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PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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CheGuevara
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PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by CheGuevara » Mon Apr 25, 2016 11:05 am

Hello,

please i need some urgent answers, can one withdraw one's passport whilst keeping the application active ( i applied for an EEA family permit) but i need my passport back for something really urgent but i do not want to withdraw my EEA family permit application.

Thank you

ohara
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Re: PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by ohara » Mon Apr 25, 2016 11:08 am

You can request your passport back as long as it has been at least 10 working days since the Home Office received your application.

https://www.gov.uk/visa-documents-returned

In the question where it asks Do you want to withdraw the application? make sure you choose NO.

State in the information box that you need your passport urgently to travel. I did this and my passport arrived in 4 working days.

nel974
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Re: PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by nel974 » Mon Apr 25, 2016 12:08 pm

hi,
I ( EU family member )and my wife EU member requested our passports back on 4/04/2016 after our application for PR on 29/01/2016. At first we didn't receive anything but then we filled another form, that was if you didn't receive your passport, on 20/04/2016.
Today on 25/04/2016, within two working days, we received just one my wife's passport (EU member) and two letters. Letter to my wife, which is kind of polite one, says if her family member needs a permit, it will be issued free of charge etc. The second one, bit harsh one, saying as I don't have any basis of stay in the UK, my passport is retained under ACt 2004, section 17 and my stay depends on the conclusion of my application. It further says if I wish to leave the uk contact voluntary departure etc or wait for the application to be decided.

CheGuevara
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Re: PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by CheGuevara » Mon Apr 25, 2016 1:22 pm

Thanks for your reply but that link is kinda vague and it is an out of country application



ohara wrote:You can request your passport back as long as it has been at least 10 working days since the Home Office received your application.

https://www.gov.uk/visa-documents-returned

In the question where it asks Do you want to withdraw the application? make sure you choose NO.

State in the information box that you need your passport urgently to travel. I did this and my passport arrived in 4 working days.

member
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Re: PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by member » Mon Apr 25, 2016 1:58 pm

CheGuevara wrote:Hello,

please i need some urgent answers, can one withdraw one's passport whilst keeping the application active ( i applied for an EEA family permit) but i need my passport back for something really urgent but i do not want to withdraw my EEA family permit application.

Thank you
Where did you apply for the EEA FP?

nel974
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Re: PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by nel974 » Mon Apr 25, 2016 7:29 pm

Hi friends,
Me and my wife applied for PR on 29th January, we asked for our passports and received only one EU passport. Mine did not arrive but received a letter saying I have no permission to stay and I am liable to removal.
It also says I have to wait for decision on my application which is not yet made.
Does it mean my application is rejected or has less chances of success?
Earlier on 5th of March, I received COA with permission to work and right to appeal in case of rejection. Please elaborate what is going on any one has this sort of experience?
Best regards

Richard W
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Re: PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by Richard W » Mon Apr 25, 2016 7:57 pm

nel974 wrote:Mine did not arrive but received a letter saying I have no permission to stay and I am liable to removal.
It also says I have to wait for decision on my application which is not yet made.
Does it mean my application is rejected or has less chances of success?
On what sort of visa or similar did the non-EEA spouse arrive in the UK? If the arrival was by a non-EEA route, I would say that the threatening letter to him were normal nowadays. Such a letter may precede the arrival of a RC, though I haven't noticed one precede a PRC. The bit about having to wait for a decision I have not heard of; perhaps they have improved the threatening letter. All you learn from the letter is that your right to be in the UK depends on the EEA Regulations (which you will have known already) and that no decision has been made on your EEA application. It says nothing about the application's probability of success.

nel974
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Re: PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by nel974 » Mon Apr 25, 2016 8:26 pm

Richard W wrote:
nel974 wrote:Mine did not arrive but received a letter saying I have no permission to stay and I am liable to removal.
Such a letter may precede the arrival of a RC, though I haven't noticed one precede a PRC. The bit about having to wait for a decision I have not heard of; perhaps they have improved the threatening letter. All you learn from the letter is that your right to be in the UK depends on the EEA Regulations (which you will have known already) and that no decision has been made on your EEA application. It says nothing about the application's probability of success.
thanks for your reply, non eu arrived on a student visa and then was on EU resident card for 5 years, current application is for PR.
What is PRC ? please Such a letter may precede the arrival of a RC, though I haven't noticed one precede a PRC.

