Applying for stamp4 but no Passport

simple_wife · Post by **simple_wife** » Wed Sep 07, 2011 6:09 pm

I am an EEA national in the Ireland exercising my treaty rights, I married with non-EEA partner, We married in UK back in may 2011. We have all the original documents including marriage certificate. We want to apply for Stamp4 but he has no passport, are we still eligible to apply for it. Has any one without the passport got the Stamp4 under EEA route. Please share your experience and advices. Please stick to the core of my problem and help me if you can. And don't be curious with irrelevant questions.

IQU · Post by **IQU** » Wed Sep 07, 2011 6:21 pm

why he dont have passport? is he ever issue national passport ? is he lost the passport ?what is his nationalty?is he any id card

simple_wife · Post by **simple_wife** » Wed Sep 07, 2011 7:17 pm

IQU wrote:why he dont have passport? is he ever issue national passport ? is he lost the passport ?what is his nationalty?is he any id card

Thanks for your reply IQU. Actually, we applied for residence card in the Uk which was refused but as my husband leave was expired they retained his passport. he has his indian id card.

IQU · Post by **IQU** » Wed Sep 07, 2011 8:00 pm

check the pm

IQU · Post by **IQU** » Wed Sep 07, 2011 8:08 pm

you can ask homeoffice to return his passport because he is not anymore in uk. also its indian authaurty property .no body have right to detained his passport.you can easily report to indian embassy in dublin.

Post by **Directive/2004/38/EC** » Wed Sep 07, 2011 8:35 pm

Are you a British citizen, or from another part of the EU?

What did they say when they retained the passport?

koded · Post by **koded** » Wed Sep 07, 2011 9:56 pm

For Residence card application , Passport is one of the requirements for non EU citizen and it must be included. Your spouse can go to Indian embassy to obtain new passport.

simple_wife · Post by **simple_wife** » Thu Sep 08, 2011 9:14 am

IQU wrote:check the pm

there is nothing in my PM. when did u send?

simple_wife · Post by **simple_wife** » Thu Sep 08, 2011 9:17 am

Directive/2004/38/EC wrote:Are you a British citizen, or from another part of the EU?

What did they say when they retained the passport?

I am from another part of the EU. We were told that as his leave is expired therefore he need to leave the country

Post by **Directive/2004/38/EC** » Thu Sep 08, 2011 11:12 am

If you are a citizen of an EU member state (not the UK, Romania or Bulgaria) and were working (or otherwise exercising your treaty rights) in the UK, then nobody should have told you to leave.

Who told you and exactly what did they say?

simple_wife · Post by **simple_wife** » Thu Sep 08, 2011 11:20 am

Directive/2004/38/EC wrote:If you are a citizen of an EU member state (not the UK, Romania or Bulgaria) and were working (or otherwise exercising your treaty rights) in the UK, then nobody should have told you to leave.

Who told you and exactly what did they say?

No one asked me to leave but my husband. We are in Ireland now and want to start our family life here. to be honest we have had enough of UK discrimination against 3rd country nationals.

Post by **Directive/2004/38/EC** » Thu Sep 08, 2011 11:28 am

Fair enough.

You can get back his old passport from UKBA. Or you can approach the Indian embassy to apply for a new passport.

He will need to have a passport to apply for a Residence Card (in Ireland called 4EUFam).

IQU · Post by **IQU** » Fri Sep 09, 2011 12:43 am

you can easily get his passport back from homeoffice.just make sure mention he is not anylonger in uk.you both living in ireland.if they dont belive you are ready to collect your passport from british high commision in dublin.let see what they said.

simple_wife · Post by **simple_wife** » Sat Sep 10, 2011 9:51 am

IQU wrote:you can easily get his passport back from homeoffice.just make sure mention he is not anylonger in uk.you both living in ireland.if they dont belive you are ready to collect your passport from british high commision in dublin.let see what they said.

Can they request irish immigration that UK refused our residence card, so irish immigration refuse it as well? may be stupid question....

Post by **Directive/2004/38/EC** » Sat Sep 10, 2011 11:06 am

simple_wife wrote:
IQU wrote:you can easily get his passport back from homeoffice.just make sure mention he is not anylonger in uk.you both living in ireland.if they dont belive you are ready to collect your passport from british high commision in dublin.let see what they said.
Can they request irish immigration that UK refused our residence card, so irish immigration refuse it as well? may be stupid question....:(

No. That is not a ground on which Irish immigration could refuse to issue you a Residence Card.

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Applying for stamp4 but no Passport

Applying for stamp4 but no Passport