of overstay/breach of immigration rules?

Any issues with your passport (apart from fact it was expiring)?
How about marriage certificate?
Was it clear in the application your sponsor is an EEA national?

Could be clerical error. Maybe someone somewhere was looking for a valid UK visa thinking you are on a UK immigration route.

[perfect2241]

Yes I overstayed and was liable for removal. I tried to get it extended because I had a good job and moreover my mother was a citizen. I remember getting detained at Heathrow the first time I travelled outside the country and was later apologised to because they had not updated their records after being granted my Residence Card.

I would like to think they know my wife is an EEA national because I included everything including her passport among other things. I really hope it was an error and if it was please what would u advice I do. Contact them or leave it so I just don't complicate things?