Richard W
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Re: PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by Richard W » Mon Apr 25, 2016 9:45 pm

RC = Residence Card
PRC = Permanent Residence Card

I speculate that there has been an automatic check of your passport against records of immigration under the Immigration Rules, and you have simply been flagged up as an overstayer. Of course, if your PR application is refused, you may yet qualify for a residence card. Unfortunately, the HO doesn't issue an RC automatically in such cases.

The cases where I have seen a pattern are for RC applications. I haven't seen enough examples to make sound comments on PRC applications, so I can only go on RC applications.

CheGuevara
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Re: PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by CheGuevara » Mon Apr 25, 2016 10:22 pm

Mexico

member wrote:
CheGuevara wrote:Hello,

please i need some urgent answers, can one withdraw one's passport whilst keeping the application active ( i applied for an EEA family permit) but i need my passport back for something really urgent but i do not want to withdraw my EEA family permit application.

Thank you
Where did you apply for the EEA FP?

nel974
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Re: PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by nel974 » Mon Apr 25, 2016 10:28 pm

Richard W wrote:RC = Residence Card
PRC = Permanent Residence Card

I speculate that there has been an automatic check of your passport against records of immigration under the Immigration Rules, and you have simply been flagged up as an overstayer. Of course, if your PR application is refused, you may yet qualify for a residence card. Unfortunately, the HO doesn't issue an RC automatically in such cases.

The cases where I have seen a pattern are for RC applications. I haven't seen enough examples to make sound comments on PRC applications, so I can only go on RC applications.

Thanks for your reply I am 100 percent with you on the matter over stayer.I was on RC from 2009 to 2014 and I was suppose to apply for my PRC in 2014, but right before the application I had a very serious accident and couldn't do a thing.
I was paid fully by my employer as my accident was their fault, but then in November 2015 I got a letter from my employer to provide them right to work as HO asked them to stop employing me.
They got a chance to sack me despite my accident was their fault they used HO letter to sack me. We applied for PR and supplied them with COA but now they refused to employ me.
So yes I had loads to to take and HO put me as over stayer, we have provided all the medical records with our application.
I am still really sick and I don think I have strength to go through all that RC thing again, I may or may not appeal if they reject my application. As I said I was and am sick also disabled coz of this accident how could I apply.

Richard W
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Re: PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by Richard W » Tue Apr 26, 2016 8:00 am

nel974 wrote:Thanks for your reply I am 100 percent with you on the matter over stayer.I was on RC from 2009 to 2014 and I was suppose to apply for my PRC in 2014, but right before the application I had a very serious accident and couldn't do a thing.
For a direct family member, such as a spouse, an RC does not act like a visa in this respect. Your right to reside and to work derives from your sponsor's right to reside or work, not from your possession of a RC. (This only changes when marriages are terminated.) The practical answer will be that your sponsor should have done everything for you except possibly to sign. What does derive from an RC is being safe to employ without fear of fines for employing an illegal worker. In so far as the Home Office sees you as an overstayer, it is either because your student visa has expired (possibly some computer's view) or, and there may be some argument over terminology here, because the Home Office does not believe your wife is exercising her treaty rights. The latter would be a real issue; the former is primarily an irritant, and the retention of your passport may actually be unlawful.

nel974
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Re: PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by nel974 » Tue Apr 26, 2016 9:46 am

Richard W wrote: In so far as the Home Office sees you as an overstayer, it is either because your student visa has expired (possibly some computer's view) or, and there may be some argument over terminology here, because the Home Office does not believe your wife is exercising her treaty rights. The latter would be a real issue; the former is primarily an irritant, and the retention of your passport may actually be unlawful.
hi,
It seems like my employer himself inquired about my visa from home office, as I gave them my 5 years RC to secure my job with them. My RC was expired in 2014 ( after my accident).
Home office sent me letter on my previous address which I didn't receive as I had already left that place.Home office then put me as over stayer.
So far that's what I have figured out.

xerican
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Re: PASSPORT WITHDRAWAL WHILST KEEPING APPLICATION ACTIVE

Post by xerican » Tue Apr 26, 2016 10:20 am

To chime in here - I applied for a RC and am not an overstayer. I got the "we're not giving you your passport back, you have no valid reason to be here until we decide you do" letter as well. I got that about a month ago and haven't heard anything further despite lodging a complaint and requesting my passport back again. Luckily the US allows second passports, and I was able to get one quickly and easily to facilitate the necessary travel that I needed to do.

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