Leave to Remain with Expired passport

[Jjbakerr]

Hi there,

My close friend is about to apply for leave to remain as a parent without the use of a lawyer.
He does not have a valid passport and the current wait time for the new one is one month.
he does not have a national identity card also.

Can he apply using super priority with a photocopy of his old passport,
or,
can he apply without a passport atall?

[CR001]

He needs a passport and a valid one at that or proof and explanation of renewal of passport and why it wasn't done sooner.

What is your friends current immigration status?

[secret.simon]

If you are outside the country/ies of nationality, you are expected to have a valid current (non-expired) passport.

Your passport defines your ability to live outside your country/ies of nationality. Exceptions exist for those who *can't* obtain a passport (such as refugees), but the general rule is that a non-British citizen living in the UK is expected to have a current passport.

There are some exceptions among closely allied countries (within the EU, EU citizens could possibly get away with an expired passport of another EU member-state; countries like Australia and New Zealand, which work closely together, may allow the other's citizens to reside in their country without a current passport), but the general rule mentioned above remains.

[meself2]

How long ago did his passport expire?

As stated above, passport states your identity and nationality - unless you can't get it, you have to have a valid one on you.
He should have applied in advance to ensure his legal stay. A month is not even that much - I waited for almost 3 months to get my national passport.

[Jjbakerr]

Thanks for all the responses.

His Passport expired about 5 years ago and he has no valid form of immigration leave.
After reading the responses, he has decided to wait a month until his passport is issued before making the FLR application. I just thought I'd check with the forum as a friend advised that it was possible to apply without a passport as long as a reason is provided.

Also regarding his application, he's applying to stay as a parent of a British child. I consider this a straightforward application, hence why we've decided he uses the super-priority option.

Any comments on this?

I would really appreciate any input as this forum helped me during my case about 2.5 years ago which was a lot more complicated than his.

[Ticktack]

Thanks for all the responses.

His Passport expired about 5 years ago and he has no valid form of immigration leave.
After reading the responses, he has decided to wait a month until his passport is issued before making the FLR application. I just thought I'd check with the forum as a friend advised that it was possible to apply without a passport as long as a reason is provided.

Also regarding his application, he's applying to stay as a parent of a British child. I consider this a straightforward application, hence why we've decided he uses the super-priority option. Nope it's not a straightforward application. He's been living illegally in the UK for a long time. Don't waste money on super-priority. Also prepare him form a long battle. You definitely would need a solicitor in my opinion.

Any comments on this?

I would really appreciate any input as this forum helped me during my case about 2.5 years ago which was a lot more complicated than his.

[Jjbakerr]

i have read of an overtayer using the super priority service on this forum and was successful. Also i know of someone who applied under the same route parent of a British child , who was successful using super priority.

My understanding is that having a british/qualifing child and there's no public interest in removal, then it shouldn't be very difficult to regularise his stay.

Not sure how this should be a long battle...

[Ticktack]

i have read of an overtayer using the super priority service on this forum and was successful. Also i know of someone who applied under the same route parent of a British child , who was successful using super priority.

My understanding is that having a british/qualifing child and there's no public interest in removal, then it shouldn't be very difficult to regularise his stay.

Not sure how this should be a long battle...

It was just an advise, you're always free to do what you want. Keep us posted, as others can learn from it.

In my opinion, what's good for the goose isn't always good for the gander!