Needing passport back - EEA 2

Hello all,

My partner (non- EEA) and I (EEA) have applied for temporary residency. We haven't heard back yet, as it has only been one month. As I will need to travel in December I am trying to figure out how to get my passport back.

If I (being the EEA family member) request to have my passport back, would this affect or delay our application in anyway?

How can I request to have it back?

Thank you!!

Asking the passport back (either the EEA or the non EEA) doesn't delay the application. The HO will either ask for the passports back when they are ready to make a decision or will issue the RC on a piece of paper.

To get the passports back, just click on "How can you get your passport back from the UK Border Agency if you need to travel?" at the bottom of this page and follow the instructions.

You have to make sure your visa does not expire whilst you are on holidays or you won't be able to get back into the UK. As long as your visa is still valid, i think you will be fine.

JESSIES wrote:You have to make sure your visa does not expire whilst you are on holidays or you won't be able to get back into the UK. As long as your visa is still valid, i think you will be fine.

Sorry, but this is not correct. It depends totally on which passport the non-EU citizen has, and where they are traveling from. See http://eumovement.wordpress.com/2010/08 ... to-travel/ for more details.

arielgragnani wrote:My partner (non- EEA) and I (EEA) have applied for temporary residency. We haven't heard back yet, as it has only been one month. As I will need to travel in December I am trying to figure out how to get my passport back.

Did you apply for a Residence Card?

Asking for your travel documents back should have no impact on your application. The EEA passport and supporting documents can also be asked for.

You can ask for your visa back. However, I have been told by my solicitor that as my Tier 1 visa has expired (I am waiting for an EEA2 so my expired Tier 1 visa legally continues on as I wait for the EEA2), I should not leave the UK because the continuation of my expired tier 1 will no longer be valid once i EXIT the UK. That means I can come back to the UK as a tourist, but would lose my rights to work under the Tier 1. Hope that makes sense.

But yes, it would depend on the individual visa circumstances.

JESSIES wrote:You can ask for your visa back. However, I have been told by my solicitor that as my Tier 1 visa has expired (I am waiting for an EEA2 so my expired Tier 1 visa legally continues on as I wait for the EEA2), I should not leave the UK because the continuation of my expired tier 1 will no longer be valid once i EXIT the UK. That means I can come back to the UK as a tourist, but would lose my rights to work under the Tier 1. Hope that makes sense.

But yes, it would depend on the individual visa circumstances.

What your solicitor told you is correct if you are staying within UK immigration rules (switching categories) but is not fully correct when moving from UK immigration rules to EEA regulations.
You should be aware that as you will no longer be under the UK immigration rules, you will not be eligible for ILR and effectively your clock for PR will start from zero (because you are not married).

JESSIES wrote:I have been told by my solicitor that as my Tier 1 visa has expired (I am waiting for an EEA2 so my expired Tier 1 visa legally continues on as I wait for the EEA2), I should not leave the UK because the continuation of my expired tier 1 will no longer be valid once i EXIT the UK. That means I can come back to the UK as a tourist, but would lose my rights to work under the Tier 1. Hope that makes sense.

I am assuming you are married to an EU citizen who is working in the UK.

If my assumption is correct, then your statement is not fully true. As a spouse of an EU citizen, you can enter the UK and start working immediately.

You have a special problem in that your existing Tier 1 visa is expired. And so if you leave the UK, the implied status you (may possibly) have may indeed be lost.

But if you are such a spouse, then I do not see any obvious reason you would prefer to remain on Tier 1 rather than be considered a Eu family member.

Directive/2004/38/EC wrote:

JESSIES wrote:I have been told by my solicitor that as my Tier 1 visa has expired (I am waiting for an EEA2 so my expired Tier 1 visa legally continues on as I wait for the EEA2), I should not leave the UK because the continuation of my expired tier 1 will no longer be valid once i EXIT the UK. That means I can come back to the UK as a tourist, but would lose my rights to work under the Tier 1. Hope that makes sense.

I am assuming you are married to an EU citizen who is working in the UK.

If my assumption is correct, then your statement is not fully true. As a spouse of an EU citizen, you can enter the UK and start working immediately.

You have a special problem in that your existing Tier 1 visa is expired. And so if you leave the UK, the implied status you (may possibly) have may indeed be lost.

But if you are such a spouse, then I do not see any obvious reason you would prefer to remain on Tier 1 rather than be considered a Eu family member.

Directive,
He is an unmarried partner so that complicates his case a bit.

HI Directive

My partner and I are unmarried. However, I am not concerned about the ILR. The EEA2, which I am applying for, will last for 5 years. By that time, it would be our 10 year anniversary which is when we plan to marry.

And I've 'clocked' it back to zero so many times already. I've been on a UK working holiday visa, then work permit visa, then tier 1 visa, and now applying for a EEA2 over a 5 year period. At the rate I am going, it will probably take me 15 years to get PR.

JESSIES wrote:At the rate I am going, it will probably take me 15 years to get PR.

As the lovely German expression says: Qualität dauert.
Which is maybe why UKBA takes so long to process Residence Card applications. :-)