UK Immigration Law
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What type of visa does your friend hold and why does UKBA hold his passport? Has he made an application that has not been decided as yet?
My friend has a business visa and he told my they are holding his passport because it expired, they also told him he cant renew his passport till he gets back to his country.(Aust)
They told him he needs to get the money for a ticket home and they will purchase it and put him on the plane with documents to cover his expired passport.
Does this sound like normal practice in this situation ?
As far as him making any applications that havnt been decided, im pretty sure he has not.
Thanks for reply. Sorry for delay in response.
It appears unusual for UKBA to hold an expired passport and refuse to return it particularly if there are no outstanding applications. He should not overstay his visa under any circumstances and when leaving the country he should do so voluntarily and at his own expense (this would include any financial support that you provide); this is to avoid re-entry bans for UK in future.
UKBA cannot force removal at public expense if your friend informs them that he is going voluntarily. That would be a paradoxical situation as UKBA would be insisting on spending public funds for the removal when it is patently not necessary to do so. Perhaps your frind could ask his local MP to make representations to UKBA to support his position for voluntary departure (even if this is on a flight arranged by UKBA though ticket paid by him).
Your friend should make enquiries at his Australian embassy as to procedure for passport renewal. They may liaise with UKBA to resolve the situation. If renewal passport is not possible then perhaps a travel card to permit entry back to Australia could be arranged.
Hope that helps. Kind regards
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