Surrender Singh route when UKBA hold non-EU passport

I am a british citizen, and my non-EU spouse (married & same sex) have been together for over 2 years, and living together for over 1 year, and it will be almost 1 year since we married. We love eachother very much and really want to be together.

He was on student visa but his college was provoked and he had not applied for another college, when we applied for the visa UKBA replied that his leave was curtailed and he is therefore in the UK illegally and must leave! Also, they said that his passport has been retained by the homeoffice.

We then went to a solicitor who told us not to leave, and to reapply, and then if they refuse (which they do) we would have a right to appeal. If no right to appeal is granted then a removal decision could be made which would then generate a right to appeal.

It has been 1 year since, and we have not heard anything. I am working and having to pay for everything as he cannot work. We want to save some money to get our own place, eat proper food, but unfortunately have to struggle every month.

I get paid more than the 18600 minimum, however still struggle.

I would like to take the surrender singh route, I can speak french fluent and would love to go to france. Because his passport is held by homeoffice how can he travel to france? If he is told to leave UK does that give him a bar? Would that stop him being able to come to france?

Any advice would be appreciated

Thanks