Home Office retained passport - Unable to exercise treaty rights

[legendary]

Hi

A little complex issue.

I have been in the UK 14 years, a majority period was lawful. However, my last application made under the UK law was refused and they kept my passport.

I now wish to move to an EU member state, with my British family member to exercise our treaty rights, but the Home Office is not returning my (already expired) passport.

The time is limited in which we need to go to the EU host nation and then come back to apply for the Residence Card.

Anything I can do to obtain my passport?

[CR001]

I have been in the UK 14 years, a majority period was lawful.

What is your full UK immigration history?

However, my last application made under the UK law was refused and they kept my passport.

What application did you make and what was the reason for refusal?

I now wish to move to an EU member state, with my British family member to exercise our treaty rights, but the Home Office is not returning my (already expired) passport.

HO likely won't return your passport as you don't appear to have any legal basis to remain in the UK if you don't hold any visa.

[legendary]

I have been in the UK 14 years, a majority period was lawful.

What is your full UK immigration history?

However, my last application made under the UK law was refused and they kept my passport.

What application did you make and what was the reason for refusal?

I now wish to move to an EU member state, with my British family member to exercise our treaty rights, but the Home Office is not returning my (already expired) passport.

HO likely won't return your passport as you don't appear to have any legal basis to remain in the UK if you don't hold any visa.

To answer:

1. Arrived 2005 - Student visa, then married etc and was lawful until May 2015, at which point the application was refused and certified.

2. Last application made in 2017 refused Dec 2018, but the passport they kept in 2015 is still with them.

HO likely won't return your passport as you don't appear to have any legal basis to remain in the UK if you don't hold any visa.

That is the whole argument, that my rights as afforded to me under the Directive 2004/38/EC (Free Movement Directive) as a family member of an EU national supersede this and therefore the Home Office no longer has any lawful reason to keep hold of my property.

What they are saying is that basically, they will only ever allow my passport at the port of departure if I want to go back to my country of origin [Non-EU], therefore breaching my Free Movement rights. Going back to the country of origin is not something I intend to do.

[CR001]

I specifically ask what UK visa applications you have made, which you have not stated.

Is your spouse an EU (non British) citizen exercising treaty rights in the UK??

What was the reason for refusal??

[legendary]

I specifically ask what UK visa applications you have made, which you have not stated.

Is your spouse an EU (non British) citizen exercising treaty rights in the UK??

What was the reason for refusal??

Sorry, it wasn't intentional, but here it is:

2005 - Entry Clearance - Student Visa until 2009

2009 - Spouse of a British Citizen

2011 - Applied ILR on the basis of two years, however, this was varied by SSHD since I recall having to submit 6 pieces of evidence of cohabitation. I fell short. So they issued a DLR instead until Jan 2015 (3 years)

2014 - Applied FLR-O, however since my relationship with my spouse wasn't quite well, i.e we were separated, they refused my application and certified in May 2015.

Net-net from May 2015 - March 2017, I challenged them in the Court(s), I lost in the end.

Made a new application (FLR-FP) on the basis of family and private life in April 2017, since I am the only non-EU nation in my household. My family, (mum, dad and brother) are British nationals. They refused the application in Dec 2018 and maintained the certification. JR with UTIAC pending.

My understanding is that the local immigration history, save for some cases such as risk to national security, exclusion ban etc won't have any impact on my EU law application, ie. EEA FM on the SS Route.

However, since I am dependent on my mum/dad, the Surinder Singh route is the only option, but these idiots won't release my passport, which has expired in 2015 and renewing it will be a challenge in itself.