Request passport while waiting for date of appeal hearing

[penny1012]

Hi everyone, I am confused as my passport expires on the 21st of May, can I ask for "return of document" to renew my passport because my solicitor told me ukba won't give my passport back until after my appeal is heard.

Thanks a lot.

[peppekalle]

They won't give you back your passport.They will hang on to your passport in case you loose your appeal so they can easily chuck you out.

Good luck with your appeal.

[penny1012]

Many thanks for your reply. I am thinking of withdrawing my appeal soon, I don't think I have a chance of winning the case. I will have to get travel document to go back to my country.

[peppekalle]

Why do you think you wont win your appeal?What is your solicitor saying?Even if you withdraw now they won't hand you your passport.The judge might rule in your favour.

If you tell them you are leaving the country they will ask you to meet them at the airport so they can hand over your passport.

Your passport is likely being held by the local enforcement team.

[penny1012]

Hi, Thanks again for your reply. I applied for Tier 1 entrepreneur and got refused because I didn't provide a trading contract. I still haven't got a trading contract, so I think the judge won't allow the appeal because I don't meet the essential requirements. My business is in health and social care and because of the cuts and changes in social services, I have been unable to get any contracts, I have the necessary qualifications and registration, also my mum, who is a British citizen is my business partner. My solicitor says my appeal will be allowed, but am not so sure. I was thinking to withdraw, go back to my home country and apply as a spouse after I get married to my boyfriend who is English. I have lived here for the past 9 years, just unlucky I suppose.

[peppekalle]

Your appeal might not be successful within the rules but it could be successful within article 8.Your solicitor would be able to advice you.

Going back and applying for a spouse visa is another option but if i were in your shoes i would go ahead with the appeal and raise article 8.Judges are still ignoring Mays interpretation of human rights and you could be successful.

[penny1012]

Thank you for your reply, I will have to speak to my boyfriend and solicitor to make a decision, your input has been very helpful. Have a nice day.