Requesting for passport (during appeal) from Home Office

[acg_24]

Hi,

I am looking for some advice or experience on getting passports back from Home Office without withdrawing an existing appeal.

I have an appeal pending against refusal for Tier 1 extension. But since then I have changed jobs and am in a position to launch a fresh Tier 1 extension application. But for getting the walk-in appointment I need my passport and when I checked on the HO website they have the following -

The main applicant or their legal representative can only ask for the return of their documents for identity purposesor to withdraw their application. If they withdraw their application the whole application including that of the dependents is withdrawn. The fee will not be refunded.

Has anyone got experience of using this online form for getting back passport only? I just want to make sure that I am doing the right thing.

Thanks.

[sagareva]

I do not think you CAN lodge a new tier 1 extension application during appeal. I know you can for entry clearance but not so sure with in-country FLR tribunal appeals.

I think you in fact may have to withdraw your application in order to launch a new one. Withdrawal will be effective the day you write to them, and you have 28 days form that date to launch a new application, with effect, as I understand, that you 3c leave will stop and you will not have appeal against refusal of this new application.

There is however no guarantee that HO will actually return your stuff in 28 days, although do try to send them a fax. But I think I remember a post here bu a guy who in similar situation booked a PEO appointment in Sheffield -- same place where they have Tier 1 caseworking unit -- and basically went there to the PEO and said he is withdrawing his pending application/appeal and demanded that they bring passports down for the new application to be processed same day, which I think in that case they eventually did. That guy showed incredible persistence ))

the problem also is, if you write to them that you are withdrawing appeal then your 3c leave stops and you have no right to be in the uk, so they will not return your passport because they retain all vital documents of people who have no valid leave (who are removable)

not sure they will even send your passport back for identification, if you are on 3c leave

[acg_24]

Thanks sagareva.

Do you have the link to the post that you are referring to?
I do know that I cannot make a fresh application without withdrawing my appeal. I am planning to follow a step by step process (which should I hope should work!)
1. get passport back
2. withdraw appeal
3. get next day walk-in application for a fresh Tier 1 extension

The most imp step therefore is getting the timelines right which is why I need to know of any real examples where someone has done this in the past.

Thanks again.

[Ekubo]

Hi how did you solve your issue? I'm in a similar position. My appeal is pending and I need my passport for identification purposes... Thanks!

[acg_24]

Hi,

Have you considered showing a scanned copy of your passport if it is only for identification purposes? If you have a provisional UK driving license that can also be used for ID purposes.

I have written a detailed account of my case on this page which you can read http://www.immigrationboards.com/uk-tie ... l#p1025648

Hope this helps.

Good luck!