Passport return requests: correct way and chance of success

[thommot]

There seems to be a lot of conflicting information, on these forums and elsewhere on the internet, whether it is even possible, and how, to get the passport returned for EEA2 applications. I would be grateful for an up-to-date clarification on the following points.

• Will the Home Office return the passport of the non-EU citizen, or only the EU citizen?
• What is the current correct / more successful method? Should one use the form at https://eforms.homeoffice.gov.uk/outrea ... ments.ofml, or the email LiverpoolEuro.PassportReturns@UKBA.gsi.gov.uk ?
• How likely is the passport return request to be successful? Does it need to be an emergency?

After two attempts and the typical "marriage of convenience" diatribe, we finally have the EEA1 Family Permit for my wife. She travels a lot for work, for various international contractors, so it is difficult to find 6 months without travel, for the sub-standard processing times of the EEA2 residency card. She has been trying to keep the autumn clear from work travel, so we should be able to submit the application in September—if it is still available (see https://fullfact.org/europe/explaining- ... ce-rights/). However, we definitely do not want to stay on this sad island for Christmas, so need the passport back for the holidays. So we have basically 2.5 months from submission to get it back. Do you think this is possible?

[alex1128]

Will the Home Office return the passport of the non-EU citizen, or only the EU citizen?
The HO can return the EU passport with no issues.
The HO will return the non-EEA passport only if it still has a valid visa on it which didn't expire yet.

What is the current correct / more successful method? Should one use the form at https://eforms.homeoffice.gov.uk/outrea ... ments.ofml, or the email LiverpoolEuro.PassportReturns@UKBA.gsi.gov.uk ?
Use the online form.

How likely is the passport return request to be successful? Does it need to be an emergency
The answer is above.

[noajthan]

There seems to be a lot of conflicting information, on these forums and elsewhere on the internet, whether it is even possible, and how, to get the passport returned for EEA2 applications. I would be grateful for an up-to-date clarification on the following points.

... so it is difficult to find 6 months without travel, for the sub-standard processing times of the EEA2 residency card.

...

However, we definitely do not want to stay on this sad island for Christmas, so need the passport back for the holidays. So we have basically 2.5 months from submission to get it back. Do you think this is possible?

Community law obliges Member States to grant family members a residence card as soon as possible and in any event no later than six months from the date of application. So 6 months processing time would be in line with the Directive and not sub-standard.

In any case many members have reported receiving their passport back within days of their request.
On occasion, as quickly as in four days.

The island is not sad, it is the Queen's birthday and I even saw a glint of sunshine the other day.

[thommot]

The HO will return the non-EEA passport only if it still has a valid visa on it which didn't expire yet.

Thanks for your answers. Our FP will expire in early November, so if we don't get the COA by then, they will not return the passport? But if we do get the COA quickly, then they should return it? Or do the require the FP to have enough validity to return to the UK?

[thommot]

Community law obliges Member States to grant family members a residence card as soon as possible and in any event no later than six months from the date of application. So 6 months processing time would be in line with the Directive and not sub-standard.

The directive as well is sub-standard, 6 months is a ridiculously long time to be in a passport limbo, and basically expected not to travel. It's as if they're expecting only low-grade immigration, people who mostly stay in one place, don't travel for work, and go at most once a year to the Canary islands to escape the British lack of summer.

Fortunately I recently got the European ID card so can just use submit that for applications keeping my passport. But wife is not as lucky and travels more than I do.

[noajthan]

The directive as well is sub-standard, 6 months is a ridiculously long time to be in a passport limbo, and basically expected not to travel. It's as if they're expecting only low-grade immigration, people who mostly stay in one place, don't travel for work, and go at most once a year to the Canary islands to escape the British lack of summer.

Fortunately I recently got the European ID card so can just use submit that for applications keeping my passport. But wife is not as lucky and travels more than I do.

That's really a question for M. Jonckers or whoever then.
However not sure how that would go down; non-EEA citizens can hardly take for granted EU privileges which they gain vicariously from their Union citizen sponsor.

I cannot comment on the demographics of citizens enjoying the freedom of free movement.

I do know it would be a lot more inconvenient and tiresome if one required a visa to travel anywhere and every time (as I do, as a mere Brit, frequently doing business in far-flung places outside the EU comfort zone).

And the UK permits return of passport so its no biggie really. Just get your ducks in a row and apply as early as possible.

[alex1128]

The HO will return the non-EEA passport only if it still has a valid visa on it which didn't expire yet.

Thanks for your answers. Our FP will expire in early November, so if we don't get the COA by then, they will not return the passport? But if we do get the COA quickly, then they should return it? Or do the require the FP to have enough validity to return to the UK?

I am afraid if the FP is expired they will not retunr the Non-EEA passport as it does not have a valid visa on it !