urgent request for passports return EEA2

[cmkac]

Can anyone help?
My wife and I requested for urgent return of our travel documents. We phoned Home Office and they said to send a fax with reasons of the emergency. I've got my passport in 2 days (I am EU citizen), and her's is still there..we called them back 3-4 times and all we got is: wait,we can't help you..does anybody know if they will send it back by 10 working days which will be on monday? And what shall we do if they don't? Who can we turn to for help? Is anyone experiencing the same problems? thanks a lot,
Cmkac

[Directive/2004/38/EC]

Contact your MP. They may be able to help.

[cmkac]

We already did, but they say they cannot help us. That there is nothing they can do about it... Any other suggestions, please...

[Directive/2004/38/EC]

Then keep calling UKBA until they deal with it. Indicate that it is urgent.

[cmkac]

My wife's passport still hasn't arrived. I was wondering if there is any point in going to Home Office in Croydon (though I know the application is being processed in Liverpool) and demanding their help? If our request is not processed in 10 working day, isn't it some violation of human rights? Basically, my wife hasn't done anything wrong but cannot get out of the country as some locked up criminal? Did you say to contact our local Member of Parliament? We contacted the embassy, and they said they cannot help us. Please, help desperately needed...

[Directive/2004/38/EC]

What does UKBA say?

Where will she be traveling with the passport?

[cmkac]

When we call that number, they just say, your request is being processed, you just have to wait, patiently... she'll be travelling to Croatia, hopefully...

[cmkac]

Though, we could travel to Slovenia, where I am from, if that makes a difference?

[Directive/2004/38/EC]

Keep on UKBA to get back the passport. That is by far your best solution.

But... At least within the EU she has a theoretical right to travel even without her passport if you are traveling together. Read carefully the MRAX decision at http://eumovement.wordpress.com/2010/08 ... to-travel/

The problem is, of course, proving her right in the absence of a passport.

Two issues: may be easiest to drive from the UK because of very casual passport checks leaving the UK. And entering Croatia may be a problem as EU law does not apply there.

[cmkac]

Do you maybe know if UKBA is legally obliged to return the documents after 10 working days as they say or that doesn't matter? I believe it would not be a problem to enter Croatia with her ID as she also has a Slovene residence card... Will it make a difference if we go to Croydon Home Office and cry for help there?

[Directive/2004/38/EC]

I personally doubt you will be able to see anyone useful in Croydon, and even if you do I doubt they will be able to do anything.

I would get onto your MP and UKBA every day until you get the passport.

What exactly does UKBA say?

You really think she could enter Croatia based just on her Slovenian Residence Card? Wow! Neat! Often the french are asleep at the border when you take the ferry or train into France and do not even bother to check passport. And if you take other evidence of her identity (more the better!) and a copy of the MRAX court decision printed in English and French (the original language of the decision!), I suspect you will clear the border easily if a bit slowly.

Reentry into the UK should be easy as UKBA has a record of your wife and officially even has her passport.

[cmkac]

Basically, what they say is: Ok, we can see you put several urgent request to return your documents. We are dealing with it, we can only suggest you wait patiently. May I speak to someone else? No. May I somehow get in touch with someone in the Liverpool Office? No, that is not a public building. Do you understand how important and urgent this is for me? Yes, but we can't help you, you just have to wait.
How do you think it is possible to pass border control on UK side without a passport or they don't even check?

[Directive/2004/38/EC]

How do you think it is possible to pass border control on UK side without a passport or they don't even check?

I am not sure which country you are leaving and which country you are entering on this question.

[cmkac]

Well, leaving England and entering France...

[Directive/2004/38/EC]

The following is my guess...

Leaving the UK should be fine. If they are there they can pull up her file. And they are not allowed to prevent her from leaving.

Entering france is likely no problem. I have NEVER had my handful of passports touch the French border guard's hand. If they have been there, they have looked through the window of their booth and my car.

[cmkac]

Sorry, but are you really sure they cannot prevent her from leaving? Could we face more problems if we would do it that way? Do you believe we would have no problems coming back to the UK?

[Directive/2004/38/EC]

Sorry, but are you really sure they cannot prevent her from leaving? Could we face more problems if we would do it that way? Do you believe we would have no problems coming back to the UK?

Does your wife have official documents that specify her name and possibly date of birth? For example, expired passports, drivers license, marriage certificate, uk national insurance card? Does she have a photocopy of the passport which is in UKBA's possession? You said she has a Slovenian issued Residence Card. That is a very good example!

She should ideally also have other things that tend to confirm her existence such as utility bills or phone bills or bank statements or letters addressed to her from your MP or pay slips or ....

You ask "Am I sure". I will never tell you I am 100% sure. I think there are no guarantees in life. My wife has traveled without a required visa, but we have never tried without a passport.

