Return of passport - Please help!

[coronita]

Hi all,

I am hoping someone with experience can give me some advice.

My husband (EEA national) and I (non-EEA) applied for EEA1 and EEA2 five months ago on the basis of my husband being a worker. We did not ask for any document back at any point as we did not foresee the need. We wanted to keep things simple in the hope that our applications will be processed smoothly. However, in November 2016 (4 months into our applications), hubby was made redundant by his then-employer with 1 month notice. He started searching for a new job immediately and received a job offer early January.

Now his new employer-to-be has asked for his ID to complete a right to work check. As he lost his EEA national ID card 2 years ago and never replaced it, we had no choice but to request the HO to send back his passport. We made the request using the online form 10 days ago.

Now we have until this Friday till the '10 business days' period passes, but I have realised today that, when I filled out the online request form, I have given the wrong Royal Mail reference number (HO reference and case ID correct). So I'm wondering, would this affect the turnaround time for my hubby's passport return? Should I make another request with all correct info, or wait until Friday?

Also, I've come across this 'Employee Checking Service' webpage, which says that an employer can verify a potential employee's RTW with HO using this service, if the employee claims their documents are with HO for a pending application. Has anyone who's an EEA national had experience with it?

I appreciate any input you may be able to give me on the matter.

[noajthan]

Yes, employers should use ECS - that's what its for!

[coronita]

Yes, employers should use ECS - that's what its for!

Thank you! Although I thought ECS was mainly for employers to check the validity of COA for non-EEA nationals. We'll use it if passport doesn't show up.

[noajthan]

Yes, employers should use ECS - that's what its for!

Thank you! Although I thought ECS was mainly for employers to check the validity of COA for non-EEA nationals. We'll use it if passport doesn't show up.

ECS is not all about those on EU route; its for any national from any country.
Any decent, clued-up employer should be aware.

[coronita]

Good to know. Thank you noajthan!

[coronita]

Yes, employers should use ECS - that's what its for!

Hi noajthan,

I'm hoping you could help me with a few more questions. I feel desperate now.

Basically my husband's passport did not show up as 10 working days have passed. I have made a second request for passport return and submitted a request for the progress of the first passport request I'd made.

My husband informed the HR person in contact with him at the new company about ECS, but the HR person said he was not aware of such service and needs to seek approval from head of HR at a meeting tomorrow. Frankly I don't have much faith in this online service now given how our requests have been handled by HO.

I am worried the company will not keep the job open indefinitely. I have tried calling HO, and the person on the phone was completely unhelpful. I have written an e-mail to my local MP too, but I am not sure she will answer.

Is there anything else we could do? My husband and I are thinking of reporting his passport as missing to his consulate in London, so a new one will be issued and can be shown to the employer. Although we don't know how it will affect our applications or if there will be any unforeseeable consequences, given the passport should still be in HO's possession. We have compromised on going on any holidays and travelling home to see families for the sake of this application, but now there is a job at stake and we really need help...

[noajthan]

Yes, employers should use ECS - that's what its for!

Hi noajthan,

I'm hoping you could help me with a few more questions. I feel desperate now.

Basically my husband's passport did not show up as 10 working days have passed. I have made a second request for passport return and submitted a request for the progress of the first passport request I'd made.

My husband informed the HR person in contact with him at the new company about ECS, but the HR person said he was not aware of such service and needs to seek approval from head of HR at a meeting tomorrow. Frankly I don't have much faith in this online service now given how our requests have been handled by HO.

I am worried the company will not keep the job open indefinitely. I have tried calling HO, and the person on the phone was completely unhelpful. I have written an e-mail to my local MP too, but I am not sure she will answer.

Is there anything else we could do? My husband and I are thinking of reporting his passport as missing to his consulate in London, so a new one will be issued and can be shown to the employer. Although we don't know how it will affect our applications or if there will be any unforeseeable consequences, given the passport should still be in HO's possession. We have compromised on going on any holidays and travelling home to see families for the sake of this application, but now there is a job at stake and we really need help...

Employer should know that if employee (or potential employee) advises that a document is not available then they should perform ECS.
So you had no need to request passport back for that reason.

And if you report the passport missing it will be cancelled.
That can raise difficulties depending if and how HO check its validity.
So probably not a good idea to report it missing.
Anyway it is not missing, you know very well where it is.

Sometimes passports are returned to non-EEA nationals, sometimes they are not. So don't bank on it.
And HO don't always meet the 10-day turnaround time (although the record reported in forum is 4 days).

The way ahead is for employer to run ECS.
https://www.gov.uk/employee-immigration ... ent-status

Good luck.

