Lost passport with PBS Tier-1 visa in India, please Help!!!

[Prashatt]

Thanks mvent00.

I have forwarded a letter to BHC, providing them with all the details like Police FIR, copies of valid tier(1) visa, passports, P60, payslips... et al
and marked the envelope as "Urgent", the biggest problem is "urgent cases" take up to 6 months to process(as per the super-tight security at BHC).

We can't fix an appointment with BHC officials in case of urgent matters like this. VFS is just like the courier, call-centre service for BHC and apart from that there is no help at all. BHC has a visa helpline which gets picked up if its your lucky day, at all other times it gives out VFS helpline numbers.

Somebody from this forum said that getting a visa transfer done is easy once you reach UK and show all the necessary documents at entry point.
Thats great really speaking, but I can not enter the flight without a visa stamp on my passport as per Mumbai Airport Manager. I am trying to figure out if I can visit UK on any visitor/business visa & get the tier(1) visa transferred onto my new passports once I am in UK. But the UKBA rules won't allow me to get in to UK on these visas.

I don't know what to do in such a situation!!!

[tipu20]

Hi Prashatt

Really sorry to hear that BHC is giving this answer to as their own document http://www.ukvisas.gov.uk/en/ecg/ecbasi ... tonewpassp is clearly telling different story.

I will suggest you to contact the UK BA via telephone or e-mail, or contact the case worker directly who initially or at the time of extension approved your case and raise a formal complaint with Home Office for this issue.

Also what's the possibility that you book a vintage transfer appointment via VFS and send all your documents and print out of the above link, I know it will be costly option but if you get lucky you will have better chance or consider an option of professional immigration lawyer in the light of above document.

Good luck.

Tipu

[meats]

Hi Prashatt

Really sorry to hear that BHC is giving this answer to as their own document http://www.ukvisas.gov.uk/en/ecg/ecbasi ... tonewpassp is clearly telling different story.

I will suggest you to contact the UK BA via telephone or e-mail, or contact the case worker directly who initially or at the time of extension approved your case and raise a formal complaint with Home Office for this issue.

Also what's the possibility that you book a vintage transfer appointment via VFS and send all your documents and print out of the above link, I know it will be costly option but if you get lucky you will have better chance or consider an option of professional immigration lawyer in the light of above document.

Good luck.

Tipu

THat link says under ECB17.1:

"If, however, the applicant loses or has their passport and visa stolen, we are issuing a replacement visa and the full fee is required. If the applicant applies for a replacement visa you will need to see a Police report and all supporting documentation."

[push]

Hi Prashatt

Really sorry to hear that BHC is giving this answer to as their own document http://www.ukvisas.gov.uk/en/ecg/ecbasi ... tonewpassp is clearly telling different story.

I will suggest you to contact the UK BA via telephone or e-mail, or contact the case worker directly who initially or at the time of extension approved your case and raise a formal complaint with Home Office for this issue.

Also what's the possibility that you book a vintage transfer appointment via VFS and send all your documents and print out of the above link, I know it will be costly option but if you get lucky you will have better chance or consider an option of professional immigration lawyer in the light of above document.

Good luck.

Tipu

Please read the page carefully - it clearly differentiates between transferring VISA from an expired passport and replacement VISA in case of a lost Passports. What BHC and VFS is saying is correct per the UKBA provisions in this regard. I posted earlier as well in this regard. I dont know if we are discussing what the way out for the OP is or the alleged irrationality of the UKBA procedures here.

[mvent00]

Please read the page carefully - it clearly differentiates between transferring VISA from an expired passport and replacement VISA in case of a lost Passports. What BHC and VFS is saying is correct per the UKBA provisions in this regard. I posted earlier as well in this regard. I dont know if we are discussing what the way out for the OP is or the alleged irrationality of the UKBA procedures here.

Yes Push, initially I was also thinking same as you, but based on these laws about stolen/lost visas/passports, which I came across for the first time, I hope OP will have a positive outcome in the end.

[tipu20]

I personally think there is still chance for OP, see below.


ECB17.1 Visa transfer or visa replacement?

Where an applicant's passport expires during the validity of a multi-entry visa the visa may be transferred to the new passport at their request.

The transfer fee will therefore apply. If, however, the applicant loses or has their passport and visa stolen, we are issuing a replacement visa and the full fee is required. If the applicant applies for a replacement visa you will need to see a Police report and all supporting documentation. This also applies to replacement 'leave to remain' granted in the UK.


