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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2105
Experience:  I am a qualified solicitor and an expert in UK law.
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What is the right legal procedure to do in case of losing passport

Resolved Question:

What is the right legal procedure to do in case of losing passport with an Indefinite leave to remain stamp in it,abroad? how can get a visa to come back to the UK ?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : Do you still have the Home Office letter which came with your endorsement?
Customer:

yes and photocopy of ILR

Awan-Legal : Ok just give me a moment while I type up your answer.
Customer:

ok

Awan-Legal : The UKBA requires as follows:
Awan-Legal : ECB17.2 Replacing a visa (or leave)If the applicant loses or has their passport and visa stolen, we are issuing a replacement visa (or leave) leave and the full fee is required. If the applicant applies for a replacement visa (or leave) you will need to see a police report or other evidence that satisfactorily establishes that the passport is no longer in their possession This also applies if an applicant had 'leave to remain' granted in the UK and are now applying to have it replaced overseas. If required, you may ask for supporting documentation to establish that their circumstances have not changed. ECOs may need to refer to Evidence and Enquiry to obtain information on an applicant's leave validity granted in the UK.In the case of the loss of a Home Office travel document the ECO may have to consider issuing a UFF. See ECB8.13.10 How to deal with the loss of Home Office travel documents for further information.
Customer:

What form should be submitted?

Awan-Legal : I will copy the link as follows:
Customer:

Is fresh application required for lose of ILR as with Limit time visa?

Customer:

are you still here?

Awan-Legal : http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/transfer-form.pdf
Awan-Legal : The fee is £102
Customer:

this is a wrong form as it should be completed if the visa still available

Customer:

to transfer it to a new passport

Customer:

are you an immigration lawyer?

Awan-Legal : Yes - you can use this where the passport is lost too but must include a lost passport report too.
Customer:

if you read the blue box in the form you will know that its not the right one

Customer:

I think the right form should be returning resident, do not you think?

Customer:

VAF4B

Awan-Legal : The corresponding form in the UK is the NTL and the UKBA lists the form above as the one for transfer to a new passport including where the previous passport/ILR has been lost.
Awan-Legal : in-uk/transfer-visa-to-passport/
Customer:

so can i use that application if i had my ILR lost?

Awan-Legal : Yes the one I listed previousltransfer vaf) - are you abroad on holiday or moved abroad to settle there?
Awan-Legal : The form confirms on page 1 that this is for transfer of leave onto a new passport and includes where it has been lost.
Awan-Legal : The returning resident is for if you moved abroad with the intention to not return to the UK but are now returning within 2 years of when you left.
Customer:

it says if i can not submit the original visa then i should submit a fresh application

Customer:

read the blue box on the first page of the form please

Awan-Legal : My apologies - you should however submit the returning resident form as a fresh application since you have lost the profinal
Awan-Legal : Original
Awan-Legal : Sorry I just typed that as you did.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and 2 other UK Immigration Law Specialists are ready to help you
Expert:  UK_Lawyer replied 2 years ago.

Hi thank you for your question.

 

I agree with my colleague, you will need to obtain a new passport and apply for a returning residence permit to be endorsed on that passport.

 

If you are unclear regarding which form you require, you will need to contact the relevant British Embassy/ High commission in your home country informing them of what has occurred and ascertaining from them what documents you will be required to submit.

 

I hope I have answered your question. If so, kindly click ACCEPT. If you do not, I do not get paid for my time.

 

Kind regards.

 

 

Customer: replied 2 years ago.

Is returning resident is the right form to apply even if i can it provide the original stamp (ILR sticker) ?

 

What if the embassy will say you should sumbit a fresh application for settlement ?

 

what does law say about such a situation ?

Expert:  UK_Lawyer replied 2 years ago.
Yes unfortunately, u have to submit a returning resident form, I have confirmed it with the ukba here in England.

Unfortunately we can not state what process the embassy would like for you to take to provide evidence of your ILR. I would suggest contacting them and following their process as it is them whom will male the decision on your application.

I hope I have answered your question. If so kindly click ACCEPT.

Kind regards
Customer: replied 2 years ago.

So I do not have to submit a settelement application as If I am coming to the UK for the first time?

 

If returning resident form submitted and prove that I had ILR last left the UK, Is the ECO able to refuse my application as i lost my passort which had ILR on it?

 

As i read at UKBA website says in case of losing the visa, equivlent fresh application is required !

In my case I had ILR, Is the equivlent application the returning resident?

 

 

Thank you

Expert:  UK_Lawyer replied 2 years ago.
Yes you do not need to submit a fresh application and in your case you do have ILR all the UKBA want you to do is follow their procedure . Please ensure you contact the British embassy and follow their requirments.

Yes the fresh application would be the returning residents application.

I hope I have answered your question. If so, kindly click ACCEPT, if you do not I will not get credited for my time.

Kind regards,
Customer: replied 2 years ago.
Can they refuse the application even if they made sure that I had ILR ?
Expert:  UK_Lawyer replied 2 years ago.
No if you provide all the required documents and fill in the form correctly then they should not refuse your application. However, as I am not the decision maker I am unable to give you a definitive answer, but if you follow all the requirements then they will allow your application.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,
UK_Lawyer, Solicitor
Satisfied Customers: 2105
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you

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