EEA Family Member rules

Good evening team

I am wondering if there is any EEA regulation that prevents the home office from keeping hold of an EEA family member's passport (and therefore restricting their movement) for 6 months?

I am thinking of applying for ILR under UK immigration law. But it seems the process is quite different for requesting my passport back. When applying for the EU-FM RC it was allowed to do so without withdrawing the application. However it's not the case with ILR. And I am wondering why. Is that because of a special protection from EU law?

For ILR under the UK immigration rules, you can apply in person for a same day decision.

If you leave the UK while your application is pending, then your application will be considered withdrawn.

What applies to EEA/EU rules, does not necessarily apply to applications under the UK Immigration rules. They are separate and independent of each other.

None of your posts indicate how long you have been in the UK. They only state you were on Tier 2 General and now switched to EEA FM.

On what basis are you planning to apply for ILR???

What does your EU partner currently do in the UK? Are they a qualified person exercising treaty rights??

CR001 wrote: ↑

Sat Oct 06, 2018 5:36 pm

For ILR under the UK immigration rules, you can apply in person for a same day decision.

If you leave the UK while your application is pending, then your application will be considered withdrawn.

What applies to EEA/EU rules, does not necessarily apply to applications under the UK Immigration rules. They are separate and independent of each other.

None of your posts indicate how long you have been in the UK. They only state you were on Tier 2 General and now switched to EEA FM.

On what basis are you planning to apply for ILR???

What does your EU partner currently do in the UK? Are they a qualified person exercising treaty rights??

Thank you for getting back to me so quickly.

I have been living in the UK for almost 12 years now. I am thinking of applying for ILR-LR The only issue is my absences are over the limit and I am going to ask the case worker to apply discretion for one long work related absence which will bring me down the days to 530. This apparently means that same day decision will be unlikely.

I travel a lot for work and it seems crazy that they can hold my passport for 6 months, which means I might be perpetually under the mercy of UK immigration laws because I will never have 6 months free to be able to apply for ILR.

My EU partner has had PR in the UK for the last 2 years. But he doesnt wish to apply for British citizenship for different reasons.

Is the reason the home office returns the documents for EEA applications within 10 days due to a protection in EU regulations?

doctor1989 wrote: ↑

Sat Oct 06, 2018 5:48 pm

Is the reason the home office returns the documents for EEA applications within 10 days due to a protection in EU regulations?

It's not so much a protection as that EU laws are significantly different from UK laws. The UK Immigration Rules state that if you withdraw the passport, the application is withdrawn. There is no such provision in EU law, that's all.

Some countries allow you to have a second passport for travel if you travel a lot and need a passport for travel while visas are being processed. You may want to check the rules for your national passport.

Also, be aware that you may want to reduce excessive absences, even for work. That may have a negative impact for any future citizenship application, which is solely under UK law and much stricter. Absences five years before the date of application for British citizenship can cause issues with the physical presence requirement, for instance.

When did you marry your EEA citizen spouse?

secret.simon wrote: ↑

Sun Oct 07, 2018 11:39 am

doctor1989 wrote: ↑

Sat Oct 06, 2018 5:48 pm

Is the reason the home office returns the documents for EEA applications within 10 days due to a protection in EU regulations?

It's not so much a protection as that EU laws are significantly different from UK laws. The UK Immigration Rules state that if you withdraw the passport, the application is withdrawn. There is no such provision in EU law, that's all.

Some countries allow you to have a second passport for travel if you travel a lot and need a passport for travel while visas are being processed. You may want to check the rules for your national passport.

Also, be aware that you may want to reduce excessive absences, even for work. That may have a negative impact for any future citizenship application, which is solely under UK law and much stricter. Absences five years before the date of application for British citizenship can cause issues with the physical presence requirement, for instance.

When did you marry your EEA citizen spouse?

It would have been Jan 2018. He's had PR since April 2017.

But even if I have a second passport, I assume the home office will keep hold of my EEA FM RC which I will need to re-enter the country.

It's all very complicated haha.