No - the registration card remains valid in his old passport - he'll just have to travel with both. This of course presumes that the registration card has survived the washing machine, but as you say, everything seems to be intact.

No - his rights do not depend on possession of a valid residence card - he's got them anyway. It's just easier to prove them when he has a residence card.

Again: no. By virtue of being married to you (and you continuing to be a "qualified person") he has the right to work.

I would always note down what you have been told over the phone (including date and time of the day, plus as much of their name as they are willing to divulge) as it may at some stage be handy to support your claim/complaint that you have been given blatantly wrong information.

Good luck!
Sebastian

 

Is that what Americans have to do? Mhm - yes, I see the problem... I have a whole pile of old German passports - they just have been clearly marked as no longer being valid.
I know nothing about this, but I would call the American embassy to find out whether there's a way around this. They must have had this kind of situation countless times, and maybe there is a solution.
Sebastian

 

Usually you can get it back invalidated, e.g. with a corner of the picture cut off. You should try to clarify that before you hand over the old passport.

If you can't get it back, things are more difficult. You could cut out the page with the residence card, and keep it. Theoretically it is valid on its own, but it may take some convincing.

 

Your husband is allowed to travel while the application is in progress. Even the people at the HO phone lines have mostly realized this by now. You can ask for the passport to be returned once you submit the EEA2 application, and nobody is *supposed* to stop him as long as he can prove that he's married to you and that you are a qualified person in the UK. In practice, they usually insist that he gets a new Family Permit, and if that is an option, it might be easiest.

I'm no legal expert and don't know whether such a stamp would have any kind of impact - but the fact that you are exercising treaty rights under EU Directive 2004/38 should give him the necessary right anyway. If it comes to this situation, the free signpost service should be able to advise.

I'm not sure there is a (good) reason for many things the IND does (or does not do). ;-)

I know exactly how you feel. I had to postpone such a trip myself. If I had known back then what I know now, I would have travelled anyway. If you have enough support for the claim that you two are married and particularly if you travel together, you may get some delay at immigration, but they will have to let you through. It's the law, and even the most stubborn immigration officer should realize that at some stage...

Sebastian

 

Yep - thought so. Know that situation, too... ;-)
I was once advised by a UK-Visas employee to contact the immigration officer of the entry point through which I was going to come back with my wife *before* leaving the country. They would be able to tell me how they treat situations like this. I don't really know what to make of this - because *all* immigration officers should really do the same thing, i.e. follow the immigration law. But it might not hurt to try anyway...
I would still think that the US consulate will return his document...
Good luck!
Sebastian

 

I would do the following:
- copy the whole old passport (all pages where is something written)
- apply for a new passport
- ask the old passport back, fully invalidated, except for the page with the still valid EEA2 (who knows they will cooperate), as this is a general practice for full or expired passports with a still valid visa
- apply for the EEA2, which should be easy to issue with the same validity as your partners EEA1
- ask your passport back while the EEA2 is in process
- US citizens have visa free travel, but take the old passport (is you got it back) or its copy and the marriage certificate, as well as your French partner with the EEA1.

I do not think you should have any problem traveling to France and back.