Is it lawful for UKBA to keep my passport for more than 8M?

[LeLe]

Hi all,
I need some help again please.

Before that just a brief summary of my complicated timeline with my EEA4 application and the full story can be found from link below.

http://www.immigrationboards.com/viewto ... dac0f31e41

EEA4 application send 10/07/12.
CoA received in Nov dated 10/11/12.
Refusal letter received in December dated 30/11/12. Passport retained by UKBA.
Further application sent 12/12/12 with 200 pages of all supporting documents and both my husband and my passports.
New CoA received within one week, dated 18/12/12.

Requesting both my husband and my passports to be returned on 16/02/13. “Return of Document Form” sent both Liverpool and ROD email addresses.

Second email sent 24/02/13

Registered mail of “Return of Document Form” sent 01/03/13.

3rd Email sent 04/03/13; local MP contacted. MP office called UKBA Enquiry team and was told, “the caseworker will be told to return our passports”.

Calling MP office for help every other day, was told they still haven’t heard back form UKBA for progress re. Passport return.

4th Email sent to both emails 08/03/13.

11/03/13 My husband started chasing MP office as his passport is involved and trying to get an answer.

11/03/13 A letter of complaint about” the mishandled of my case and the difficulty of getting passports back” sent to Rob Whiteman, Chief Executive UKBA and UKBA Complaint Hub and MP; Letter sent by email and registered mail.

12/03/13 MP office was told my husband’s passport will be returned but not my as “they can’t return the main applicant’s passport when the case is open. They have to verify if I do have the rights to stay in the UK.”

13/03/13 Second letter of complaint sent, demanding explanation why my passport can’t be returned.

13/03/13 Husband’s passport returned by 1st class recorded mail.

14/03/13 Contacting MP office again. MP will now be acting on my behalf and send a letter to UKBA to request explanation for why my case has been handled this way.

So finally my question is, can anyone tell me if it’s lawful for UKBA to keep my passport for more than 8 months? Are there any laws and regulations giving them the rights to do so?

Many thanks to all.

[Jambo]

Short answer to a long post - No.

[icexxik]

Hi all,
I need some help again please.

Before that just a brief summary of my complicated timeline with my EEA4 application and the full story can be found from link below.

http://www.immigrationboards.com/viewto ... dac0f31e41

EEA4 application send 10/07/12.
CoA received in Nov dated 10/11/12.
Refusal letter received in December dated 30/11/12. Passport retained by UKBA.
Further application sent 12/12/12 with 200 pages of all supporting documents and both my husband and my passports.
New CoA received within one week, dated 18/12/12.

Requesting both my husband and my passports to be returned on 16/02/13. “Return of Document Form” sent both Liverpool and ROD email addresses.

Second email sent 24/02/13

Registered mail of “Return of Document Form” sent 01/03/13.

3rd Email sent 04/03/13; local MP contacted. MP office called UKBA Enquiry team and was told, “the caseworker will be told to return our passports”.

Calling MP office for help every other day, was told they still haven’t heard back form UKBA for progress re. Passport return.

4th Email sent to both emails 08/03/13.

11/03/13 My husband started chasing MP office as his passport is involved and trying to get an answer.

11/03/13 A letter of complaint about” the mishandled of my case and the difficulty of getting passports back” sent to Rob Whiteman, Chief Executive UKBA and UKBA Complaint Hub and MP; Letter sent by email and registered mail.

12/03/13 MP office was told my husband’s passport will be returned but not my as “they can’t return the main applicant’s passport when the case is open. They have to verify if I do have the rights to stay in the UK.”

13/13/13 Second letter of complaint sent, demanding explanation why my passport can’t be returned.

13/13/13 Husband’s passport returned by 1st class recorded mail.

14/03/13 Contacting MP office again. MP will now be acting on my behalf and send a letter to UKBA to request explanation for why my case has been handled this way.

So finally my question is, can anyone tell me if it’s lawful for UKBA to keep my passport for more than 8 months? Are there any laws and regulations giving them the rights to do so?

Many thanks to all.

It is not, but there is nothing you can do about it. You can try taking them to court, but it will probably be take even longer. 200 pages of supporting docs for EEA4? what did you send them?

[LeLe]

icexxik:

200 pages of payslips/bank statements/contracts/P60 for the last 5 years and for both of us.

They refused my 1st application based on the insufficiency of the supporting documents so we can't take any more chance and we sent everything!!!

But I organised it all in chronical order and I believe it is very easy to look through. Only if they do start looking!!!!!!!

[LeLe]

Jambo:

The No means No to my title that it it NOT lawful for them to keep it that long or if it's a NO to my question meaning no laws and regulations allowing them to keep my passport?

Thanks.

[Directive/2004/38/EC]

Contact Solvit in addition to everything else.

Also do a SAR: http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

[Jambo]

Jambo:

The No means No to my title that it it NOT lawful for them to keep it that long or if it's a NO to my question meaning no laws and regulations allowing them to keep my passport?

Thanks.

Isn't it the same question?

Under your circumstances, they can't legally hold your passport. Even if they think you haven't obtained PR, it doesn't mean your currently stay is illegal.

Complain.

[LeLe]

Thanks Jambo. And yes, they are indeed the same question. Not sure what I was thinking...[/quote]

[LeLe]

Thanks Directive/2004/38/EC

I am not sure what's the purpose for me to do a SAR. Is it just to make sure that don't lose my passport?

I will contact SOLVIT. Thanks you.

[Directive/2004/38/EC]

The SAR gives you a copy of your UKBA file. It is cheap and interesting. And might explain why they are holding it up.

[LeLe]

Hi Jambo and Directive/2004/38/EC.

Since there's no law allowing them to hold my passport for so long. If there any law/regulations that I can quote to prove that it is illegal?

Thanks.

[EUsmileWEallsmile]

It might be that the passport has been moved between departments and that internal communication is slow. Keep at them.

[vinny]

Assuming that they haven't lost the passport, see also Unlawful retention of passport by ECO.

[Jambo]

I'm not aware of a regulation that states is illegal.
You can also point them to their own instructions - ECI Chapter 10 - return of documents.

[LeLe]

Thanks EUsmileWEallsmile, vinny, Jambo!

[LeLe]

Hi all,

After 2 complaint letters and MP's assistance, I managed to get my passport and EEA4. I think the complaint letters to Rob Whiteman, Chief Executive and the MP's help does the trick as my case was looked at within 2 days. My husband's passport returned to us on 12th and my EEA4 issued on 13th. But only receieved today the 20th.

They still made me missed my trip last weekend and this could be avoided if they despatched my passport on the 14th! We will send a final complaint letter and seek compensation for that.

Many thanks to everyone who has been giving valuable advice.

[EUsmileWEallsmile]

I'm glad to see that you have your documentation.