How can I get my passport back from the UKBA / Home Office?

We went through some issues with the Home Office retaining my wife’s passport.  I wanted to travel to Ireland to excercise my treaty rights.  I would obviously be unable to do this without my wife.

I’ve recently seen lots of questions in regards to this popping up, so this is just a recap post to highlight specific information.

Begin with reading this post: We receive passports… Hmmm, something is missing, and then move onto this post: Illegal holding of a passport by the UKBA / Home Office.

Don’t mess around with a ‘pretty please give my passport back’.  Take the direct approach and give them a final chance to return the passport.  This is in the form of a Pre-Action Protocol Letter.

See:

As for the conent of the letter:

  • You will be challenging the proportionate means of them retaining your passport.
  • You will be challenging the legality of them retaining your passport.
  • You are challenging the legality of them hindering the non-EEA’s right to exit the country.
  • You are challenging the legality of them hindering the EEA’s right to free movement.

Don’t forget to refer to the case law ETC within the letter.