How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7613
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hello. I am a British resident with ILR granted in 1992 or

This answer was rated:

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!

Have you naturalised as a UK citizen?

Or do you simply hold ILR?

Customer: replied 4 years 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).

Right. I see.

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

Customer: replied 4 years 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.


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?

Customer: replied 4 years 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!


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.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas and other UK Immigration Law Specialists are ready to help you

Related UK Immigration Law Questions