EEA (EFM) request for non-EEA passport back

[Pattysmith]

Hi all,

I hope someone can help. I'm the EEA sponsor of an unmarried non-EEA partner who has applied for a residence card EEA(EFM). My partner holds a valid EEA family permit until 10 Dec 2017.

Today, after calling UKVI I was told that my partner cannot request his passport back until a decision has been made and that i must wait 4 weeks /until the biometric letter has arrived.

This seems to go against other people's experiences on forums so I have the following questions:
1) can a non-eea passport be returned before a decision for a residence card is made?
2) if so, when is the best time to request? Could we request it now (timeline below)?
3) when is the best time to request my ERA Passport?

Thanks,
Jen

[wegiwegi]

Once you receive you COA you can request the passports back
I requested ours a week after having done the biometrics, and we received COA and Passports back at the same time.

[Pattysmith]

Once you receive you COA you can request the passports back
I requested ours a week after having done the biometrics, and we received COA and Passports back at the same time.

Thanks for that. Was this an extended family member application? And if so, did the non-EEA person have a valid family permit?

UKVI said it's discretionary whether they'll send the non EEA passport back so trying to figure out if similar. We have v expensive Xmas flights to try and make!

[wegiwegi]

No it was for a direct family member, my wife
No family permit, we got to the UK by coach, at Dover she got a 6 months stamp on the passport, that was 3 years ago.

I don't know if it is discretionary, but once the biometrics get done, ask for your passports back, if the eea is excercising the treaty rights, they should send you both passports back, no reason why not.

[piyachanbocsa]

Hi Pattysmith,

I just saw your reply on the timeline thread. Yes, it is possible to request the passports back if you apply using the EEA(EFM) form as an Unmarried Partner. We requested them back right after enrolling the biometrics and receiving the CoA.

However, there is a bullet point while completing the online return form that states:
"if I am the main applicant or another applicant and I am subject to immigration control (i.e. not settled or an EEA national or the family member of an EEA national) and I have requested my travel document for identity purposes I understand that if I use those documents to travel outside the UK, the Republic of Ireland, Channel Islands and Isle of Man my application may be refused, voided or withdrawn and the fee will not be refunded. I may also be unable to re-enter the UK;"

We haven't used the passports for travel while the application was under consideration so we haven't 'tested' the above statement.

But to answer your initial question: yes, it is definitely possible to request the passports back and that in itself did not affect our application in any way.