EEA (FM) request passport and travel abroad for three months

[da_tnt]

Hi,

I have two questions. I have applied for a EEA (FM) residence card back in December. I enrolled my biometrics and received my COA.

I have requested my passport back through the return of documents page before Christmas and still haven't received anything. I have also sent another request after 10 working days to say that I still haven't got my documents back.

I have two questions:

1) Is there a way to contact the HO to request my passports back urgently. I need to travel within 2 weeks.

2) Is it an issue for the process of my application if I leave the country for 3 months? I will still have a EEA FP to come back but I have a sick relative abroad that I need to stay with.

Thanks.

[noajthan]

2) No issue.
Come back within 6 months.

[da_tnt]

Thank you for your reply.

Is 6 months the maximum period allowed (that suits me).

I have applied for the EEA FM on 12/12/16 so hopefully should get my RC around 12/06/17. My current EEA FP via expires on 04/04/2017.

So worst case scenario, if I travel now, can I come back say in 6 months time in July using my Residence Card as a Visa at the airport? (this is assuming i have received it and my EEA sponsor travels abroad to give it to me)?

[noajthan]

Thank you for your reply.

Is 6 months the maximum period allowed (that suits me).

I have applied for the EEA FM on 12/12/16 so hopefully should get my RC around 12/06/17. My current EEA FP via expires on 04/04/2017.

So worst case scenario, if I travel now, can I come back say in 6 months time in July using my Residence Card as a Visa at the airport? (this is assuming i have received it and my EEA sponsor travels abroad to give it to me)?

A one-off absence of up to one year for exceptional reasons is also permitted. Supporting evidence required.
Its unclear if that would apply in this case.

You can return alone to join your sponsor in UK (if they courier RC to you).

[da_tnt]

Thanks - that's great.

I have just been on the phone with the European Enquiries help line asking for an update on my passport return request.

Initially Reuqested 14/12
Reminder Sent 30/12
Apparently I can't talk to them unless the 10 working days from the reminder has reached and that is tomorrow......

[da_tnt]

I have just received a letter from the Home Office saying they have refused to send the passport back as under section 17 of the asylum and immigration act, they may retain the passport whilst the application is under consideration or where a person is liable to removal, on the basis that they have failed to provide evidence that they have no valid leave to remain in the uk under the immigration rules.

I currently have a Family Permit Visa valid untill April 2017 - surely this constitutes a valid leave to remain in the UK.

How can I challenge this and request my passport back?

[da_tnt]

I have just received a letter from the Home Office saying they have refused to send the passport back as under section 17 of the asylum and immigration act, they may retain the passport whilst the application is under consideration or where a person is liable to removal, on the basis that they have failed to provide evidence that they have no valid leave to remain in the uk under the immigration rules.

I currently have a Family Permit Visa valid untill April 2017 - surely this constitutes a valid leave to remain in the UK.

How can I challenge this and request my passport back?

Any advice on how to request my passport back?

[noajthan]

I have just received a letter from the Home Office saying they have refused to send the passport back as under section 17 of the asylum and immigration act, they may retain the passport whilst the application is under consideration or where a person is liable to removal, on the basis that they have failed to provide evidence that they have no valid leave to remain in the uk under the immigration rules.

I currently have a Family Permit Visa valid untill April 2017 - surely this constitutes a valid leave to remain in the UK.

How can I challenge this and request my passport back?

Good to know UKVI is currently operating within (or at) published 10 day timeline for decisions on document return.

A FP is issued under auspices of EEA Regulations not as a visa granting leave to remain under domestic UK Immigration Regulations.
So it seems caseworker has taken the view that you don't have 'leave to remain'.

Did you mention you have a valid FP in the request?

[da_tnt]

I didn't mention I have FP in my request however it is in my original application.

I have put in a new request to return documents on Monday but didn't mention FP again.

Shall I put a new request and mention FP? Will it not upset them to have multiple request put in? I hope this won't affect the decision on the application.

[noajthan]

I didn't mention I have FP in my request however it is in my original application.

I have put in a new request to return documents on Monday but didn't mention FP again.

Shall I put a new request and mention FP? Will it not upset them to have multiple request put in? I hope this won't affect the decision on the application.

I don't know how many requests you can file.

But be aware HO is not a one man band and different teams and/or agencies/subcontractors are probably involved.
So someone processing such a request is not necessarily going to be familiar with all of your case nor realise you have a FP;
they may not even have authority to check your case.
Suggest you respond to the letter you have received and explain your position.

