Experiences on Requesting Passports back from UKBA (EEA2)

[rodrigot]

Hi everybody

I'm an italian citizen and I've moved to the UK with my chilean wife. We applied to the RC with the EEA2 form and have already received the CoA with work. After that we request our passports back and today I received a letter from the Home Office refusing to send our passport giving the following reason:

"You currently have no leave to remain and your passport has been retained pending consideration of your application".

My wife has a valid Family Permit until March 2017, so I think she does have leave to remain. Have anyone received the same letter? I would appreciate if someone could give some advise.

[Obie]

Yes you need to make a challenge as the EEA family permit is indeed covered as lawful basis to be in the UK

[rodrigot]

Yes you need to make a challenge as the EEA family permit is indeed covered as lawful basis to be in the UK

Hi Obie

Thank you very much for your promt reply.

How can I make the challenge? I've been trying to contact them but is impossible.
I've decided to contact my MP in the meantime

[Obie]

Section 17 of the 2004 Act clearly does not apply, as she is in Possession of a Valid EEA family Permit.

Continued unlawful retention is tantamount to Conversion.

You will seek damages under the Torts (Interference with Goods) Act 1977.

[rodrigot]

Hi Obie

Thanks again for your help.

I understand that those will be my arguments, but how do I make the challenge? I have to send a letter to the HO, contact them by phone, email? Is there any regular procedure to challenge their desicition?

[mkhan2525]

It is very strange to read in numerous posts on this forum that HO are refusing to return passports in some cases involving EU nationals.

We recently applied for a Residence Card under the Surinder Singh route and HO returned our passports within 10 working days after putting in a request.

We did not apply for an FP in Ireland and wife used her Residence Card to return to the UK.