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Passport Held after EEA2 Rejected - Legal?

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

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ruthie
Junior Member
Posts: 96
Joined: Fri Apr 14, 2006 3:18 am

Passport Held after EEA2 Rejected - Legal?

Post by ruthie » Thu Oct 13, 2011 4:56 pm

Hi Gurus,

Have been reading this section for quite some time and I think you guys are indeed informative and helpful. This is actually a case of my friend. Just out of curiosity, I would like to see any sensible next step for him in this case cos this might well be happening to anyone who wants to take the EEA route.

My friend is holding a French passport and now working in UK. His mother is non-EU and holding a long term visit visa and currently in UK with him. So he applied for EEA2 for his mother earlier this year but was rejected for two reasons as stated in the refusal letter,

1.She is not on a family permit currently and can't take EEA route.(which as I understand is not applicable according to the caselaw?)

2.No proof of dependency is provided.(he is ready to provide more evidence in this category)

My friend wants to file another application for his mother but what is odd is that UKBA holds her passport and would not return except they show them the returning flight ticket.

He is now planning to send his mother back and apply for family permit from her home country.

So my questions is, is this legal to hold her passport like that? Is there still anyway they can file the EEA2 reapplication directly from UK?

Thanks in advance. It might be worth knowing that last time when his mother entered Heathrow, she was warned by border officer that she has been staying in UK for too long (more than 6 month totally within 12 months).

.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Thu Oct 13, 2011 5:14 pm

I believe you friend's mother should appeal this decision. The refusal is clearly unjustified. There is no requirement for one to Hold a family permit before a residence card should be issued. It will suffice if the mother show dependency in the UK.

The retention of the passport seems illegal aswell .She has a valid live to enter and remain does she not? Then provided that leave is valid, they should not withhold it.
Smooth seas do not make skilful sailors

ruthie
Junior Member
Posts: 96
Joined: Fri Apr 14, 2006 3:18 am

Post by ruthie » Thu Oct 13, 2011 5:33 pm

Obie wrote:I believe you friend's mother should appeal this decision. The refusal is clearly unjustified. There is no requirement for one to Hold a family permit before a residence card should be issued. It will suffice if the mother show dependency in the UK.

The retention of the passport seems illegal aswell .She has a valid live to enter and remain does she not? Then provided that leave is valid, they should not withhold it.
Thanks Obie. Unfortunately the deadline has been passed for an appeal and seems that's no longer an option.

Yes his mother holds a valid visit visa but according to the immigration rule, she might have stayed in UK for too long....only has been away from UK for like couple of months within the last 12 months.(breaks the 6 months rule in place)

From my limited knowledge, to reapply from UK seems to be the best option, however they can't go with this without the passport. Not sure if anyone stuck in such a situation before?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Oct 13, 2011 7:51 pm

Can you say more about one what basis the application was made?

Was it because your mother is dependent on you?

See http://eumovement.wordpress.com/2008/04 ... ly-member/
and
http://eumovement.wordpress.com/2008/04 ... ficiaries/

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Oct 14, 2011 1:55 am

The retention of her passport does not preclude her from making further applications. She would only need to provide a cover note, stating her passport is with the Home Office, and provide a copy if available, of the passport they withheld.

It will also be helpful if you could answer the question from Directive above.
Smooth seas do not make skilful sailors

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