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  1. #41
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    Retaining valuable documents
    If you receive a request for a document to be returned for any other reason, you must tell the holder this is not possible, but the Home Office can provide them with a certified copy. There is no agreed standard wording for this certification, but it is advised it should include the fact the Home Office is holding the document and contact details in case a third party such as a bank wishes to confirm this fact.


    However, the caseworker's retention of passports may be an abuse of Section 17.

    98.
    If Mr Xu cannot be deported before 14 August 2018 at the earliest he is not liable to removal from the UK under the deportation order. I agree with Mr Tam that s.17 does not confer a power on the SSHD in effect to impound an individual's passport for other purposes, such as to prevent the voluntary departure from the UK of an individual whom she is not proposing herself to remove from the UK. The Claimants want the SSHD to hold Mr Xu's passport in order to prevent him leaving the UK. That, Mr Tam submits, and I agree, would be an exercise of the power under s.17 for an unlawful purpose.
    Last edited by Vinny; 22nd Oct 2018 at 09:02.

  2. #42
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    A member on another forum wrote to the Tribunal with copy correspondence to the HO requesting the return of the passport and requested judicial intervention by way of directions. The FTT issued directions ordering the return of the passport to the Appellant to allow her to sit the test. Passport returned (albeit one day prior to the FTT hearing), hearing adjourned and re-listed to allow her to sit the test.

  3. #43
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    Hi Vinny,

    Thanks for that. I think I will give UKVI their full 10 days to respond to my email before I take that route.

    The refusal email from UKVI will hopefully allow me pursue the DNA test via one of the laboratories who said the following regarding the lack of ID for wife and daughter:-

    “…has the UVI provided you with a letter advising they are keeping their passports as this would be sufficient…”.

    We have also been given a date for the hearing, 27th March 2019, which is much earlier than my solicitor expected.

  4. #44
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    She has a pending appeal. She is not currently subject to removal. Therefore, retaining her passport may be unlawful and an abuse of Section 17.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

  5. #45
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    I made a ROD request but it was refused; fairly standard stock email response from UKVI. I replied to the email referencing and quoting the ROI response from the Home Office related to return of passports to sit a SELT.

    UKVI have responded that:-

    “The Home Office has not issued any guidance specifically on the subject of returning passports to enable an individual to present identity documents as an approved Secure Language Testing (SELT) centre, when they are held by the Home Office….”


    “Therefore, we are unable to return your documents as this time. You should have undertaken the appropriate test before you made your fresh application. The guidance is very clear on requirements and readily available on the UKVI web site
    (They put it in bold just in case I missed this part!)

    They then go on to explain that they won’t provide certified copies or a letter confirming the applicant is permitted to take the test.

  6. #46
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    They then go on to explain that they won’t provide certified copies or a letter confirming the applicant is permitted to take the test.
    That response is contrary to their instructions.

    Retaining valuable documents
    If you receive a request for a document to be returned for any other reason, you must tell the holder this is not possible, but the Home Office can provide them with a certified copy. There is no agreed standard wording for this certification, but it is advised it should include the fact the Home Office is holding the document and contact details in case a third party such as a bank wishes to confirm this fact.

    Put it in bold just in case they missed this part!
    Last edited by Vinny; 29th Oct 2018 at 13:16.

  7. #47
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    The exact wording is:-

    “We are also unable to provide you with a certified copy of your passport, as the test centres do not accept certified copies as proof of identity for the purpose of sitting a Secure English Language test. Moreover, we are unable to provide a letter confirming that an applicant is permitted to take the English Language Test with a certified copy of their passport”

    I assume that the SELT centres are following UKVI guidance on acceptable forms of ID (?). Then UKVI are stating that the SELT centres are unable to accept other forms of identification like the problem lies with them!

  8. #48
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    Oh, I see. They are both blaming each other with a circular agruement.

    That’s also contrary to FOI 38544 Response.

    5) Does your answer to 4 depend on whether the copy has been certified as a
    true copy by the Home Office?

    In exceptional circumstances where the passport is held by the Home Office and it
    cannot be returned to the candidate, the Home Office may request that the SELT
    provider accepts a photocopy of the passport. The Home Office will confirm that the
    passport is a genuine document before sending the photocopy to the SELT provider.
    Actually, the Home Office had provided guidance for the return of passports in your wife’s circumstances.

    You have asked for an explanation as what would the Home Office position if a request is made for the return of an identity document to take a SELT test in the following scenarios:
    1. the applicant has extant leave;
    2. the applicant has leave under section 3C of the Immigration Act 1971;
    3. the applicant has permission to remain under the Free Movement Directive;
    4. the applicant is an overstayer / illegal entrant.
    In the first three scenarios, the identity document should be returned by the Home Office in order to allow the individual to sit the SELT test.
    Not returning the passport in the first three scenarios may be an unlawful abuse of Section 17.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

  9. #49
    Premium Member i_hate_theo's Avatar
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    My wife’s passport has been returned by UKVI!!

    I received an email from my solicitor on Friday to say that they UKVI had returned my wife’s passport for a period of 60 days to allow her to take the A2 English test. I am due to pick up the passport on Monday, I have yet to see what was said in the accompanying letter.

    Previously, UKVI had stated in a letter that the SELT centres would not accept a certified copy of the passport as proof of ID to allow her to take the test. I got in contact with Trinity college and, after speaking to a very helpful team leader, they confirmed that they would accept a certified copy of the passport but only if accompanied by a letter from UKVI explicitly stating it could be used. He said that this is not common, but he is aware of it been done several times before. He also very kindly put this information into an email to me.

    Also, since my last update on here, I have had a DNA test that proved that I am the father to my 7yo daughter and hence she is British. She was born outside the UK and I was not named on the birth certificate which had made it difficult to prove my paternity. My daughter is the defendant also being refused leave to remain.

    About 3 weeks ago, I sent two separate letters to UKVI. The first was a request for a certified copy of my daughter’s birth certificate to be used as ID for her application for a British passport (no response yet). The second letter was for a certified copy of my wife’s passport and an authorization letter to allow her to sit the A2 English test.

    I will book an A2 test with Trinity over the next couple of weeks. Some significant progress at last

  10. #50

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    This is really good news. Some common sense at last.

  11. #51
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    Test is a breeze sure she will gain ,Even with a email from someone dosent mean its correct info .
    And can be followed by a email that you have not get the correct info .
    At the end of the the day its up to yourselves ,
    Good luck anyway sure you will be ok .

  12. #52
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    "Even with a email from someone dosent mean its correct info"

    UKVI incorrectly stated that the SELT centres would not accept certified copies of passport as proof of ID to sit an English test. A Customer Services Team Leader at Trinity college says that they DO accept certified copies (only if accompanied by a letter from UKVI explicitly stating it could be used) and, although not common, he has seen this happen several times before.

  13. #53
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    only you know go and get it done letter in hand ,
    good luck with it all sure the misses will pass .
    Its a strange one and not many of us have been in the position you are i would stick my neck out and say not one of us so go for it .

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