[coronita]

Yes, employers should use ECS - that's what its for!

Hi noajthan,

I'm hoping you could help me with a few more questions. I feel desperate now.

Basically my husband's passport did not show up as 10 working days have passed. I have made a second request for passport return and submitted a request for the progress of the first passport request I'd made.

My husband informed the HR person in contact with him at the new company about ECS, but the HR person said he was not aware of such service and needs to seek approval from head of HR at a meeting tomorrow. Frankly I don't have much faith in this online service now given how our requests have been handled by HO.

I am worried the company will not keep the job open indefinitely. I have tried calling HO, and the person on the phone was completely unhelpful. I have written an e-mail to my local MP too, but I am not sure she will answer.

Is there anything else we could do? My husband and I are thinking of reporting his passport as missing to his consulate in London, so a new one will be issued and can be shown to the employer. Although we don't know how it will affect our applications or if there will be any unforeseeable consequences, given the passport should still be in HO's possession. We have compromised on going on any holidays and travelling home to see families for the sake of this application, but now there is a job at stake and we really need help...

Employer should know that if employee (or potential advises) advises that a document is not available then they should perform ECS.

This will work at any time after the applicant has enrolled their biometrics.
So you had no need to request passport back for that reason.

Have you (hubby) enrolled biometrics?

And if you report the passport missing it will be cancelled.
That can raise difficulties depending if and how HO check its validity.
So probably not a good idea to report it missing.
Anyway it is not missing, you know very well where it is.

Sometimes passports are returned to non-EEA nationals, sometimes they are not. So don't bank on it.
And HO don't always meet the 10-day turnaround time (although the record reported in forum is 4 days).

The way ahead is for employer to run ECS.
https://www.gov.uk/employee-immigration ... ent-status

Good luck.

I really appreciate your swift response noajthan! It really helps keep me going.

Regarding the ECS, last time you said it is not only for people on EEA route. In our case, my husband as the EEA sponsor, was not asked to enrol biometrics at any point. Would it still work for him?

Since the day we sent in the application, he has not got any acknowledgement from HO. If for his registration certificate alone, he could have used a much faster way to apply, such as online. But because there was my EEA2 application too, we decided to send our applications and wait 6 months together, since we did not see any need for our passports.

[noajthan]

I really appreciate your swift response noajthan! It really helps keep me going.

Regarding the ECS, last time you said it is not only for people on EEA route. In our case, my husband as the EEA sponsor, was not asked to enrol biometrics at any point. Would it still work for him?

Since the day we sent in the application, he has not got any acknowledgement from HO. If for his registration certificate alone, he could have used a much faster way to apply, such as online. But because there was my EEA2 application too, we decided to send our applications and wait 6 months together, since we did not see any need for our passports.

Just remembered hubby is EEA, but it should apply.
Right to work checks apply for all applicants (from abroad) its not peculiar to those on EU migration route.

Has hubby got anything else? EU id. EU driving license.

[coronita]

I really appreciate your swift response noajthan! It really helps keep me going.

Regarding the ECS, last time you said it is not only for people on EEA route. In our case, my husband as the EEA sponsor, was not asked to enrol biometrics at any point. Would it still work for him?

Since the day we sent in the application, he has not got any acknowledgement from HO. If for his registration certificate alone, he could have used a much faster way to apply, such as online. But because there was my EEA2 application too, we decided to send our applications and wait 6 months together, since we did not see any need for our passports.

Just remembered hubby is EEA, but it should apply.
Right to work checks apply for all applicants (from abroad) its not peculiar to those on EU migration route.

Has hubby got anything else? EU id. EU driving license.

He has a French driving license in his home back in France, which if needed, can be posted over to us. He also has a UK provisional driving license that states his place of birth as France (He applied for a UK provisional license as a form of ID in the absence of his passport for this application). However, I read that driving license is not a form of acceptable ID recognised by HO to prove RTW...

He lost his French ID 2 years ago and never bothered to replace it. It takes a few months to replace it according to the French consulate website. Passport on the other hand, can be issued within 5-7 days, which is why we are considering it even though it may not be the best solution...

[coronita]

I really appreciate your swift response noajthan! It really helps keep me going.

Regarding the ECS, last time you said it is not only for people on EEA route. In our case, my husband as the EEA sponsor, was not asked to enrol biometrics at any point. Would it still work for him?

Since the day we sent in the application, he has not got any acknowledgement from HO. If for his registration certificate alone, he could have used a much faster way to apply, such as online. But because there was my EEA2 application too, we decided to send our applications and wait 6 months together, since we did not see any need for our passports.