ECB17.3 Visa endorsement

Transferring or replacing leave is not a fresh application.

You should endorse the vignette 'TO COMPLETE STAY WHICH EXPIRES ON XXXX'


Regards,

Tipu

Hi Prashatt

Really sorry to hear that BHC is giving this answer to as their own document http://www.ukvisas.gov.uk/en/ecg/ecbasi ... tonewpassp is clearly telling different story.

I will suggest you to contact the UK BA via telephone or e-mail, or contact the case worker directly who initially or at the time of extension approved your case and raise a formal complaint with Home Office for this issue.

Also what's the possibility that you book a vintage transfer appointment via VFS and send all your documents and print out of the above link, I know it will be costly option but if you get lucky you will have better chance or consider an option of professional immigration lawyer in the light of above document.

Good luck.

Tipu

Please read the page carefully - it clearly differentiates between transferring VISA from an expired passport and replacement VISA in case of a lost Passports. What BHC and VFS is saying is correct per the UKBA provisions in this regard. I posted earlier as well in this regard. I dont know if we are discussing what the way out for the OP is or the alleged irrationality of the UKBA procedures here.

[meats]

tipu20,

But his visa isn't being transferred according to the UKBA as he lost his passport, the passport hasn't expired and he's not in possession of it. Therefore he'll have to re-apply. At a guess i'd say that this is to try and prevent people from 'swapping' passports once they've got a valid visa. If it was free then change the photo over and away we go, whack on a fee for it and there's less of an incentive.

[mvent00]

tipu20,

But his visa isn't being transferred according to the UKBA as he lost his passport, the passport hasn't expired and he's not in possession of it. Therefore he'll have to re-apply. At a guess i'd say that this is to try and prevent people from 'swapping' passports once they've got a valid visa. If it was free then change the photo over and away we go, whack on a fee for it and there's less of an incentive.

If, however, the applicant loses or has their passport and visa stolen, we are issuing a replacement visa and the full fee is required. If the applicant applies for a replacement visa you will need to see a Police report and all supporting documentation. This also applies to replacement 'leave to remain' granted in the UK

Based on this quote from immigration laws OP qualifies for a replacement visa. This is the beauty of law that it provides remedies for genuine troubles.

[meats]

tipu20,

But his visa isn't being transferred according to the UKBA as he lost his passport, the passport hasn't expired and he's not in possession of it. Therefore he'll have to re-apply. At a guess i'd say that this is to try and prevent people from 'swapping' passports once they've got a valid visa. If it was free then change the photo over and away we go, whack on a fee for it and there's less of an incentive.

If, however, the applicant loses or has their passport and visa stolen, we are issuing a replacement visa and the full fee is required. If the applicant applies for a replacement visa you will need to see a Police report and all supporting documentation. This also applies to replacement 'leave to remain' granted in the UK

Based on this quote from immigration laws OP qualifies for a replacement visa. This is the buty of law that it provides remedies for genuine troubles.

And the full fee is still required, which is what i believe the OP was whinging about earlier no? He won't have to re-apply which was the other thing i think but still has to pay for it again.

Should've taken a bit more care with a valuable document, i know that if my passport isn't in the hotel safe when i'm on holiday it's with me.

[tipu20]

Hi thanks for the comment,

I think he is transfering the visa, The transfer of condition is available when one is in UK and clearly explain what to do if you lost the passport and outside of the UK same transfer service should be available.

However i guess guidence is not available on how one could apply for this transfer outside of the UK using VFS. On the other hand the transfer visa form clearly says that don not apply using this form if your orignal passport is lost or stolen but guidence for EC officer is available to deal with such scnerio and clearly explain that same rule needs to be applied for 'Leave to remain (extension)' in the UK

I agree with you on people swapping passports but UK BIA have finger print and later will have ID card to trace such candidates


I think there must be some provision, How is the challange at the moment and an expert immigration laywer might have answer or direct communication channel with British High comissioner.

I think there is no harm for OP to take the print of the link and send / e-mail it to British Deputy High comissioner for his comments and also contact UK BIA complaints department

I can't think of visiting outside UK without packing all the bags , if i can't get back to UK after my passport is lost/stolen or burned in fire! , think about your job, bank account , morgage/rent, you will end up being bank corrupt.

