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

[Prashatt]

Thanks a lot sushdmehta, I followed exactly the same procedure except for sending print-outs of ECB17.1 and ECB17.2 in the appeal I had made to BHC, Mumbai. I had called up BHC, Mumbai and they said they had my papers with them and will be forwarding the documents to IO shortly.
Also, they have asked me to send the Admin Review appeal which I faxed in to BHC, Mumbai today.
Awaiting there reply sooner, just as an eye-opener I have highlighted "Lost passports with valid Tier-1 (G) visas valid till 9th april 2012" on top of each page of Admin review with email reference for an email I sent out last evening.

That is all I could do at the most as of now.

[tipu20]

Hi Prashatt,

glad to know that things are moving in right direction, hopefully this will end up in favor of you.

I have started an e-mail thread with UKvisas in UK and will post the outcome


Initial response form them was the same that you have to apply for fresh application, but when i provided them with link which i posted they are now in the process of checking with their seniors

If the e-mail thread is possitive , i will post the whole conversation minus personal details here.

Good luck.

Regards,
Tipu

Thanks a lot sushdmehta, I followed exactly the same procedure except for sending print-outs of ECB17.1 and ECB17.2 in the appeal I had made to BHC, Mumbai. I had called up BHC, Mumbai and they said they had my papers with them and will be forwarding the documents to IO shortly.
Also, they have asked me to send the Admin Review appeal which I faxed in to BHC, Mumbai today.
Awaiting there reply sooner, just as an eye-opener I have highlighted "Lost passports with valid Tier-1 (G) visas valid till 9th april 2012" on top of each page of Admin review with email reference for an email I sent out last evening.

That is all I could do at the most as of now.

[geriatrix]

Thanks a lot sushdmehta, I followed exactly the same procedure except for sending print-outs of ECB17.1 and ECB17.2 in the appeal I had made to BHC, Mumbai.

What are you appealing against - A new Tier 1 application that has been refused??

I had applied for Tier-1 to visa and got a refusal letter because of educational qualification criteria!(as per the new rules I need to have a Master's degree now, but I have a Bachelor's)

From your perspective, you made a new application for Tier 1 as a result of incorrect advice given by VFS (and BHC) but the documentation you provided had nothing to do with Tier 1 application and everything to do with your lost passport and Tier 1 stamp. Likewise, from UKBA's perspective, they refused the application because you do not qualify for Tier 1 under the new rules (as you yourself say) and also because you perhaps did not submit the relevant supporting documents (degrees, income, english etc. etc.).

The question is - was the caseworker who dealt with your new Tier 1 application (and rejected it) aware of the rules that in your (special) case there was (and still is) no need to apply for Tier 1 afresh and was he intelligent enough to understand that all you needed was a replacement vignette affixed to your new passport but wrongly advised by VFS and BHC??? In all likelihood,No!! All he did was check your documentation against what was required, decided you did not meet the eligibility criteria and hence stamped a refusal on the application. So if you appeal that decision, you will likely to receive a negative outcome .... because you still do not qualify for Tier 1 under the new rules. Will an admin review help? Don't think so ... again because you still do not qualify for a Tier 1 under new rules!!!


The bottomline is - a new Tier 1 application approval is not based on an applicant having lost his passport and the existing Tier 1 vignette. The approval for a new Tier 1 application is based on the applicant providing documentary evidence that he fulfils the eligibility criteria.

So unless this fact - that you are seeking a replacement Tier 1 visa in a new passport becuase of lost/stolen passport - is made amply clear to the Operations Manager / IO / Entry Clearance Manager / decision maker at UKBA - and unless you are confident that they fully understand what your circumstances are and what you are requesting for of them, I am afraid this is going to go on in circles for a while.

Do your best to make sure they understand what you need and are requesting for. And that what you are requesting for is your legal right as per UK laws.

I have assumed certain things here ... in an effort to explain the situation to you .... and present the *the bigger picture* to you with potential points of incorrect decision making in the system. The sad part is that, at the end of the day, it is left to us to clear the mess created by others just becuase it is us who are at the receiving end and suffering! Unfortunately, no alternative but to fight on ....

regards

[Prashatt]

As I would remind you I highlighted on each and every page of my application that this request was for a Tier-1(G) visa transfer from lost to New passports. Also I had written a cover-letter which explained my case in all details.
In this case either the IO (Immig Officer) had not gone thru the cover-letter & form at all or he was just an ignorant representative of UK BA (BHC, Mumbai) who had no intention to grant a visa...

But the VFS office/helpline and BHC Mumbai are to be blamed equally for not knowing a rule set by UKBA in my kind of special cases.

Ultimately, I lost my visa and hard-earned money too. To add insult to injury, I have been replaced by another fresher ready to travel now.... to the UK!!!

I have lost my passports, visa, job in UK.... and got nobody to support me in this case. I doubt whether any legal services are available to fight these kind of rogue Border Agencies which know how to loot and powerful enough to not answer to any authorities!!!