Just remembered hubby is EEA, but it should apply.
Right to work checks apply for all applicants (from abroad) its not peculiar to those on EU migration route.

Has hubby got anything else? EU id. EU driving license.

A few more things I just remembered (sorry for bringing up more and more questions)...

My husband's last employment officially ended on 31st December 2016. His new job offer was made on 13th January 2017. This leaves him with a gap of about 2 weeks as unemployed. He did not register with Jobcentre Plus but chose to apply to jobs on online job boards. We updated HO about his redundancy and sent them e-mail correspondence between him and companies he interviewed at, throughout December and until this job offer was made in January.

If everything had gone without delays, in theory he would have gone back to QP as a worker the day his new job offer was made. Now since he cannot sign this new employment contract because HO has not returned his passport, he is technically still unemployed.

Is registration with Jobcentre plus a must to gain 'retained worker status' for EEA nationals involuntarily unemployed to keep being considered as QP?

Should we get CSI to cover this period?

Or does my husband still have a 'retained worker status' since it has not been more than 6 months he's been laid off from his last job?

Will HO view the case with some understanding that it is reasonable he is not employed yet not 'actively looking for work' either, since he's received a job offer but is waiting for his passport to sign the contract?

[twgal]

Jobseekers don't need CSI from what I know - as long as they can prove that they are job seeking. A gap so small won't matter I think. I'm not a lawyer though.

[coronita]

Jobseekers don't need CSI from what I know - as long as they can prove that they are job seeking. A gap so small won't matter I think. I'm not a lawyer though.

Thanks twgal! That's how I hope HO will view the case.

[noajthan]

A few more things I just remembered (sorry for bringing up more and more questions)...

My husband's last employment officially ended on 31st December 2016. His new job offer was made on 13th January 2017. This leaves him with a gap of about 2 weeks as unemployed. He did not register with Jobcentre Plus but chose to apply to jobs on online job boards. We updated HO about his redundancy and sent them e-mail correspondence between him and companies he interviewed at, throughout December and until this job offer was made in January.

If everything had gone without delays, in theory he would have gone back to QP as a worker the day his new job offer was made. Now since he cannot sign this new employment contract because HO has not returned his passport, he is technically still unemployed.

Is registration with Jobcentre plus a must to gain 'retained worker status' for EEA nationals involuntarily unemployed to keep being considered as QP?

Should we get CSI to cover this period?

Or does my husband still have a 'retained worker status' since it has not been more than 6 months he's been laid off from his last job?

Will HO view the case with some understanding that it is reasonable he is not employed yet not 'actively looking for work' either, since he's received a job offer but is waiting for his passport to sign the contract?

Registration with JC is not a must - the Directive doesn't speak about such local provincial matters.
But it helps to show status as a jobseeker qualified person.

CSI is not needed as a jobseeker.
Its too late to cover the period as selfsufficient as CSI can't be backdated.

The caseworker wil understand the case as per the guidance on qualified persons rather than on an ad hoc basis.

[coronita]

A few more things I just remembered (sorry for bringing up more and more questions)...

My husband's last employment officially ended on 31st December 2016. His new job offer was made on 13th January 2017. This leaves him with a gap of about 2 weeks as unemployed. He did not register with Jobcentre Plus but chose to apply to jobs on online job boards. We updated HO about his redundancy and sent them e-mail correspondence between him and companies he interviewed at, throughout December and until this job offer was made in January.

If everything had gone without delays, in theory he would have gone back to QP as a worker the day his new job offer was made. Now since he cannot sign this new employment contract because HO has not returned his passport, he is technically still unemployed.

Is registration with Jobcentre plus a must to gain 'retained worker status' for EEA nationals involuntarily unemployed to keep being considered as QP?

Should we get CSI to cover this period?

Or does my husband still have a 'retained worker status' since it has not been more than 6 months he's been laid off from his last job?

Will HO view the case with some understanding that it is reasonable he is not employed yet not 'actively looking for work' either, since he's received a job offer but is waiting for his passport to sign the contract?

Registration with JC is not a must - the Directive doesn't speak about such local provincial matters.
But it helps to show status as a jobseeker qualified person.

CSI is not needed as a jobseeker.
Its too late to cover the period as selfsufficient as CSI can't be backdated.

The caseworker wil understand the case as per the guidance on qualified persons rather than on an ad hoc basis.

I am anxious about the outcome of my case. Even though COA states a decision should be made within 6 months since issue of COA, I see a lot of members were able to enquire about their cases 6 months after applications received by HO. If this is the case I don't have long to wait until I pass the mark. Hopefully I will be able to get some updates soon. Thanks for all your advice!

