Post
by shandave2001 » Mon Dec 29, 2008 6:52 pm
Dear Peterdaren
I understand and aware of individuals' rights under EU law. However, I was thinking the reason of Home Office (HO) withholding ur partner's passport. In past HO used to have objections on Illegal/over stayed but this is not anymore after ECJ’s Metock ruling. However, HO website still threats for deportation if an illegal apply for Certificate of Approval for marriage, but in ur case they have provided one already. That is why I find it strange HO withholding ur partner's passport.
I think u should complain immediately, as at least, they should give reason. It may be just an error in part of the HO which will be rectified once u make a complain. Bear in mind there are loads of cases where HO lost peoples’ passports; I hope this one wouldn't be another such case. As this passport has already expired, ur partner can get a new passport from his embassy in London and apply for EEA2 (if u haven't applied already). No HO wouldn't stamp an expired passport and I suggest u don't wait to find out this outcome as EEA2 application can take up to 8 months.
In any event, wish u all the best and hope u keep informing the members of this board of any development in ur case. I wait for other comments on this case.
