Client had two valid passports and after having the first rc issued in 2008, applied for another one to be issued in the newer one.
The ukba did issue the second one but asked to return the first valid passport with valid rc to be cancelled!
Loads of ballox! I will write to ukba to simply ask to quote legislation which allows for this. The only way the rc can be revoked is under Reg 20 but they only refer to this situation. Ukba can revoke the card if the person ceases to be a fam member or the eea national is not a qualified person, but to dlask to cancel the confirmation of the actual right in the passport does NOT make sense.
It is not the card which confers the right but the status and the rc is just a confirmation. I had an email from a deputy chief caseworker claiming that ukba "discharged their duty" by issuing the first card and that the second card leaves it open to abuse by the applicant (selling passport on etc)
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I said that:
1) the regulations are strict and once the applicant provides the requested docs, the ukba must issue the rc without any quakification;
2) to justify refusal by claiming potential abuse is not a good enough answer and is illegal to say the least;
3) most people with expired passports but valid rc in them dont get requested to send in the old rc to have it cancelled;
4) the ukba's trend of issuing rc on a4 papers leaves it open for the rc to be used with multiple passports, whats the difference;
5) what if a person turned up at the border with the earlier valid passport with the rc cancelled, wouldnt they let him in?
As long as the person is a family member of an eea national qualified person, he is NOT SUBJECT TO IMMIGRATION CONTROL, how can this bureaucratic exerise of cancelling a valid rc confirming that status make any difference.
Anyway, i will write to them and ask to tell me on what groubds they demanded all this. I will tell them that i dont mind them updating the system but the passports will not be sent in for cancellation or anyth of the sort.
smth along the lines they wrote "pls note ur old rc are not valid anymore and u wont be able to leave/enter the uk with them. Also, if u can send the passports back for those rc to be cancelled/destroyed"
I liked especially that u cant "leave" the uk with those rc
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Let me know what u think but i hate it when the executive usurps the role of the legislative.
I partly c the point of their argument but its not convincing enough and has no legal basis unfortunately