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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13325
Experience:  Solicitor
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1/ Is there a law in the UK which makes it illegal mailing

Customer Question

1/ Is there a law in the UK which makes it illegal mailing passports accross the border?

I plan to send my Russian passport to an immigration consultant in London so that he could apply for a residence card on my behalf. I've been admitted to the UK on EEA Entry Clearance but I travel a lot and I'm in Italy now, for a 4-weeks trip.

2/ Is there a regulation which mandates that applications for residence card may only be done while the applicant is in the UK?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 6 years ago.
You need to be in the UK to make any application as a resident. It is the basis on which you are applying. if you are not in the country then there is no certainty that you are or will be resident here. That is clear from the rules border agency In any event how are you going to return to the UK without a passport? There is no guarantee that the Border agency will deal with the application and return your passport within 4 weeks. Why can you not wait until you return to the UK?

if you are eligible to reside in the Uk presumably as the family member of an EEA national then it is not strictly necessary to have a residence permit although it is of course useful as evidence of your right to be in the UK
Customer: replied 6 years ago.
Relist: Inaccurate answer.
The answer shows that the anonimous "expert" has absolutely no knowledge about the process he's proving the advice on.

EXAMPLE: He's guessing "There is no guarantee that the Border agency will deal with the application and return your passport within 4 weeks." whereas all pros who handle such applications know that the processing time is 6-8 months and cannot be 4 weeks.

EXAMPLE 2: His "In any event how are you going to return to the UK without a passport?" shows that he's unaware that Border Agency returns passports upon verifying the identity of the applicant, if that's requested.

In light of it, his opinion about unreferenced rule of the Border Agency is not credible.

Oveall, he ignored my question #1 and provided a common sense advice ("Why can you not wait until you return to the UK?"), and not a legal advice.


Customer: replied 6 years ago.

PLEASE REFIND MY PAYMENT and cancel my subscription.

The answer was not acceptable and I was promised a new one. A week later, I received no response. Today I had to seek alternative source of information, so no answer is needed.

Best regards,

Alex

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[email protected] T: (XXX) XXX-XXXX Skype: akonanykhin

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