If your wife travels with as much documentation as outlined above, I suspect she will have no problem from UKBA leaving the UK or reentering. The MRAX case is clear that she can enter the UK without a required passport or visa. The point from the case is that she has a right to be with you, the EU citizen, when you travel. So if you are leaving the UK, and she has a right to be with you, then she can leave too!

And the same MRAX case applies obviously on her reentry to the UK and on her entry and exist from each of the EU member states as you drive across the EU.

To top it all off, UKBA already has her passport. So if anyone from UKBA asks for it, you can say "your organization already has it", and they can see that in their files. I personally think UKBA will be the easiest problem you will face.

I personally would do this sort of thing if I satisfied a few conditions:
(1) We really needed to travel
(2) We are aware that there might be problems at a given border, and it may take time and patience to work through them. I personally think it is doable, but it would not be suitable for somebody who is not patient.
(3) We have a good set of supporting documentation
(4) We have the MRAX case and Directive 2004/38/EC printed off in the languages of each country through which you will be traveling.
(5) We have read through, very carefully and several times, the MRAX case and understand it
(6) We were driving
(7) We took a morning ferry (from UK and from France) and arrived at least 2 hours before departure

You may well have a different set of conditions under which you would do it.

[eldane]

Hi,

Why the big fuss? If you can't get the passport back soon enough from UKBA to travel then ask your embassy for an emergency passport

http://www.policija.si/portal_en/organi ... umenti.php

Emergency passport

The emergency passport is a travel document issued to a citizen of the Republic of Slovenia or a citizen of another European Union Member State who remained abroad without a travel document. Upon the loss (theft) of the travel document it is necessary to report it at a police station. Based on the certificate on the loss of a travel document, the diplomatic-consular representation office issues the emergency passport. If in the country where the holder lost the travel document there is no diplomatic-consular representation office of his/her country, the representation office that represents the interests of the alien's country of origin will cooperate in issuing the emergency passport.

The emergency passport is issued for the period of its validity for up to 30 days, or for the time necessary for the holder to return to the country of his/her nationality to the country where the holder has the habitual residence or exceptionally to the country where the holder has his/her temporary residence.

[Directive/2004/38/EC]

Hi,

Why the big fuss? If you can't get the passport back soon enough from UKBA to travel then ask your embassy for an emergency passport

http://www.policija.si/portal_en/organi ... umenti.php

Emergency passport

The emergency passport is a travel document issued to a citizen of the Republic of Slovenia or a citizen of another European Union Member State who remained abroad without a travel document. Upon the loss (theft) of the travel document it is necessary to report it at a police station. Based on the certificate on the loss of a travel document, the diplomatic-consular representation office issues the emergency passport. If in the country where the holder lost the travel document there is no diplomatic-consular representation office of his/her country, the representation office that represents the interests of the alien's country of origin will cooperate in issuing the emergency passport.

The emergency passport is issued for the period of its validity for up to 30 days, or for the time necessary for the holder to return to the country of his/her nationality to the country where the holder has the habitual residence or exceptionally to the country where the holder has his/her temporary residence.

So you are proposing that the OP report it lost to the police, then get an emergency passport, and then apply for a new regular passport?

Are you suggesting having UKBA pay for these?

[eldane]

So you are proposing that the OP report it lost to the police, then get an emergency passport, and then apply for a new regular passport?

That would be one way to do it. If the poster is in such dire straits that would be one option. Or go directly for a new passport and once back in the UK forward the new passport to UKBA. As I see it UKBA has either lost the passport as they do not return it promptly as they usually do - and did with my own passport.

Are you suggesting having UKBA pay for these?

I just had to re-read my posting..... I could not find any suggestion as to who pays for what.
But as you are so eagerly looking for an answer; let the poster put down the money and ask UKBA for reimbursment later. I believe you put a fine FOI with numbers of how successful one could be in claiming expenses back from UKBA http://www.immigrationboards.com/viewtopic.php?t=83670

Adding to the post: I have myself got an emergency passport form my embassy and did not have to report my normal passport stolen etc. Just explained the passport is with UKBA, showed the communication I had and... Here you are mister Eldanes - enjoy your new emergency passport but remember to return it to us when done with it.

[republique]

So you are proposing that the OP report it lost to the police, then get an emergency passport, and then apply for a new regular passport?

That would be one way to do it. If the poster is in such dire straits that would be one option. Or go directly for a new passport and once back in the UK forward the new passport to UKBA. As I see it UKBA has either lost the passport as they do not return it promptly as they usually do - and did with my own passport.

Are you suggesting having UKBA pay for these?

I just had to re-read my posting..... I could not find any suggestion as to who pays for what.
But as you are so eagerly looking for an answer; let the poster put down the money and ask UKBA for reimbursment later. I believe you put a fine FOI with numbers of how successful one could be in claiming expenses back from UKBA http://www.immigrationboards.com/viewtopic.php?t=83670

I don't see why you can't a duplicate passport. US citizens can get them when their passport is being processed. Are you sure you can't get a temporary travel document or second passport for such situations? Go to your consulate web page or call them and ask.

