Each entry on the visa is limited to six months. Has the leave for her most recent entry expired?Petanque wrote:... her right to stay in the UK depends on the outcome of the application. And also saying that if she needs to travel, she will need to contact another team and get her passport delivered to the border! We are shocked as she does have a valid tourist visa until 2018. Why would they not return her passport
Should she be refused a residence card, I strongly suspect the visa will be cancelled, for the Home Office is unlikely to believe that she would intend to return after any subsequent entries to the UK. It might very well be cancelled regardless.
I believe they are retaining the passport so as to make it easier to administratively remove her if they refuse the residence card. This may be unlawful if assurances in Parliament have any influence in court - Vivienne's solicitor is treating it as such according to her topic in this forum.