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ILR and passport expiry

Posted: Fri Apr 01, 2016 8:00 am
by dazzle
I posted this in the ILR forum, but thought I might try here as well...

Hello all,
My wife successfully applied for ILR in January 2015 and has a BRP.
Her foreign passport expires in 2017, and she is delaying applying for BC until 2019 (10 years after false representation).
Does she really need to renew the passport, now that she has ILR? Will the ILR become invalid if the passport expires? And if she does allow it to expire, will it affect the eventual BC application?
She has already renewed the passport once whilst in the UK, and it is very time consuming and expensive, as it requires her to travel to London twice, so it would be much easier if a renewal is not required. But she will do it if necessary.
Thanks for any advice.

Re: ILR and passport expiry

Posted: Fri Apr 01, 2016 9:21 am
by CR001
She needs to submit a passport with citizenship application. If the passport has expired, she will have to submit substantial documentation to prove that she was resident in the UK while not having a valid passport.

She also has to send all foreign uncancelled passports with her British passport application.

There might be delays in her citizenship/passport applications given that HO/HMPO are getting tough on proving identity etc. and might need to do extra checks.

This is as the rules stand now, anything could change and become harder by 2019.

And of course, if there is any emergency travel, she won't be able to travel without a passport.

Re: ILR and passport expiry

Posted: Fri Apr 01, 2016 9:30 am
by dazzle
Thanks for that.
I will make sure that she gets it renewed.

320 (7B) - 10 years

Posted: Sat Apr 15, 2017 8:30 am
by dazzle
Hi all,

I've just been looking again at the gov website for passport applications. I'm specifically looking here:

"Where an applicant has used deception in a visa application, the automatic refusal period is dated from the date (in which deception was used) was refused."

My wife used a false identity to get 2 short stay visas in 2008, both of which were successful. Both for holidays.

In December 2009 she applied for a spouse visa and voluntarily disclosed everything in the application. This was initially refused, but then overturned at the AIT.

So there isn't a refusal date where deception was used.

Can anyone advise when the 10 years would start?

Thank you

Re: ILR and passport expiry

Posted: Sat Apr 15, 2017 9:12 am
by vinny

Re: ILR and passport expiry

Posted: Sat Apr 15, 2017 9:16 am
by vinny
320(7B) isn't applicable to her anymore. However, she should wait until Dec 2019 before applying for citizenship.

Re: ILR and passport expiry

Posted: Sat Apr 15, 2017 9:18 am
by dazzle
Thanks. I had just noticed I was looking at completely the wrong section.
I thought something may have changed since I queried it last year, but I was mistakenly looking at the visa section.