[Directive/2004/38/EC]

I have myself got an emergency passport form my embassy and did not have to report my normal passport stolen etc. Just explained the passport is with UKBA, showed the communication I had and... Here you are mister Eldanes - enjoy your new emergency passport but remember to return it to us when done with it.

Which country does this? I doubt you could get that from a UK embassy.

I think generally you would have to report the passport as "lost", have the old one cancelled, and then apply for a new passport. You would then need to immediately inform UKBA of the new passport number so that they do not cancel you application as soon as they check the passport number and realize it is "lost".

It may be worth doing in some cases. But there seems to be big room for error.

Why the big fuss? If you can't get the passport back soon enough from UKBA to travel then ask your embassy for an emergency passport

Because I do not think it is so easy as that for most countries. Your country seems like a happy exception.

[eldane]

I have myself got an emergency passport form my embassy and did not have to report my normal passport stolen etc. Just explained the passport is with UKBA, showed the communication I had and... Here you are mister Eldanes - enjoy your new emergency passport but remember to return it to us when done with it.

Which country does this? I doubt you could get that from a UK embassy.

I think generally you would have to report the passport as "lost", have the old one cancelled, and then apply for a new passport. You would then need to immediately inform UKBA of the new passport number so that they do not cancel you application as soon as they check the passport number and realize it is "lost".

It may be worth doing in some cases. But there seems to be big room for error.

Each country different rules!
http://www.amblondon.um.dk/en/menu/Cons ... Passports/

EMERGENCY PASSPORTS
An Emergency Passport is a handwritten document which may be issued while you wait either at the Embassy's Passport Office or at a local 'Danish Consulate/Vice-Consulate.

Validity Maximum 1 year

Please check before coming to the Embassy whether the country you wish to travel to accepts Emergency Passports and how many months they require the passport to be valid from the day of entry.

Fee: £26.00 - cash or Postal Orders


An Emergency Passport can be issued in the following 3 instances and in every instance each person must fill in and sign 1 passport application form:

1. Lost Passports
If you live outside the UK you can only apply for an Emergency Passport. If you live in the UK you must apply for a new full passport in addition to the Emergency Passport (please see "Passports for Adults/Passports for under 18s" - 3 photos are required).


The loss of your passport must be reported to the local police straight away. The police receipt must be produced when you apply for the Emergency Passport together with 2 passport photos, and as much ID as possible.

All Danish nationals who are reporting a lost passport must complete a declaration at the Embassy stating the circumstances under which the passport was lost.

2. Home Office/DVLA
You may apply for an Emergency Passport if your passport has been sent to either Home Office or DVLA.
You have to submit evidence of having sent the passport to Home Office/DVLA together with 2 passport photos and other ID such as a driving licence/copy of your passport.

3. Awaiting your new passport
You may apply for an Emergency Passport while your application for a new passport is still in process, if the validity of your current passport cannot be extended (see Extension of Passport Validity) - 1 passport photo is required.

Fee: £26.00 - cash or Postal Orders

Applications must be submitted in person (regardless of age) either at the Embassy's Passport Office or at a local Danish Consulate/Vice-Consulate.

Why the big fuss? If you can't get the passport back soon enough from UKBA to travel then ask your embassy for an emergency passport

Because I do not think it is so easy as that for most countries. Your country seems like a happy exception.

As I wrote before. Each country different rules and just because the UK might not issue an emergency passport it could very well be that the OP's country does.

[cmkac]

Hi,
my wife got her passport finally today and 2morrow she is travelling. It's been 13 working days since the request. Therefore, if anyone needs to travel urgently, have that in mind, please, and I would suggest that UKBA should write that down in the certificate of application.
Also, we tried to get an emergency passport, but her embassy would issue one only in the case her passport has been LOST or STOLEN and needed a paper from the UK police confirming that. But claiming a passport stolen when you actually know exactly where it is, is also a criminal act, and person could face prison for it. Therefore, that was not an option.
I'm glad to say, that in the end, everything worked out well, but please, future applicants have in mind the period they have for returning your documents...
Thanks everyone for help.

[republique]

Hi,
my wife got her passport finally today and 2morrow she is travelling. It's been 13 working days since the request. Therefore, if anyone needs to travel urgently, have that in mind, please, and I would suggest that UKBA should write that down in the certificate of application.
Also, we tried to get an emergency passport, but her embassy would issue one only in the case her passport has been LOST or STOLEN and needed a paper from the UK police confirming that. But claiming a passport stolen when you actually know exactly where it is, is also a criminal act, and person could face prison for it. Therefore, that was not an option.
I'm glad to say, that in the end, everything worked out well, but please, future applicants have in mind the period they have for returning your documents...
Thanks everyone for help.

I think applicants shouldn't plan any trips when they submit their passports which is what the application says. If you have an emergency, you have to deal with it. If it takes 14 days, it takes 14 days and you might not be able to go deal with the emergency. Applicants have to keep that in mind.