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November 2012: Applied for EEA2 for my husband and failed as UKBA couldnt see enough proof of self-employment. They retained my husband's non-EEA passport!

So we applied again with triple the amount of evidence to prove I am exercising my treaty rights. This was in July 2013.

Now as it turns out, we have just learnt that my husband is eligible for Italian passport effective November this year the same time our child is born and we apply for her Italian passport.

No RC yet from UKBA, and at the speed they are working, Italian passport is probably going to come sooner, HOWEVER Italian Embassy requires to see husband's original passport before they issue him or our child with Italian passport!!

UKBA has his original passport. How can I get back his passport when they keep saying blah blah that they have right to retain it when they didnt see enough proof (from first EEA2 application) of me exercising my treaty rights.
I think I have European Law on my side as if UKBA does not return my husband's passport it affects my child's freedom of movement (as she cannot get a passport issued until they see husband's passport)

Also really the EEA2 permit is not really valid when my husband is about to become an EEA national (if and when UKBA allow that by returning his original passport!)

Please can anyone advise what I can do or who I can direct an email to? Will mentioning that UKBA is preventing Freedom of Movement get them posting the passport back?
I cant believe they have had his passport for ten months already!!

Any advice is most appreciated.

[quote="GeriBean"]November 2012: Applied for EEA2 for my husband and failed as UKBA couldnt see enough proof of self-employment. They retained my husband's non-EEA passport!

So we applied again with triple the amount of evidence to prove I am exercising my treaty rights. This was in July 2013.

Now as it turns out, we have just learnt that my husband is eligible for Italian passport effective November this year the same time our child is born and we apply for her Italian passport.

No RC yet from UKBA, and at the speed they are working, Italian passport is probably going to come sooner, HOWEVER Italian Embassy requires to see husband's original passport before they issue him or our child with Italian passport!!

UKBA has his original passport. How can I get back his passport when they keep saying blah blah that they have right to retain it when they didnt see enough proof (from first EEA2 application) of me exercising my treaty rights.
I think I have European Law on my side as if UKBA does not return my husband's passport it affects my child's freedom of movement (as she cannot get a passport issued until they see husband's passport)


- solvit may help you

you should write the caseworker for the immediate return of passport by telling the actual reasons if possibly some writing from Italian authorities. You can also involve your local MP too to accelerate this process if necessary.

The caseworker from the original application (Nov 2012) has never replied to any of my emails...I am hoping the current caseworker (July 2013) is able to access husband's passport?

I will research who Solvit is too, maybe they can help.

I have thought of getting my local MP involved. It all seems like such a hassle...I still have high hopes that the RC and his passport arrives soon.
Part of me debates on waiting for them to get their butts in gear...the other part of me laughs at thoughts of relying on UKBA to be efficient!

It would seem the suggestions from all of you friendly people is that I dont rest any faith in UKBA and take matters into my own hands?

GeriBean wrote:November 2012: Applied for EEA2 for my husband and failed as UKBA couldnt see enough proof of self-employment. They retained my husband's non-EEA passport!

So we applied again with triple the amount of evidence to prove I am exercising my treaty rights. This was in July 2013.

Now as it turns out, we have just learnt that my husband is eligible for Italian passport effective November this year the same time our child is born and we apply for her Italian passport.

No RC yet from UKBA, and at the speed they are working, Italian passport is probably going to come sooner, HOWEVER Italian Embassy requires to see husband's original passport before they issue him or our child with Italian passport!!

UKBA has his original passport. How can I get back his passport when they keep saying blah blah that they have right to retain it when they didnt see enough proof (from first EEA2 application) of me exercising my treaty rights.
I think I have European Law on my side as if UKBA does not return my husband's passport it affects my child's freedom of movement (as she cannot get a passport issued until they see husband's passport)

Also really the EEA2 permit is not really valid when my husband is about to become an EEA national (if and when UKBA allow that by returning his original passport!)

Please can anyone advise what I can do or who I can direct an email to? Will mentioning that UKBA is preventing Freedom of Movement get them posting the passport back?
I cant believe they have had his passport for ten months already!!

Any advice is most appreciated.

You may find that you can apply for a new passport from your home country.

Did you make any appeals following the decisions against you?

UKBA will think that they should retain your passport as they believe you have no right to be in the UK and would return it on exit. Would that affect your Italian naturalisation?