[da_tnt]

thank you for your reply.

It actually worked - i sent a letter to the person who refused to hand my passport back with a copy of my family permit and I received my passports back.

Thanks.

[noajthan]

thank you for your reply.

It actually worked - i sent a letter to the person who refused to hand my passport back with a copy of my family permit and I received my passports back.

Thanks.

Common sense prevails.
Bon voyage!

[da_tnt]

Hi,

I have a question regarding travel to Schengen Area with an EEA FP (no schengen visa).

My father in law has a valid EEA FP and he has applied for the EEA FM Residence card, received certificate of application and all. We requested the passports back and we received them.

I know that travelling to the schengen area with a 5 year eea residence card is ok if the EEA sponsor travels with him.

However my question is, I want to visit some friends and relatives in France/Germany this weekend by car and I was thinking to take him with me. Will he be allowed in with a Family permit if his EEA sponsor is with him and all documentation proofing the relationship?

Thanks.

[noajthan]

Hi,

I have a question regarding travel to Schengen Area with an EEA FP (no schengen visa).

My father in law has a valid EEA FP and he has applied for the EEA FM Residence card, received certificate of application and all. We requested the passports back and we received them.

I know that travelling to the schengen area with a 5 year eea residence card is ok if the EEA sponsor travels with him.

However my question is, I want to visit some friends and relatives in France/Germany this weekend by car and I was thinking to take him with me. Will he be allowed in with a Family permit if his EEA sponsor is with him and all documentation proofing the relationship?

Thanks.

Possible - on basis of sponsor and appropriate documentation:
https://eumovement.wordpress.com/2010/0 ... to-travel/
If FIL is a dependent parent then proof of dependency will be required.

But a FP is a UK domestic document not a recognised EU document.

Otherwise, to play safe and avoid delays, stress and questions, FIL will need a Schengen visa or an Article 10 RC.

[da_tnt]

Thank you for your reply.

It is too late to apply for Schengen as we are travelling tomorrow.

I will risk it - i have taken birth certificate and proof of address/relationship and some more documents including his COA and the FP.

Problem is when I checked the website attached, it says in item 2:
2. European free movement rules apply when traveling to an EU country different than the citizenship of the EU family member. e.g. If the EU family member has French citizenship, then the rules apply for entry into all EU countries other than France. These rules only apply for travel back to the EU “home country” when the EU family member has recently been working in another EU member state. e.g. The rules apply for the French worker living in the UK who wishes to enter France with their non-EU family members.

As I am a french worker living in the UK - travelling back to France with my FIL is technically accepted. Travelling further to Germany with my FIL might not?

[noajthan]

Thank you for your reply.

It is too late to apply for Schengen as we are travelling tomorrow.

I will risk it - i have taken birth certificate and proof of address/relationship and some more documents including his COA and the FP.

Problem is when I checked the website attached, it says in item 2:
2. European free movement rules apply when traveling to an EU country different than the citizenship of the EU family member. e.g. If the EU family member has French citizenship, then the rules apply for entry into all EU countries other than France. These rules only apply for travel back to the EU “home country” when the EU family member has recently been working in another EU member state. e.g. The rules apply for the French worker living in the UK who wishes to enter France with their non-EU family members.

As I am a french worker living in the UK - travelling back to France with my FIL is technically accepted. Travelling further to Germany with my FIL might not?

Going back to France (despite you being French) may work as you have been exercising treaty rights in UK.

Going to Germany should work anyway as its not your home country, its another memberstate.
That's the elegance and beauty of free movement.
But whether you can pull it off without any EU Article 10 RC will add a certain frisson to the whole trip.

Don't forget proof of dependency on sponsor as well as of relationship.
Good luck.

[da_tnt]

Thank you.

Is there anything else than the website you sent that i can print and take with me in case they are stubborn (it will be 00:22 when I leave Folkestone).

THanks.

[noajthan]

Thank you.

Is there anything else than the website you sent that i can print and take with me in case they are stubborn (it will be 00:22 when I leave Folkestone).

THanks.

Naturally UK EEA Regulations won't cut much ice with officials in France or Germany.

You could take details of any equivalent domestic law as it applies to France/Germany.
Not sure where you find that.

You could take Directive 2004/38/EC, maybe you can find local language versions here somewhere:
http://ec.europa.eu/social/main.jsp?catId=474&langId=en

And then there's our friend the Schengen Border Guards Operations Manual:
http://register.consilium.europa.eu/doc ... 006%20INIT