CAN I STILL CARRY ON WITH THE SAME APPLICATION? NEED a HELP!

[Godott]

Can anyone suggest what might be the reason for delaying in getting my passport back to me , and what further measures are convenient to be taken in order for Case Worker to finally realize that it is an urgent metter.
( My current passport, held by H O, has expired during the application process so I requested my current - expired one to be returned to me so I can provide them ( HO) with a new one, which is already there in my embassy but my consul cannot release it if i dont give them ( to my embassy ) the old one in order to be cancelled)

Any suggestion would be appreciated!

Thanks[/b]

[Jambo]

The HO is usually quite good in returning the passports when asked.
Did you try to phone them and ask for the status?
Did you provide them with a pre-paid envelope for the return of your documents? If not, it will go 2nd class and might take a few more days for the post to arrive.

[Godott]

The HO is usually quite good in returning the passports when asked.
Did you try to phone them and ask for the status?
Did you provide them with a pre-paid envelope for the return of your documents? If not, it will go 2nd class and might take a few more days for the post to arrive.

Hi, Thanks for the response.
I did phone them on 9th JUN and today to check if they dispatched passport but they saied that they did not, so I did requested for the second time today.
I have my representative, so he sent them request by letter before 9th of JUne, but Home Office said they dont count that time when my lawyer requested but only when i called them personally on the 9th JUN.
I guess the laywer provided H O with adequate envelope, attached to my whole application.

Today, when i talked to someone from H O regarding my passport return, they gave me some Fax number, and said to m that I need to send off a document via fax to H O so they can see it is urgent. However, I told the lady that my lawyer already attached with my application the letter of my Consul, stating the reason why my embassy needs that expired passport held by HO, so t she ( the H O woman i talked today) said that it is OK then, and she stated in a new request, she made today for me, the Grounds of my request of return of document.
She said I should now only wait. But for how long?
Once you request document u need to wait 10 Working days so you can track down if they sent it off to you or not.. I mean 10 days by 10.. I will loose month after month.. No? Funny...

I just hope the people working on my case are just.
Shall I let the Customer service ( H O) know about this issue??
I have to wake them up somehow... I really cannot see what was the problem sending me my passport back as I dont ask it for the travel purpose , i would only switch it with a new one and send the new one back to them again shortly .

One more Wuestion please..
My Application went into process on 11 th APR2011, it will be now 3 months since then.. DO I have the right to ask about the progress of my application or it is yet too early?

Many thanks.

[Jambo]

From the HO website: (scroll down and click on "How can you get your passport back from the UK Border Agency if you need to travel?")

When you submit your passport in support of your application, we generally advise that you should not make any travel plans until we have returned your passport. However, there may be circumstances when you need to request your passport back.
Non-urgent travel

If your expected date of travel is more than 10 days in the future, you must email your request to LiverpoolEuro.PassportReturns@UKBA.gsi.gov.uk. Please provide details of your travel plans and your Home Office reference if possible.

We will try to return your travel documents no more than 10 working days after you tell us about your need to travel.

If you enclosed a pre-paid, self-addressed Royal Mail Special Delivery (or Recorded Signed For delivery) envelope with your application, we will use the pre-paid envelope to return your passport securely.

If you did not enclose a pre-paid envelope, we will return your documents by Recorded Delivery if we received and acknowledged your application before 17 January 2011, or by Royal Mail 2nd class post.

Always better to email (or phone), as this email is dedicated for the return of passports. Sending letter would just slow things. It usually takes 10-15 working days including the postage time.

DO I have the right to ask about the progress of my application or it is yet too early?

You have the right to ask. They don't necessary be helpful and provide an answer (before six months, they don't need to provide an answer) but if you ask, 4 out of 5 times they will tell you the status (and if not, wait a few minutes and try again).

[Godott]

[/quote]
You have the right to ask. They don't necessary be helpful and provide an answer (before six months, they don't need to provide an answer) but if you ask, 4 out of 5 times they will tell you the status (and if not, wait a few minutes and try again).[/quote]

hihih Good advice ! :p ( You are right)

Thank you once again for the adequate email that you provided to me above.

[Godott]

Hello again.

I have received just today the mail with my passport.

ONE QUESTION TO YOU GUYS:
'' Do I have to send back now both, expired and renewed / new passport to Home Office to support my application until the decision is made? ''

As related to my previous story, my passport ( now old one) has expired during the eea2 application, so i asked for it back so to collect my NEW one wich was already in the embassy , and now I am wondering shall I send it both back to H O..

I would appreciate a lot if someone could be able to answer this as I am sending it back to H O next week.

Many Thanks.

[Godott]

Also, I am in dilema about what is correct and what is not. My solicitor said that if I take back from Home Office my now expired passport and provide them with a new one, it will n o t affect my application?

