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.
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.