Regards,
Tipu

tipu20,

But his visa isn't being transferred according to the UKBA as he lost his passport, the passport hasn't expired and he's not in possession of it. Therefore he'll have to re-apply. At a guess i'd say that this is to try and prevent people from 'swapping' passports once they've got a valid visa. If it was free then change the photo over and away we go, whack on a fee for it and there's less of an incentive.

[mvent00]

And the full fee is still required, which is what i believe the OP was whinging about earlier no? He won't have to re-apply which was the other thing i think but still has to pay for it again.

Should've taken a bit more care with a valuable document, i know that if my passport isn't in the hotel safe when i'm on holiday it's with me.

Indeed he has to pay again the full fee, but it would not be a fresh application.
ECB17.2 Transferring or replacing a visa
Any visa holder seeking to transfer an existent visa to a new passport is not making a fresh application for entry clearance.

[tipu20]

I don't think OP was worried more about paying it again as he have applied for Tier 1 G fresh application and in current condition if he finds a provision to get his orignal visa back. i am sure he will not hesitate, but I will leave it to him what he decide to do.

This unfortunate event can happen to anyone & does not deserve to get punishment of losing everything and start from zero once again !!


Regards,
Tipu

[meats]

He's not transferring the visa though tipu, he lost his passport and as such is getting a new one. If the passport had expired and he had proof that he had the visa then he would be transferring it to his new and valid passport.

As for the ID card, that will either be scrapped when the Tories come into power or the information on the card will be severely reduced so that it's literally a photo with your name, d.o.b, and photo.

Do they take finger prints for tier 1 applications? Considering that the UK is virtually bankrupt i doubt that they'd have money to pay for that if they don't have it in place already.

[tipu20]

I guess OP have a photocopy of his old visa and passport + police report which is sufficient to prove that he had valid visa and his passport is lost/stolen hence he need the transfer.

also the guidence clearlay write i guess

For people who have valid visa and passport or expired passport

"Where an applicant's passport expires during the validity of a multi-entry visa the visa may be transferred to the new passport at their request. The transfer fee will therefore apply"


For people who have lost their passport with valid visa.

"If, however, the applicant loses or has their passport and visa stolen, we are issuing a replacement visa and the full fee is required. If the applicant applies for a replacement visa you will need to see a Police report and all supporting documentation. This also applies to replacement 'leave to remain' granted in the UK."


VFS started taking finger prints for UKBIA from mid 2007.

Regards,
Tipu

He's not transferring the visa though tipu, he lost his passport and as such is getting a new one. If the passport had expired and he had proof that he had the visa then he would be transferring it to his new and valid passport.

As for the ID card, that will either be scrapped when the Tories come into power or the information on the card will be severely reduced so that it's literally a photo with your name, d.o.b, and photo.

Do they take finger prints for tier 1 applications? Considering that the UK is virtually bankrupt i doubt that they'd have money to pay for that if they don't have it in place already.

[meats]

If he has a photocopy of his valid visa and the passport info page and police report then i'd say that that was proof yes. I don't think that the UKBA will agree with us though. I think he'll have to pay for the visa again.

This visa fee would cover the cost of Gordon's Sky+ subscription for 1 year don't you know.

[Prashatt]

Thanks a lot guys, I hv spent about 2500 GBP (for passports & tier-1(g)visas) and still have the same problem.... money or fees wasn't the concern as long as I wud get an entry into UK and start working again...
I think, I need to catch hold of an Immigration officer who knows the loop holes in the current system. Also, I find it strange the value of pound is going down every day(Rs. 75=GBP 1) but the VFS rates are asking for a higher value of Rs. 80.

Its loss all the way, wish I had never visited India!!!

[kapoor@yahoo.com]

This is the worst that could happen to anyone. But, you have to resolve it by being patient and taking the charge by your own.

1. Don't trust VFS as they may have no knowledge of such visa cases apart from standard procedures. I have personally experienced this while applying for my daughter's visa ( though that was a simple case and in that case too I had to convince these guys with some print-outs)

2. Can you not contact UK embassy via personal visit? Take the print-outs of all the documents that you've and visit embassy. Take a letter from your employer as well. Posting the letters may not be so efficient in this case.

3. You can ask your employer to help you on this. Your employer can contact employer helpline http://www.ukba.homeoffice.gov.uk/conta ... tem=137223

I think UKBA will pay more attention to your employer's grievance .

4. Try to contact a immigration lawyer in UK. People on this forum can advise on suitable references.


any queries, do post back. This forum is of great help always.

