I need my documents returned to me

Dear Mr Bassie,

I applied for British citizenship and I sent in some important documents that I will need returned to me. Will I be able to get these back?

- SO

Dear SO,

It is possible for a person who has made an application to the British authorities with respect to visa, immigration or citizenship to get back their documents.

A person can ask for his/her passport and other documents to be returned if they were sent with the application, but are needed to be returned urgently. The way in which this is done will depend on whether the person applied in the United Kingdom or not, and what type of application had been made. A person might have to cancel his/her application, but that person will be told to do this when that person asks for the return of his/her documents.

If a person has applied from outside of the United Kingdom, then he or she should contact the visa application centre from where the application was made. However, if the person has applied from within the United Kingdom, then he/she should complete the online form to have the documents returned.

The request for return of documents and withdrawal of application form is used to withdraw applications made in the United Kingdom or to ask for documents to be returned. A person cannot use this form if he/she just wants to enquire about the progress of the application, if the application was made from outside of the United Kingdom, if an application for asylum was made, or if that person was informed that the application was refused.

It should be noted that if the application was refused, then the instructions of the immigration compliance and enforcement team should be followed. Just as a point of interest, there are nineteen immigration compliance and enforcement teams across the United Kingdom. They work with the public and alongside police, HM Revenue & Customs, local authorities and other local partners.

ENSURING COMPLIANCE

It has been stated that their purpose is to ensure compliance with immigration laws for the benefit of the community and the economy, and to enforce immigration law, and this includes tracking down illegal migrants and targeting companies that employ workers illegally. Each immigration compliance and enforcement team has a leader, who is the local point of contact for any query. The team works with the community, developing the local knowledge that may be needed to tackle the area's specific needs and to understand and address migration's local impact.

If an applicant's documents have been lost in the post, he/she should contact the courier concerned directly. Generally speaking, the British authorities will aim to return documents within 10 working days. However, this may not be possible in all circumstances and the return of your documents may take more than 10 working days if: the request for the documents was made within ten working days from the date that the application was submitted; if the authorities are unable to identify the application from the information that had been provided in the form; if unable to identify which documents are required from the information provided in the form; if the authorities need to contact the applicant and are unable to do so using the details that had been provided on the form.

FURTHER CHECKS

Also, there may be delays if the authorities need to undertake further checks on the application or documentation; the address provided on the form does not match the address on the authority's records; or there may also be times when the authorities are exceptionally busy, and as a consequence, it will take longer for documents to be returned.

It should be noted that the British authorities may refuse to return a person's documents if there is an outstanding criminal prosecution against the applicant or if the person had applied for citizenship; then his/her Knowledge of Life certificates will not be returned if the application is successful.

When making the application for the return of the documents, the following information will be necessary to process the request: The reference number should be used. This could be a Home Office reference number, payment reference number or Royal Mail or courier reference number. This will be used to help find the original application and supplying it will enable the request to be processed faster; the main applicant's full name as it appears on that person's passport. This is the person named on the application as the main applicant. Please enter that name in full as it appears in the passport; the main applicant's date of birth; the main applicant's nationality; email address; and contact telephone number.

If the authorities need to contact the applicant to discuss the request, then they will contact the applicant by email or phone. If the applicant has not provided contact details, it may cause a delay in contacting that person.

If the applicant needs to cancel the request to have the documents returned, this should be done by completing the cancellation form. Please take note that a cancellation request cannot be entertained if the return request has already been processed.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email lawbassie@yahoo.com.