I have read somewhere in this forum that if you take back your expired passport ( wich expired during the application) and provide H O with a new one , they count it as a new application so you have to re-apply? I asked my laywer and he said that is not correct. I would only like to double-check with you. Please, I woud be grateful for the any suggestions!

x

[Jambo]

What did they write to you in the letter attached to the returned passport?
In general, when the UKBA return a passport, they ask not to send it back to them until requested by them again (usually when they are ready to make a decision) but it might be different for expired passports.

I suggest you just call them and ask what to do.

[Godott]

What did they write to you in the letter attached to the returned passport?
In general, when the UKBA return a passport, they ask not to send it back to them until requested by them again (usually when they are ready to make a decision) but it might be different for expired passports.

I suggest you just call them and ask what to do.

Thank you for the reply.
In my letter there is only one sentence: '' Dear xxx, Please find your passport attached. ''

And on the bottome of the sheet says '' Encs: 1x Passport No. xxxx

Any clue what that might mean ?

Does it mean they will issue RC on the A4 document in any case?

x

[Jambo]

Does it mean they will issue RC on the A4 document in any case?

No. More likely that they will want to see a valid passport before but you never know.

Just call them and ask.

[Godott]

Does it mean they will issue RC on the A4 document in any case?

No. More likely that they will want to see a valid passport before but you never know.

Just call them and ask.

I will call them, thanks for the advise, But tell me please, do you think becasue of the new passport now, they will ask me to re-apply again for eea2 with that new passport or I will just move on with the same application and support existing application with a new/valid passport?

x

[Jambo]

Don't know. I would have thought they will just ask for a valid passport to be sent to them once they can make a decision.

This is what the ECI say:

5.1.10 No evidence of non-EEA national’s identity
Under Regulation 17 (1) (a) of the 2006 Regulations we are only required to issue a Residence Card to those non-EEA family members who produce a valid passport.
Where an applicant produces a marriage certificate, but does not produce any evidence of their identity, we cannot be satisfied that they are the person to whom the marriage certificate relates. We cannot, therefore, be satisfied that they are the person who actually married the EEA national. In such cases, the application for a residence card should be refused. There would be no right of appeal under the Regulations in cases where no evidence of identity is produced.
Applications should be refused by letter without a right of appeal.
Applicants producing insufficient evidence of identity
Where an applicant produces a marriage certificate, but produces insufficient evidence of identity, for instance, they may produce a birth certificate, an identity card with no photo or forged documents, we cannot be satisfied that they are the person to whom the marriage certificate relates. In such cases, we should initially write to the applicant requesting conclusive evidence as to their identity (i.e. a passport, or Home Office ID i.e. ARC card) or another form of conclusive evidence (see section below). If they fail to produce further evidence, then we would refuse the application. The applicant would have a right of appeal under Regulation 26 (3) (b) of the 2006 Regulations.

[Godott]

Don't know. I would have thought they will just ask for a valid passport to be sent to them once they can make a decision.

This is what the ECI say:

5.1.10 No evidence of non-EEA national’s identity
Under Regulation 17 (1) (a) of the 2006 Regulations we are only required to issue a Residence Card to those non-EEA family members who produce a valid passport.
Where an applicant produces a marriage certificate, but does not produce any evidence of their identity, we cannot be satisfied that they are the person to whom the marriage certificate relates. We cannot, therefore, be satisfied that they are the person who actually married the EEA national. In such cases, the application for a residence card should be refused. There would be no right of appeal under the Regulations in cases where no evidence of identity is produced.
Applications should be refused by letter without a right of appeal.
Applicants producing insufficient evidence of identity
Where an applicant produces a marriage certificate, but produces insufficient evidence of identity, for instance, they may produce a birth certificate, an identity card with no photo or forged documents, we cannot be satisfied that they are the person to whom the marriage certificate relates. In such cases, we should initially write to the applicant requesting conclusive evidence as to their identity (i.e. a passport, or Home Office ID i.e. ARC card) or another form of conclusive evidence (see section below). If they fail to produce further evidence, then we would refuse the application. The applicant would have a right of appeal under Regulation 26 (3) (b) of the 2006 Regulations.

My passport was valid when I lodged the application, but yes .. hopefully, they want my new one without forcing me to re-apply a new application.
I read on their site that if applicant's passport expired in a meantime while in their possesion, they will issue RC on the A4 format. That is why i rushed to renew passport , so they can stick vignette in it.. All i am worried if they will accept my new passp. as a support to my ongoing application.

Thank you Jambo once again for all your replies.

[Godott]

To Directive/2004/38/E :

I employed a solicitor as it seems sort of more professional having a representative for any of the possible application. And if anything comes up as an obsticle , which I hope it wont , he will act on our behalf ( my husband's and mine).
He costs us £600, 300 upfront and the rest £300 when the case is closed. Not bad.