[alexia]

Hi Coronita,

Regarding the passport return, I completely feel you. In our case EEA(QP)+EEA(FM), our application was positive and on 13.01.2017, out of the blue, I got a letter with my Residence Card inside. On 18.01.2017 came second letter with my husband's Registration Certificate as EEA national, but inside there was Decision Letter and supporting documents belonging to some third person, instead of ours. So now I have my Residence Card (I got it after 3,5 months from applying) and my hubby got his Certificate but we are missing our original documents, passports etc.

The same day I returned the whole pile of documents via RoyalMail, Special delivery next day by 1 o'clock, and Home Office in Liverpool should have gotten them, but to my surprise even after 8 days still no update of delivery, no signature of the receiver. I emailed twice the HO and no reply. TodayI even contacted RoyalMail to complain how the documents have not been delivered and signed for so they said in 72hours I will get a response.

By the way, I contacted the girl, whose documents were sent to my home address by mistake, on Facebook and she told me that she hasn't received my documents, but from some other fourth party. So only with a couple of messages, I found out that now 4 people have wrong documents returned from the HO I don't know what is going on really and I am fuming still

[emigre]

Hi Alexia, Now this is interesting but completely unacceptable from HO. Someone should report it to appropriate authority ( Minister / Parliament ) . We are putting our life ( documents ) in the hands of staff at HO while they continue showing the indiscretion.

[alexia]

Hi emigre

What to tell you, I am shocked. I will wait for a couple of days more to see if I will get any response from the HO... I just hope whoever will receive our set of documents will be sensible and ethical enough to return them back to the HO. Just it is whole chain of mistakes. The papers were addressed correctly, just what was inside was not ours but belonging to a third party. And the funny thing is, that I returned the mistaken documents 8 days ago with a special delivery to the HO, and nobody from there signed that they received them ?!

[noajthan]

However interesting as a case of administrative or more likely outsourced confusion, the return of wrong docs plus a correct RC does not really progress OP's plea for simple return of passport (prior to success of application).

[coronita]

Hi Coronita,

Regarding the passport return, I completely feel you. In our case EEA(QP)+EEA(FM), our application was positive and on 13.01.2017, out of the blue, I got a letter with my Residence Card inside. On 18.01.2017 came second letter with my husband's Registration Certificate as EEA national, but inside there was Decision Letter and supporting documents belonging to some third person, instead of ours. So now I have my Residence Card (I got it after 3,5 months from applying) and my hubby got his Certificate but we are missing our original documents, passports etc.

The same day I returned the whole pile of documents via RoyalMail, Special delivery next day by 1 o'clock, and Home Office in Liverpool should have gotten them, but to my surprise even after 8 days still no update of delivery, no signature of the receiver. I emailed twice the HO and no reply. TodayI even contacted RoyalMail to complain how the documents have not been delivered and signed for so they said in 72hours I will get a response.

By the way, I contacted the girl, whose documents were sent to my home address by mistake, on Facebook and she told me that she hasn't received my documents, but from some other fourth party. So only with a couple of messages, I found out that now 4 people have wrong documents returned from the HO I don't know what is going on really and I am fuming still

Hi alexia,

I am really sorry to hear that they have messed up the return of your documents! On the other hand, getting your RC after only 3.5 months is great news, as most people had to wait or have been waiting over 6 months, so big congrats!

What the HO has done with your documents is outrageous! I completely feel your worry, as I've been worried sick about our documents and application. But whoever has got your documents must have gone through the same nightmare of seemingly endless waiting, so I believe they will have the decency to do the right thing about your documents!

If HO does not correct the mistake or give you a response in time, you might want to consider asking your MP to intervene as I have done myself. My MP just replied to me that she has written to HO to ask them to look into my request for passport. I hope that will speed up the process and will let you know how it goes.

In the meantime, good luck to you!

[coronita]

Finally after 19 days, 3 return of document requests, 1 letter from MP, my EEA sponsor's passport has finally been returned! I know many people had to wait longer but I was really sitting on pins and needles after the first 10 working days had passed.

I contacted my MP on 26th Jan and her office sent a letter to HO on the following day. Today when I received the passports the letter enclosed was dated 27th Jan. So I don't know whether it was my multiple requests or MP's letter that worked.

Strangely, my online requests only asked for my EEA sponsor's passport, but both my and my sponsor's passports have been returned. HO has also returned my previous BRP which was a T4 student that has just expired. Also they didn't use the prepaid special delivery envelope I sent with my application, but instead sent via Royal Mail second class.

Anyway, I just want to share my experience as the many posts on this forum really kept me going while I was feeling hopeless. Thank you to everyone that gave me advice and shared your experiences here!