Lost ILR, please help?

Chips · Post by **Chips** » Wed Mar 23, 2016 5:45 pm

Hello, I have lost my ILR stamped passport many years ago that I received from qualifying through parent's marriage to a UK citizen. I have no other formal documents regarding my status, nothing.

If I submit NTL forms or TOC (not sure which to go for) I assume they would get rejected as no previous evidence can be presented, aside from records of my continuous residence.

I also never received a BRP or Home Office letter. How exactly do I go about this? I am about to get my replacement passport from my country of origin (s.American) which in itself is an arduous task, but I am unsure as how to acquire a BRP or ILR stamp without the requisite paperwork that they ask for, which I don't have.

Would they hold records of issuing me ILR or is my cause hopeless?

Any help appreciated, Thanks.

Post by **noajthan** » Wed Mar 23, 2016 5:51 pm

Chips wrote:Hello, I have lost my ILR stamped passport many years ago that I received from qualifying through parent's marriage to a UK citizen. I have no other formal documents regarding my status, nothing.

If I submit NTL forms or TOC (not sure which to go for) I assume they would get rejected as no previous evidence can be presented, aside from records of my continuous residence.

I also never received a BRP or Home Office letter. How exactly do I go about this? I am about to get my replacement passport from my country of origin (s.American) which in itself is an arduous task, but I am unsure as how to acquire a BRP or ILR stamp without the requisite paperwork that they ask for, which I don't have.

Would they hold records of issuing me ILR or is my cause hopeless?

Any help appreciated, Thanks.

Try a SAR to see what they have on you:
https://www.gov.uk/government/publicati ... mmigration

Chips · Post by **Chips** » Wed Mar 23, 2016 6:01 pm

I have no HO, port reference numbers or previous passport numbers to submit, only mine and family's name. Will this suffice as the only information I can provide?
I am not sure which request to make either, I'm guessing the Home Office files (Port, NASS) option?

Finally, do I enclose my only passport or just a photocopy?

Many thanks.

Post by **noajthan** » Wed Mar 23, 2016 6:24 pm

Chips wrote:I have no HO, port reference numbers or previous passport numbers to submit, only mine and family's name. Will this suffice as the only information I can provide?
I am not sure which request to make either, I'm guessing the Home Office files (Port, NASS) option?

Finally, do I enclose my only passport or just a photocopy?

Many thanks.

Not sure. Try all options - see what you get back.

No, don't send original passport.

Chips · Post by **Chips** » Tue Oct 25, 2016 12:47 pm

Hello, I sent off for my first biometric card, at Glasgow PSC, unfortunately the application was rejected for missing proof of continual residence but more importantly, my passports were never returned.

All of my other supporting docs were given back but my only form of photographic ID were...never returned. I find it mysterious and wonder if anyone can help with advice. I have a rejection letter with receipt of both passports (expired) which I've kept. Anyone have a contact number or email address? Admin error or common practice???

Thanks.

iworker · Post by **iworker** » Tue Oct 25, 2016 2:03 pm

is your visa expired now? If so, the BRP are held back and destroyed.
For passports, it is a new practice to hold them back and are issued when you tell them you are now leaving the country. Alternatively, if you apply again, you can mention that your passport is with UKVI.

Chips · Post by **Chips** » Tue Oct 25, 2016 4:29 pm

Well, I have indefinite leave so no visa needed but I have never had the original BRP, just a passport with NTL stamp that was lost many years ago. H.O now has my last form of ID so I need it for everyday use despite not planning to leave. I do plan to apply again but fear a lack of passport will auto-reject my application and that they are lost in transit.

Do I just need to ask for it back or provide flight tickets to prove im leaving??

Chips · Post by **Chips** » Mon Oct 31, 2016 1:27 pm

Found a form to get passport documents returned

https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

FaeLLe · Post by **FaeLLe** » Mon Oct 31, 2016 3:48 pm

Just because you have indefinite leave to remain does not mean it is permanent.
If home office rejected your BRP because they found you do not meet the continuous leave period they feel that you have been out of the country; if you leave the country for 2 years then they could revoke your ILR and stamp you as a general visitor / reject your BRP.

This is probably what happened, have you been resident since you got the NTL stamp on your old expired passport? Have you left the country since then and applying for BRP now?

ai14a · Post by **ai14a** » Sat Nov 05, 2016 10:30 am

Hello,
Just wonder why you are rejected to transfer to NTL on BPR?

'missing proof of continual residence'
Did you send all your passports since you were granted ILR ?

You didn't send 1 or more passports as required, (maybe you lost old one) and sent some other documents such as council tax bills, but they were not sufficient enough to prove your continuous living in the UK?

You were out of UK more than 2 years.

I am thinking about applying BRP..

Post by **vinny** » Sat Nov 05, 2016 10:36 am

Post by **vinny** » Sat Nov 05, 2016 10:49 am

Chips wrote:Do I just need to ask for it back or provide flight tickets to prove im leaving??

You shouldn't travel before sorting out the problem with NTL.

Post by **vinny** » Sat Nov 05, 2016 11:40 am

The burden of proof (57) may be on you to show that you have been granted ILR.
If they are refusing NTL, then burden of proof may be more on them to show that your ILR has lapsed, e.g. by spending more than two continuous years outside the UK, or was cancelled or revoked.

65 wrote:In light of the analysis set out in paragraphs [40] to [49] above, I am satisfied that counsel for the respondent was wrong to assert that the onus was on the petitioner to vouch that his leave had not lapsed. For the reasons which I have set out, I consider that to state this proposition so starkly is an oversimplification of what ought properly to be a more nuanced approach. I am also satisfied that the respondent has not considered the proper question at any stage in this evolving process and I am satisfied that she has not weighed what the preponderance of the information provided by the petitioner tends to establish about absence from the United Kingdom for any continuous period of two years.

*** Update ***: Lapsed settlement

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