Help ! Lost Passport with my ILR U.K. Visa in Spain

[Linda2uk]

My handbag was stolen in Barcelona on the 1st February. I lost all my valuables and my Chinese passport together with my U.K. ILR (so called settlement) visa. It's a paper based sticker visa attached on the visa page of my passport.

I reported to the local police, and applyed for a temporary passport, i.e. Travel documen from Chinese consulate in Barcelona, I went to Madrid UK visa center and submitted my application with priority service €183 and €298 application fee. I was told the visa would be expected in 5-7working days. However, by now, I have been waiting over a month for my visa.

Could anyone shed some light if I applied the correct visa type? I applied for Vignette Transfer Visa with priority service. Because my ILR visa lost was a paper based sticker visa. I obtained this visa in 2011.

However, I saw some online info saying that Replacement of BRP is the right type of visa irrelevant whether th penvisa lost was paper based sticker visa or BRP card.

I was told by some people that Vignette transfer visa is a difficult one and the processing time can be very long. I did many query online on the progression of my Visa application, but not be able to hold any useful info on how long it will take? And which category my visa application is in 'non-settlement' or 'settlement'?

Please help! ....should I reapply another type of visa? If so which one I shall apply? Many thank !

[CR001]

Have you contacted the centre/office where you applied??

[Linda2uk]

Yes, I have contacted the Madrid U.K. Visa center. I was told that they are only responsible for passing application to visa and immigration office in U.K. They don't deal with the case or any query. All the query shall be made online via U.K. Visas & immigration websites.

I did many query, but not very specific info was given. I was only told the decision on my case is delayed, they're verifying my application, and ask me keep checking online fornan update.

I stuck in Spain over 40 days now... I am very stressed and don't know what was wrong. Therefore I want to understand first if I have made the right type of visa application. Could anyone answer the question for me?

[CR001]

You should have probably applied for a single entry replacement visa and sort out your ILR when back in the UK.

[Linda2uk]

I didn't know where to select the single entry replacement visa type in application? Is there this type of visa type to apply?

Could you share some light, What Vignette visa and Replacement of BRP visa for? Are they Aldo a temporary visa? Or not? Many thanks.

[Linda2uk]

Does anyone one know which one to apply if lost sticker based UK settlement visa oversea? Vignette transfer visa visa or Replacement of BRP?

What's the difference ?

[vinny]

They may refuse an application for a replacement BRP visa, as they had never issued you any BRP to begin with.

[vinny]

See also Indian passport with ILR - LOST.

Transfer visa may also be an alternative.

[Linda2uk]

Thank you very much Vinny,

I have applied the Vignette transfer visa a month ago in Spain. But haven't got the visa yet. I asked the local MP to query my case two weeks ago , but no detail info was obtained. It seems I am stuck in the system and don't know how long it will be, and have no control of nit.

Do you think that I should withdraw my current application and get my Chinese Travel Document back and apply for the Returning Residence visa to get back to U.K.?

What the local MP can do to help me to get this Visa?

Many thanks for your help. I am completely alone in Spain waiting for my visa over a month, you can imagine how stressful and despair I am feeling...now it seems I can find some hope here.

[vinny]

What evidence did you submit showing that you had ILR and that it didn't lapse? They may be trying to verify your status.

[Linda2uk]

What evidence did you submit showing that you had ILR and that it didn't lapse? They may be trying to verify your status.

Dear Vinny,
I didn't provide any supporting info like copy of lost passport and ILR visa, and my employment letter. Because I Didn't know I need to provide this. But in the application I gave the details of my ILR visa , such as date of issue, number, etc. I only provided the police report. However, I was not asked to provide these info at the Madrid UK visa center.

I did email or phone the home office to request to provide these supporting documents later, but I was not given any channel or chances. The reply from the phone call saying it's not necessary, the immigration officer would contact me if they need further info. However, the reply from email saying they do not accept any supporting documents after the submission of the application. I asked the MP office to pass by these info, but I don't know if they managed. It's very unlikely they have done so.

