I called the HO today and adviser told me that they won't accept any certificates from the embassy of my country and that the only solution is to go home and change the passport there.
I faced some situations when the HO advisors who repond the email inquires where totally not aware even of basic things, for example when I asked if EEA2 Residence Card is really a card or it is an endorsement, they sent me a quote from their website stating something like: "non-EEA national family members are issued a residence CARD", intentionally making the word "card" uppercase, hinting on what a stupid I am that asking such questions. But I've heard several times from people that it is NOT A CARD really, so I replied back asking if they were sure if it was really a card which is not issued into passport. Another adviser responded confirming that it is a separate card. After that I found on ukba website and even in the EEA2 application form that "A residence card is normally valid for five years, and takes the form of an endorsement that is placed in the holder's passport".
So I came to conclusion that those advisors who are replying emails are not competent enough. Therefore I can assume that advisors who are on the phone could be of the same level of competence and decided to check the laws myself, finding the following:
Passport and Travel Documents:
9. RESTRICTED RETURNABILITY
Certain countries apply restrictions on the length of time which may be spent
abroad by their own nationals and resident holders of non-national
documents. However, the practice of strictly applying the concept of
"restricted returnability" to limit the period of entry granted to those affected by
this consideration has eased in recent years. Caseworkers and immigration
officers should, however, consider a time-restricted grant of leave to enter
where appropriate.
...
9.2. After-entry
Leave to remain may normally be granted beyond passport validity, but no
more than one period should be granted on a passport which is already out of
date. When leave to remain is granted on a passport which is already out of
date and the applicant is likely to require further leave to remain before
becoming eligible for settlement, note 6 should be issued to the applicant,
stating that no further extensions will be granted in the out-of-date passport.
There is, however, no objection to placing an endorsement of indefinite leave
to remain in an expired passport.
Leave to remain in respect of holders of non-national travel documents of any
description should not go beyond two months before the expiry of the
document or any exit visa endorsed within it. Where necessary, applicants
should be advised to obtain an extension to the validity of the document if a
further extension of stay is to be sought.
If an applicant fails to secure renewal of the passport or exit visa, a further
application should be refused in accordance with Paragraph 322(8) of HC 395
(see Chapter 9, Section 4 to these instructions).
I am not sure yet if I've got the thing which they call "restricted returnability". In our country each citizen who wants to leave country needs to apply to our Home office to get an exit visa granted for 2 years. I've got such 'exit visa' in my passport, it is written on it "is valid for visiting all countries in the world until 12.03.2011".
Can I apply again, referring to the above mentioned sections?
Thanks beforehand.
