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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello. I am a British resident with ILR granted in 1992 or

Resolved Question:

Hello. I am a British resident with ILR granted in 1992 or so. My husband is a British citizen, born in South Africa and naturalised in 1999; before naturalisation he, too, was a permanent resident with ILR. I am trying to apply for a British passport for my son who was born in 1997. We don't have the passports from the time of my son's birth, and no letters confirming our nationality status at that time, only before and after. We wish to travel August 8th - help!
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Have you naturalised as a UK citizen?

Or do you simply hold ILR?

Tom
Customer: replied 1 year ago.

I simply hold ILR, and I have a very beautiful stamp in my current passport, but what we need is proof I had ILR on 10 September 1997 (son's birthday).

Expert:  Thomas replied 1 year ago.
Right. I see.

Which documents are you referring to when you say "..only before and after.." in your original post?

Tom
Customer: replied 1 year ago.

My husband has a South African passport with ILR stamped in it issued in 1989, valid until 1994; then his first UK passport issued 1999, valid until 2009. I have only my current ILR stamp in my current passport.

Expert:  Thomas replied 1 year ago.
Hi,

So, your husband has a previous passport issued in 1989 with an ILR stamp in it but this expired in 1994.

Did he obtain a further passport? If so, what has happened to it?

Tom
Customer: replied 1 year ago.

This is the problem. My husband, son and I all lost/were robbed of the passports in this time period. My son has been using his American passport up until now, but we have been experiencing extreme stress getting him back into the UK when we travel because his US PP with his own ILR stamp was stolen. I went ahead and provided seven hundred kabillion documents and nearly as many pounds Sterling for a new No Time Limit stamp to be put into my US passport, but the home office dissuaded us from doing that for my son, since he qualifies for a British passport. They were very nice and said it was cheaper and easier just to get him a British passport instread but that's not proving the case!

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The problem here is clearly with the evidence of either you or your spouse holding ILR at the time of his birth.

Really, this would have been a lot less stressful to attempt to sort out when you did not have travelling deadlines to deal with but I accept that it might be one of those jobs that are always present but never get done.

My view is that you should attempt to make the application for the passport now but with you and your husband attending a local solicitor for them to prepare a pair of statutory declarations explain the circumstances of the application and the background for why you do not hold your passports from around the time.

Each declaration would refer to the evidence that you do have (passport, birth certificates etc) and annex certified copies of them. In particular it would refer to the fact that you both held ILR at the time of his birth but that your passports from that time were stolen. It would also show your husband’s passport which had ILR in it but which expired in 1994 so it would clearly show that ILR was at least held prior to 1997. You should tehn both explain that you have remained resident in the UK ever since.

If you have any other documents (eg. Bank statements, tax records, employer records) which speak to you both being in the UK just before 1997 until now then these should be referred to in the stat dec and annexed to it.

You can then attempt to apply. It will likely be that they raise a requisition on it and either you or they will have to contact the UKBA or go in for an interview in order to establish that your husband’s ILR has not been revoked.

My gut feeling is that you will ultimately be successful in getting his passport but it may take longer than the time you have until you travel.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
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