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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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If someone entered the UK with an alien passport with a Permanent

Resolved Question:

If someone entered the UK with an alien passport with a Permanent residence visa for an EU state and also a EEA Family visa, the alien passport has expired and so has the EEA Family visa - how does one apply to remain in the UK?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Ani, can you please provide more detail. What date did you get the EEA Family visa? Did you apply for a permanent residence card after six months on the EEA Family permit? Are you an Estonian national or what passport do you have? When did the passport expire? Have you considered applying for a new passport?
Expert:  Buachaill replied 1 year ago.
2. What nationalities are involved?
Customer: replied 1 year ago.
Mother and child are both Estonian Nationals, father has been issued alien passports since birth in Estonia. In 2004, when child was born, family moved to the UK where father obtained a 6 month and then a 5 year EEA family visa. Father and mother are now separated but father is very much involved in the care of the child. Alien passport has expired and father is now being advised that he is subject to deportation
Expert:  Buachaill replied 1 year ago.
3. The father should apply for Indefinite Leave to Remain based on his five years in the UK on an EEA Family Permit. Once a person spends five years in the UK living lawfully on a visa, he can then apply for ILR. One year after getting ILR, he can then apply for UK citizenship. This is the path to living permanently in the UK. So the first step would be to renew his passport so he has the documentation available to him to apply for ILR. Without a passport, I am afraid he will not be able to make the application. So the first step is to get a passport and then apply for ILR and then one year later for citizenship. It was very remiss of him to fail to both renew his passport and to renew his visa.
Expert:  Buachaill replied 1 year ago.
4. Please Rate the Answer as unless you Rate the Answer your Expert will receive no payment for answering your Question.
Customer: replied 1 year ago.
The Estonian embassy will not renew his alien passport here in the UK, they have advised that this must be done in Estonia. He cannot travel to Estonia
Customer: replied 1 year ago.
Could he apply as a stateless person in the UK and then apply for ILR?
Expert:  Buachaill replied 1 year ago.
5. He can potentially apply as a stateless person. However, he does not fall within the generally accepted definition of a stateless person as he simply has not bothered to renew his passport. So such an application is likely to be rejected.
Customer: replied 1 year ago.
Thank you but if his passport was that of a stateless person in Estonia does that not mean he still falls under the definition of a stateless person here in the UK
Expert:  Buachaill replied 1 year ago.
6. Even a stateless person must have some valid identification. Some form of identification is necessary to process an visa application in the UK. Be aware that because he had an estonian document, he was not stateless in the UK.
Customer: replied 1 year ago.
Thank you, ***** ***** clarify and summarise:1. Even though his passport that was issued in Estonia and was an alien stateless passport - the UK will deem him as being Estonian?
2. And therefore he will be unable to apply for a stateless document in the UK?
3. If his application is rejected for a stateless person in the UK, how can he obtain an travel document?Thank you
Expert:  Buachaill replied 1 year ago.
7. Numbers 1 & 2 are correct. However, here, your father has to go back to Estonia to get an identity document. Under the Refugee convention is the first country into which he came that deals with all requests for asylum and the issuing to identity and other documents. So far as the UK is concerned, he is not Stateless. His state is Estonia. Not the UK. So he must deal with the Estonian authorities. The UK Border Agency will not now issue him with a stateless person's papers. Either he gets these from Estonia or he gets deported. The position is pretty stark.
Customer: replied 1 year ago.
Is there any way he can stay in the UK on the basis of his son?
Expert:  Buachaill replied 1 year ago.
8. Yes, the father here is entitled to a visa to remain in the UK based on the Zambrano ruling of the European Court of Justice, in order to both live and work to support the child. However, in order to process such an application a person must have some form of identity documents, such as a passport. The problem here is not that the father is not entitled to stay in the UK but he lacks a passport to do so. For example, another EEA Family Permit can be applied for and he can continue to live in the UK. However, he must have some identity document to present to the UK Border Agency to do so.
Customer: replied 1 year ago.
The Home Office has seized his alien passport. All his EEA visas and Permanent resident visas are in the alien passport. I assume by identity documents you refer to a travel document that has not expired?
Expert:  Buachaill replied 1 year ago.
9. Why has the Home Office seized his alien passport? Or why cannot he return to Estonia to get a fresh passport? We have been beating around the bush with the real issue here.
Customer: replied 1 year ago.
The alien passport that was issued in Estonia expired in June 2016, there was an assumption that the the passport could be re-applied for here in the UK Estonian Embassy. However, when the embassy were contacted to renew the stateless passport they advised that Embassy could not renew this. The passport was that of a person who is stateless and not an Estonian citizen and therefore could not be issued in an overseas Embassy. They have advised they are happy to issue an ASL.2150 to support his application for a stateless person in the UK. Due to the lack of a valid visa and travel document the Home Office seized the travel documents and issued him with an IS96
Expert:  Buachaill replied 1 year ago.
10. Here the father should get a stateless person visa in Estonia. The refugee convention precludes the UK in granting him a stateless person visa in the UK as Estonia was the first country in the EU which deal with his refugee application. In the UK he must rely upon humanitarian grounds to get accepted to stay. Otherwise he will get deported back to Estonia. It was very bad planning on his part assuming he could get a stateless person visa in an embassy abroad.
Customer: replied 1 year ago.
Thank you although he did not apply under refugee status, he was issued an alien passport (stateless person of undefined citizenship) from birth after the break up of the Soviet Union. He had assumed he could reapply for his alien passport at the Estonian Embassy in the UK, however, the Estonian Embassy have refused this.
Expert:  Buachaill replied 1 year ago.
11. I see. He most likely will have to get a passport document from Estonia. Please Rate the Answer.
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