But I think they should have my records in the system...
I don't know what to do now... ? the MP office seems did not make much effort...

[vinny]

Hopefully, they should find your records. But it may take time.

[Linda2uk]

Dear Vinny,

Do you have any recommendations? Should I just waiting? I don't known how long this would take ?

Any thing I can do to move this forward? Is that possible to take train to arrive at the territory of U.K. And sort out a temporary entry visa there? Of course, this would mean withdrawing current application.

[vinny]

Another poster who lost the BRP was also having problems. Try contacting a Chief Immigration Officer at your destination port for further advice or authority to travel.

[Linda2uk]

Dear Vinny,

In which reason I shall convinced the chief immigration officer at the destination port to authorise my entry? How to find the contact info of the chief immigration officer?

Can I pass the immigration officer in Spain when I leave for a non-European shengen country?

Any possibility arrive U.K. by train ?

Linda

[vinny]

See also Contacts (Border Force). Hopefully, a Chief Immigration Officer should be able to access your Immigration records on his computer.

[Linda2uk]

See also Contacts (Border Force). Hopefully, a Chief Immigration Officer should be able to access your Immigration records on his computer.

Dear Vinny,

Many thanks for the contact link. The number for UKBA is the same as for the UK Visa And immigration, it's difficult... how to reach the chief immigration officer directly? ...

My case is similar to the one you share the link with me on lost BRP. I got also an reply saying '' unfortunately, your case is not straightforward "... no other detail info is given... I don't know if I can see hope in the end...

I would like to undertand any alternative way... to land or enter the U.K. Boarder... then sort out temporary entry visa there...

The previous post you shared related to airline liability... the corresponding info from UKVI has been withdrawn in April 2016... do you know if any recent case people using that method and succeed it?

[vinny]

I would like to undertand any alternative way... to land or enter the U.K. Boarder... then sort out temporary entry visa there...

Yes, if you could reach a UK port and satisfy a UK Immigration Officer that you are a Returning Resident.

[Linda2uk]

I would like to undertand any alternative way... to land or enter the U.K. Boarder... then sort out temporary entry visa there...

Yes, if you could reach a UK port and satisfy a UK Immigration Officer that you are a Returning Resident.

Dear Vinny,

Many thanks. Is that returning residents visa is a temporary visa I maybe able to obtain at a U.K. Port? If I present a valid travel documents, a copy of lost passport and ILR visa, a police report, and an employment letter from my company?

If my formal visa application was refused, can I still try the above method? Or it would be difficult. In that case, I may stand better chance to withdraw my current application and try the above method first?

[vinny]

What evidence did you submit showing that you had ILR and that it didn't lapse? They may be trying to verify your status.

Dear Vinny,
I didn't provide any supporting info like copy of lost passport and ILR visa, and my employment letter. Because I Didn't know I need to provide this. But in the application I gave the details of my ILR visa , such as date of issue, number, etc. I only provided the police report. However, I was not asked to provide these info at the Madrid UK visa center.

The staff at the Madrid UK visa centre may not know what evidence they require in your case. I suspect that your application is not straightforward probably because of insufficient evidence. They may need to verify of your employment with your employers to make certain that your ILR hasn't lapsed. Unfortunately, some ECOs may simply refuse instead of requesting additional information, in line with their instructions:

If the applicant does not produce evidence, or the evidence produced is inadequate to show that he / she fulfils the qualifying requirements of a category in the Rules, then a refusal will usually be appropriate.

So, their advice about waiting for the ECO to request information and not to provide additional evidence without their request is contrary to the ECO's instructions. I suggest that you write to them now, giving your application reference, and employment letter/details, plus copies of lost passport and ILR sticker, etc. The more evidence of your residence in the UK you can provide, the better.

[vinny]

See also 2. ECB17.2 Replacing a visa (or leave) where this has been lost or stolen (excluding 30 day short validity (travel) vignettes).