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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir/Madam, I was born in UK before 1983 and for the same

Customer Question

Dear Sir/Madam,
I was born in UK before 1983 and for the same reason I had applied for my first time British passport from British High Commission,New Delhi on 6th Sep 2012.
After the application has been in process for last six months the British High Commission in New Delhi has reverted back to me to withdraw my application since I have moved out of India

I am mentioning below the chronology of events regarding my first time british passport application.
1. I had submitted my british passport application on 6th Sep 2012 in New Delhi British High Commission
2. My application was accepted on 10th Sep 2012
3. At the sametime I had been transferred to Dubai from Kolkata by my present employer - HSBC Middle East
4. I had to collect my Indian passport from British High Commission so as to travel to Dubai
5. I had notified this to British High Commission and they acknowledged this request and returned me my Indian Passport - I had also submitted in writing that I am collecting my Indian passport for the above mentioned travel to Dubai
6. Later after arriving in Dubai I had notified British High Commission about my new coordinates
7. Since then the application has been in process for last six months
8. During this six month period I had checked on the status of the application through Careline/Feedback enquiry 3 times
9. On each instance of these queries I had been given responses that an interview would be scheduled for this application and a case officer would get in touch with me
10. Last week I received a reply from Careline that New Delhi High Commission wants me to withdraw my application
11. They would need an Indian address where they would like to courier my originals

Could you please let me know if you would be able to provide me with any help in this regards.

Regards,
Pratul
+971528412922
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

What is the reason for which they would like you to withdraw your application please?

Tom
Customer: replied 1 year ago.

I have moved out of India and relocated to Dubai. That's why they want me to withdraw my application. But what surprises me is that they took 6 months to answer this query.

Expert:  Thomas replied 1 year ago.
Right.

But they have not actually rejected the application.

Correct?
Customer: replied 1 year ago.

That's correct they have not rejected the application.

Expert:  Thomas replied 1 year ago.
Is the explanation for why they wish you to withdraw the explanation the same as the reason for why they will not prceed to determine it and issue the passport?

Tom
Customer: replied 1 year ago.

Dear XXXXX,


Following is the response from the high commission.


 


As applicant has now moved out of India we can withdraw the application and send back all originals to his address in India. For that applicant will have to send us a letter/email stating he wishes to withdraw the application and also give us an address in India where he wishes to receive all his originals


 

Expert:  Thomas replied 1 year ago.
Ok.

How long are you to remain in Dubai for please?

Tom
Customer: replied 1 year ago.

I got transferred to Dubai and have permanently relocated here.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

When you apply for a visa or passport you have to apply from the country in which you are permanently resident. If a person applies elsewhere or otherwise moves during the application period then it causes problems.

There are probably two ways forward. You can attempt to argue that they should proceed with the application, determine it and issue your passport on the basis that the application period is on the long side of things. You could state that your are fully available for interview despite the fact that you are not in India, because you can travel there.

The problem is that you transferred from India to Dubai very soon after you submitted your application. So they may point to that and say that you were not intending to be permanently resident in India at the time you made the application and that it should be rejected on this basis.

I appreciate that it’s extremely frustrating but I would suggest that (given my experience of various high commissions) that it would probably be quicker for you to arrange collection of the documents and re-submit them again from Dubai. Personally, I would write to them and ask them to send the documents to the Foreign and Commonwealth office in Dubai so that you can arrange collection from their after proving your identity to their officials in this office.

You could then submit it straight away in Dubai.,

My experience is that applications that are 100% straightforward and well evidenced are determined quickly. Where there is any small complication more often than not it results in the application being massively dragged out.

The problem is that you have little recourse against them, they are there to determine the eligbility of applications and unfortunately they probably have a legitimate argument for why this was not straight forward by pointing the relocation as evidence of the fact that you were not intending to reside permanently in India when you made the application.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Thomas,


Based on your advice I would be requesting New Delhi High commission to send the documents to FCO Dubai and would like to quote that I have taken a legal advice in this regards. Trust it would be fine with you.


 


Thanks again for the prompt response!


 


Best Regards,


Pratul

Expert:  Thomas replied 1 year ago.
Hi,

This is not specific legal advice in the normal way, for that you would have to instruct a lawyer in the normal way.

Also, it's not a legal right for you to request them to do this, but rather a pragmatic alternative that I hope they will be amenable to.

Their duty extends only so far as to return the documents to the applicant at their original address or make them available at the embassy in the country where the address is unfortuantely, I'm just hoping that given the 6 month application period they may be willing to be more concilliatory.

Tom
Customer: replied 1 year ago.

Dear Tom,


Could you kindly suggest on how to get a legal advice in the normal way as I would really like to get a legal counsel involved in this case through it's journey. In case you have good references then please advice.


 


Regards,


Pratul

Expert:  Thomas replied 1 year ago.
Hi,

You would have to instruct a UK qualified solicitor. You can instruct a solicitor physically based in the UK from Dubai, or you can contact one of the firms that are UK based but which have an office in Dubai.

I would use the find a firm search engine on the law society's website to start with:-
http://www.lawsociety.org.uk/find-a-solicitor/

Tom

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