Thanks a lot guys, I hv spent about 2500 GBP (for passports & tier-1(g)visas) and still have the same problem.... money or fees wasn't the concern as long as I wud get an entry into UK and start working again...
I think, I need to catch hold of an Immigration officer who knows the loop holes in the current system. Also, I find it strange the value of pound is going down every day(Rs. 75=GBP 1) but the VFS rates are asking for a higher value of Rs. 80.

Its loss all the way, wish I had never visited India!!!

[Prashatt]

Yes I tried all those options of contacting British Embassy people personally, but I cannot fix an appointment neither can VFS. British Dep. High Commission will call the applicant and fix an appointment only if they feel its a genuine case(don't know how long that takes minimum time is 60 working days as this will be considered as an appeal!)
Personally I have seen people with really genuine cases waiting at the gates & the security never allows them in. All we have access to at the BHC is a security officer with an intercom who explains our case to the official inside asking for possible solutions and no entry is allowed.
I have submitted the copies of police FIR, old passport, visa and a cover-letter explaining my case in detail. Hope this helps me obtain atleast an appointment to proceed further.
I did have a WP which expired in Sept 2009 on my old passport but don't have the copies. WP renewal seems to be the last available option but not sure whether it will be considered by BHC.

[mvent00]

I have forwarded a letter to BHC, providing them with all the details like Police FIR, copies of valid tier(1) visa, passports, P60, payslips... et al
and marked the envelope as "Urgent", the biggest problem is "urgent cases" take up to 6 months to process(as per the super-tight security at BHC).

You should always try to have their answers in written (email/letter) for future reference. Wait for their response for couple of weeks, and then send them same documents/materials again, as reminder. You can also call them and ask about the progress of your case.

[tipu20]

I will also suggest you write a letter to your MP, it's election time and they might take some action.

You can find the address/e-mail address of your MP from the following location.


http://www.writetothem.com/

Good luck

Tipu

Yes I tried all those options of contacting British Embassy people personally, but I cannot fix an appointment neither can VFS. British Dep. High Commission will call the applicant and fix an appointment only if they feel its a genuine case(don't know how long that takes minimum time is 60 working days as this will be considered as an appeal!)
Personally I have seen people with really genuine cases waiting at the gates & the security never allows them in. All we have access to at the BHC is a security officer with an intercom who explains our case to the official inside asking for possible solutions and no entry is allowed.
I have submitted the copies of police FIR, old passport, visa and a cover-letter explaining my case in detail. Hope this helps me obtain atleast an appointment to proceed further.
I did have a WP which expired in Sept 2009 on my old passport but don't have the copies. WP renewal seems to be the last available option but not sure whether it will be considered by BHC.

[meats]

I will also suggest you write a letter to your MP, it's election time and they might take some action.

You can find the address/e-mail address of your MP from the following location.


http://www.writetothem.com/

Good luck

Tipu

Whilst the intention is good tipu i don't think any MP will do anything about it right now. Why? Firstly i don't believe the OP can vote. Secondly, immigration is such a hot topic right now that i don't think the MP would potentially be seen as risking his seat over it either.

[winber]

Once you get this mess sorted out, apply for IRIS the next time you leave the country. It is valid for two years (or the end date of your visa, whatever is earlier).

Then when you come back through a major airport like Heathrow or Gatwick, you won't have to take your passport out of your bag. Or speak with any pesky immigration officers.

(Whether the airline you travel with lets you on the plane in the first place is another matter. You'll most probably need a return ticket and if your passport doesn't entitle you to visa free entry to the UK, some form of tourist visa at the minimum.)

[geriatrix]

My two cents:

1. Get a new passport (assuming this has already been arranged).
2. Draft a covering letter addressed to Entry Clearance Manager / Operations Manager explaining the background in detail and requesting for a replacement vignette for currently valid "leave to remain" issued in the UK on your new passport that you now have in your possession.
3. Include copy of police FIR of loss of passport.
4. Include copy of Home Office letter confirming approval of Tier1.
5. If you have it, include copies of personal detail pages of lost passport AND copy of the Tier1 leave to remain vignette stamped in that (lost) passport (label them appropriately - LOST or something).
6. Include a copy of personal detail pages of new passport (label appropriately).
7. Include printout of ECB17.1 and ECB17.2
8. State in the letter that all supporting documents included are copies but originals will be be made available in original as and when BHC advises you on the correct course of action in your case (e.g.- advising you to make an application at VFS or advising you to appear at BHC for a face-to-face appointment).

