Return of passport

[confused90]

hello,

I had applied for ILR on the 17th of March, and have requested my passport on the 05th of May.

HO emailed me asking the reason, I explained that the bank needs it as an ID to open a new business account and I also need it for an exam I'm sitting for in 3 weeks.

I did not get a reply to my email, and hence called up my caseworker today asking about the return.

She checked that I have valid leave until 19th of June, and hence if I ask for my passport to be returned the application would be cancelled.

I specifically told her that I need it just for use as an ID, and I shall return it to them in the first week of June.... she spoke to her seniors and still refused, stating that I could cancel my application and take back my passport. They're only allowed to provide stamped copies of the passport and visa, but that isn't sufficient.

I then asked about the process of my application, she said it's in queue and still hasn't been looked at..... It's been 2 months exactly, and they still haven't managed to look into it

Is there any way I could get my passport back for 3 weeks? It is only for ID purposes.

[CR001]

No, there isn't. You should have applied in person then if you thought you might need your passport.

[confused90]

No, there isn't. You should have applied in person then if you thought you might need your passport.

I had applied using the postal method, because the PEO method wasn't available to Entrepreneur visa holders.

The Home office return of documents page states that passport can be returned for identification purposes without withdrawing application.

Should I email the caseworker attaching the screenshot?

http://s32.postimg.org/w85yj9qrp/Screen ... _45_58.png

[sagan]

I also require my passport for identification purposes. I spoke to the HO and they confirmed that a passport can be returned within 10 working days for ID purposes, the case worker will then request the passport back when necessary. You can find the website to request return by searching the gov.uk website for "Passport Return" I am likely to request my passport back today.
The passport cannot be used for travel else application will be voided.
I am awaiting my ILR from 20 January.

[vinny]

That appears to be correct. Your application shall be treated as withdrawn if you request your passport back for the purpose of travel outside the common travel area.

Make it clear, in writing, that you are not withdrawing your application. That you are not requesting your passport for the purpose of travel. Keep evidence of this, perhaps a screenshot?, to prevent any future misunderstandings.

[confused90]

They are REFUSING to provide me with my passport for ID purposes!!

They say they can't return the passport if the case is live, without withdrawing the application.

Please help!!

[vinny]

They appear to have misunderstood the Immigration rules and caseworkers' instructions (page 99).

Where a person whose application or claim for leave to remain is being considered requests the return of his passport for the purpose of travel outside the common travel area, the application for leave shall, provided it has not already been determined, be treated as withdrawn on the date that request is received by the Home Office.

You must not treat an application as withdrawn if the person:
 ...
 requests the return of their passport for purposes other than travel (or for travel within the CTA) – for example to open a bank account, take the Life in the UK Test or apply for an identity document not related to travelling outside the CTA

[confused90]

They appear to have misunderstood the Immigration rules and caseworkers' instructions (page 99).

Where a person whose application or claim for leave to remain is being considered requests the return of his passport for the purpose of travel outside the common travel area, the application for leave shall, provided it has not already been determined, be treated as withdrawn on the date that request is received by the Home Office.

You must not treat an application as withdrawn if the person:
 ...
 requests the return of their passport for purposes other than travel (or for travel within the CTA) – for example to open a bank account, take the Life in the UK Test or apply for an identity document not related to travelling outside the CTA

I have specifically emailed the caseworker screenshots of the ROD form which says a passport can be asked back for ID purposes, in my scenario opening a bank account.

She said she has spoken to her seniors, and they can't return the passport since the case is 'live'..... She also said they haven't managed to look at my application in 2 months! I've been told to wait till the 23rd of September

[vinny]

Ask them which rules and instructions make them think this?
Refer them to the correct rules and instructions.

[confused90]

Thanks for your help, Vinny.

I shall ring my caseworker again tomorrow... don't want to bombard her with my emails and calls throughout the day

[vinny]

Give them time to read their own instructions on pages 99-100.

It may be better to use email as well, as you would have a written record.

Or perhaps ask them for written confirmation, after they change their minds.

[confused90]

Thank you once again, Vinny.

I have emailed the caseworker linking her to the caseworker's instructions.

I'll probably ring her up and follow up tomorrow.

Shall keep you updated

[sagan]

Hey. I have just requested my passport returns on the website.
I would like to know though, how did you get the case worker information? Everytime I have phoned they are not very forthcoming at all.

[confused90]

Thank you very much, Vinny.

My caseworker read the guidance, and is sending back my passport today via recorded delivery.

I have been told to return my passport back before the expiry of the visa.

Much appreciated