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ILR (set LR) - lost details for the BRP for PSW visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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snowysky
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ILR (set LR) - lost details for the BRP for PSW visa

Post by snowysky » Mon Mar 27, 2017 3:28 pm

Dear members,

I hope someone can help shed some light onto this:
When applying for ILR under the Long Residence route, one might have had a number of Biometric Residence Permits (BRP). What if one has all the passports, but does not have details of one of the BRPs (as it was retained and destroyed by the UKBA upon issuance of a new permit)?

# I cannot find a photocopy of the BRP held under PSW visa, and therefore do not have the dates covered by this visa.
# Neither can I find the ORIGINAL Home Office letter advising the approval for this visa, although I do have the photocopy of it.

I was positive that I had these in my records, so have not asked for the Subject Access Request and I was planning to book an appointment for April.

Thank you in advance for your help

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Re: ILR (set LR) - lost details for the BRP for PSW visa

Post by iworker » Mon Mar 27, 2017 4:14 pm

you dont need them.

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Re: ILR (set LR) - lost details for the BRP for PSW visa

Post by snowysky » Mon Mar 27, 2017 4:30 pm

iworker wrote:you dont need them.
Thank you for your reply iworker, although this does puzzle me a little.

Are you saying that I do not need to provide the details for the grant of leave during those two years under PSW, and should supplement the evidence in other forms, or that supplying the UKBA with all of my passports will be sufficient?

Many thanks again

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Re: ILR (set LR) - lost details for the BRP for PSW visa

Post by CR001 » Mon Mar 27, 2017 4:33 pm

You are not required to send evidence of every visa you have held. For Set(LR) you ONLY need ALL your passports. Have you read through the Set(LR) guidance notes??
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Re: ILR (set LR) - lost details for the BRP for PSW visa

Post by snowysky » Mon Mar 27, 2017 4:51 pm

CR001 wrote:You are not required to send evidence of every visa you have held. For Set(LR) you ONLY need ALL your passports. Have you read through the Set(LR) guidance notes??
Hi CR001,

I have read them. And it seems straight forward, i.e. only to submit the current BRP AND all passports held during the 10 years.. Other documents only required when one cannot provide all passports. Have I understood this correctly?

Apologies if this appears very silly. The reason I asked is because a solicitor has advised that not having the evidence to show the legality of my stay throughout the period means that my case will be considered as complicated and therefore there is a chance of it being put through the same review process, making a Premium Service Application pointless. The solicitor has said that the permit is considered part of the "travel documents" - contrary to my understanding that my travel document is purely the passport.

Thank you very much

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Re: ILR (set LR) - lost details for the BRP for PSW visa

Post by CR001 » Mon Mar 27, 2017 5:05 pm

snowysky wrote:Hi CR001,

I have read them. And it seems straight forward, i.e. only to submit the current BRP AND all passports held during the 10 years.. Other documents only required when one cannot provide all passports. Have I understood this correctly? Correct yes.

Apologies if this appears very silly. The reason I asked is because a solicitor has advised that not having the evidence to show the legality of my stay throughout the period means that my case will be considered as complicated and therefore there is a chance of it being put through the same review process, making a Premium Service Application pointless. The solicitor has said that the permit is considered part of the "travel documents" - contrary to my understanding that my travel document is purely the passport. He is talking absolute toddly wash. Hope you haven't paid for such poor advice. It is obvious that HO will have your complete history on their system. A travel document is a PASSPORT. You can't travel around the world with just a BRP.

Thank you very much
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Re: ILR (set LR) - lost details for the BRP for PSW visa

Post by snowysky » Mon Mar 27, 2017 5:41 pm

Thank you very much CR001 for confirming! You guys have done a really splendid job clarifying things for us applicants.

No, thankfully I am not using his service - a friend who's also applying for ILR is. The "information" that I have heard from them is really doing my head in. My friend is convinced that the solicitor is being very helpful - he apparently has many good reviews and is thoroughly recommended.

Best to do it myself I think, with the help of this forum and the UKBA guidance notes of course!

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Re: ILR (set LR) - lost details for the BRP for PSW visa

Post by CR001 » Mon Mar 27, 2017 6:34 pm

Absolutely, free advice 24/7 (just about) here on the forum so feel free to continue here and ask questions if you have any.
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Re: ILR (set LR) - lost details for the BRP for PSW visa

Post by snowysky » Thu Mar 30, 2017 1:21 pm

Hi everyone,

Hopefully someone can help clarify this.

I can now see the point raised by my friend:
30/3/2011 - end of my student visa
28/03/2011 - application for PSW sent via recorded delivery (no proof for this, I just remember the date as it was my friend's birthday)
31/05/2011 - UKBA's approval letter for PSW

The question that he said might be raised was that, if the start of the PSW visa was only two months after the finish of my visa, then what permission did I have for those two months?

My answer: It should be okay because my stay then was legal as I submitted the application before the expiry of my student visa. And I think it makes sense for the Home Office to grant leave on my PSW to cover the period from which I actually applied.

But it does make me worry a little now.

Many thanks in advance for your feedback :wink:

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Re: ILR (set LR) - lost details for the BRP for PSW visa

Post by CR001 » Thu Mar 30, 2017 2:30 pm

Your student visa conditions would have continued while HO processed your PSW. For postal applications, the date of posting is the date of application.
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Re: ILR (set LR) - lost details for the BRP for PSW visa

Post by snowysky » Thu Mar 30, 2017 2:33 pm

Yep, definitely ok as the application was sent before the expiry of the student visa.

It is called extended leave by section 3C under the Immigration Act 1971.

Thank you all :)

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Re: ILR (set LR) - lost details for the BRP for PSW visa

Post by snowysky » Thu Mar 30, 2017 2:35 pm

CR001 wrote:Your student visa conditions would have continued while HO processed your PSW. For postal applications, the date of posting is the date of application.
Thank you CR001! I do feel like I owe you a cuppa! :wink:

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