Note:
1. You might want to stress on the point in your letter that on basis of ECB17.1 and ECB17.2 (publicly available caseworker guidelines published by UKVisas - a govt. department), you are entlitled to a replacement "leave to remain" vignette and duly understand that you'll have to pay full fee for the vignette.
2. Make sure that you highlight in your letter that till date both BHC and VFS have misguided you by claiming that you will have to apply for Tier 1 scheme afresh and that you are not eligible for a replacement "leave to remain" vignette which is contrary to caseworkers guidelines published by UKVisas on their official website.
3. Alternatively, you could draft your letter as a *formal complaint* rather than as a request for appointment / visa. IMHO, this will probably get you a quicker response (personal opinion)! But do not miss out on the details and do not forget to include the documents as listed above (if not more).


Finally:
1. Send the letter (and documents) by COURIER to UK Border Agency Mumbai, British Deputy High Commission, Naman Chambers, C32 G Block, Bandra Kurla Complex, Bandra East Mumbai-51.
2. Send a CC of letter (and documents) to UK Border Agency New Delhi, British High Commission, Shantipath, Chanakyapuri, New Delhi 110 021.
3. Send a formal complaint to VFS Mumbai for their inability to provide you with accurate information regarding and course of action inspite of being the only authourized Visa Application Partner in India. Address this letter to the Service Manager or Application Center Manager (call them up and get their names if need be). You can leave out the documents here - just the letter / complaint and printout of ECB17.1 and ECB17.2 should suffice for now.

If I were in your situation, this is what I would've done!


All the best. I hope things work out for you .... soon. Terrible situation to be in ....

regards

[geriatrix]

As per BHC, complaints are responded to within 20 days (20 working days - 1 calendar month approx.).

regards

[vks]

My two cents:

1. Get a new passport (assuming this has already been arranged).
2. Draft a covering letter addressed to Entry Clearance Manager / Operations Manager explaining the background in detail and requesting for a replacement vignette for currently valid "leave to remain" issued in the UK on your new passport that you now have in your possession.
3. Include copy of police FIR of loss of passport.
4. Include copy of Home Office letter confirming approval of Tier1.
5. If you have it, include copies of personal detail pages of lost passport AND copy of the Tier1 leave to remain vignette stamped in that (lost) passport (label them appropriately - LOST or something).
6. Include a copy of personal detail pages of new passport (label appropriately).
7. Include printout of ECB17.1 and ECB17.2
8. State in the letter that all supporting documents included are copies but originals will be be made available in original as and when BHC advises you on the correct course of action in your case (e.g.- advising you to make an application at VFS or advising you to appear at BHC for a face-to-face appointment).

Note:
1. You might want to stress on the point in your letter that on basis of ECB17.1 and ECB17.2 (publicly available caseworker guidelines published by UKVisas - a govt. department), you are entlitled to a replacement "leave to remain" vignette and duly understand that you'll have to pay full fee for the vignette.
2. Make sure that you highlight in your letter that till date both BHC and VFS have misguided you by claiming that you will have to apply for Tier 1 scheme afresh and that you are not eligible for a replacement "leave to remain" vignette which is contrary to caseworkers guidelines published by UKVisas on their official website.
3. Alternatively, you could draft your letter as a *formal complaint* rather than as a request for appointment / visa. IMHO, this will probably get you a quicker response (personal opinion)! But do not miss out on the details and do not forget to include the documents as listed above (if not more).


Finally:
1. Send the letter (and documents) by COURIER to UK Border Agency Mumbai, British Deputy High Commission, Naman Chambers, C32 G Block, Bandra Kurla Complex, Bandra East Mumbai-51.
2. Send a CC of letter (and documents) to UK Border Agency New Delhi, British High Commission, Shantipath, Chanakyapuri, New Delhi 110 021.
3. Send a formal complaint to VFS Mumbai for their inability to provide you with accurate information regarding and course of action inspite of being the only authourized Visa Application Partner in India. Address this letter to the Service Manager or Application Center Manager (call them up and get their names if need be). You can leave out the documents here - just the letter / complaint and printout of ECB17.1 and ECB17.2 should suffice for now.

If I were in your situation, this is what I would've done!


All the best. I hope things work out for you .... soon. Terrible situation to be in ....

regards

Couldn't stop appreciating such a quality post and the thought process!