DISGUSTING !!!!

[geriatrix]

Don't know if you wish to take this route ....
How to make a complaint at UKBA
Making a formal complaint to UKVisas


All the best.


regards

[mvent00]

It will be better if you also send the print out of these links, to pinpoint these specific rules. I am very sure that you will get a positive answer soon. Indeed it is one of the a bitter experiences in life.

7. Include printout of ECB17.1 and ECB17.2

[gordon]

It would have been critical to emphasise that visa replacement was required, rather than visa transfer, so it would not surprise me if matters were confused by referring to a visa transfer 'highlighted on each and every page of [his] application'. It seems a proper request for a visa replacement would likely have been referred to London, as the lost visa had been issued in the UK as 'leave to remain'. In addition, there are mechanisms for the visa post to expedite the referral, but on request (cf ECB link).

But what are the grounds for the administrative review now in process ? In this I strongly second sushdmehta's point: that administrative review would re-evaluate the failed Tier 1 application, but that it's not clear that that refusal was inappropriate. I would add that admin review is not a framework to rectify the fact that the applicant has prepared the wrong application (regardless of whether this was his own error, or even one that arose from poor consular advice). I cannot see how this moves the OP forward.

Re an earlier comment from the OP, the work permit that 'expired' in Sep 09 would presumably have actually been cancelled when his Tier 1 visa was issued in Feb 09. I do not expect that an expired or cancelled work permit could later be resuscitated. (Presumably this is no longer relevant, since his employment has been terminated and his position filled, which cannot be convenient.)

As I would remind you I highlighted on each and every page of my application that this request was for a Tier-1(G) visa transfer from lost to New passports. Also I had written a cover-letter which explained my case in all details.
In this case either the IO (Immig Officer) had not gone thru the cover-letter & form at all or he was just an ignorant representative of UK BA (BHC, Mumbai) who had no intention to grant a visa...

But the VFS office/helpline and BHC Mumbai are to be blamed equally for not knowing a rule set by UKBA in my kind of special cases.

Ultimately, I lost my visa and hard-earned money too. To add insult to injury, I have been replaced by another fresher ready to travel now.... to the UK!!!

I have lost my passports, visa, job in UK.... and got nobody to support me in this case. I doubt whether any legal services are available to fight these kind of rogue Border Agencies which know how to loot and powerful enough to not answer to any authorities!!!

DISGUSTING !!!!

[Prashatt]

Hi Gordon,

I did speak with VFS on phone as well as in their office(personally) and asked them the possible options to get visa stamped on to my new passport. Also, I showed them the Police FIR, copies of my old passport and visa.

I don't think I am the only person who lost his passport in Mumbai, there are many such cases as I have searched thru' upto 500 passports found in the Lost & found section at Mumbai Airport.

I expect the BHC and VFS both to be aware of the rules followed in lost passport cases. In UK the rules are set well and followed but outside UK its a totally different matter.

Anyways, I received an email from BHC saying they are checking it with UKBA, London since my visa was granted there. I hope they decide in my favour because this is a genuine case.

Cheers,
Prashant.

[tipu20]

Hi Prashatt,

I don't know if your issue is resolved yet or not. but here is the reply from UK visas as promised, PM me if you need full thread. I have already questioned them about the form which they have included as it mentioned that you should not apply if your passport is lost and will update with further information when it's available.

---------- Forwarded message ----------
From: Public Visa Enqs <publicvisaenqs@homeoffice.gsi.gov.uk>
Date: Thu, Jan 14, 2010 at 2:04 PM
Subject: RE: Query on HSMP visa issued in 2007 and how to transfer if orignal passport is lost/stolen ?
To: "Tipu." <tipu20@protecting-my-email.com>


Thank you for your Email.


If someone has extant or valid leave and they lose their passport/visa, they can apply for 'replacement' leave to remain, as opposed to fresh leave, and as opposed to a transfer of leave.

A replacement visa is issued as a result of a lost document and in this case the full fee is required, as well as supporting documents. Despite the full fee, docs etc, we are not issuing new leave to remain, but are merely replacing it.

If you wish to apply for replacement Leave to Remain abroad, that is a replacement Visa, you should use the transfer form which can be found on our Website at http://www.ukvisas.gov.uk/resources/en/ ... rmtransfer.






Sent by:

Public Enquiries [R]

Visa Services

UK Border Agency

Web-site: www.ukvisas.gov.uk

Hopefully it will help you .

[gordon]

I can't see how their email is helpful; it has a specific exclusion vis-a-vis lost/stolen passports (emphasis mine).

IF YOU ARE TRANSFERRING A VALID VISA/ENTRY CLEARANCE YOU SHOULD COMPLETE THIS FORM.
This form should be used to request the transfer of a valid visa into a new passport. You must submit the original visa/entry clearance in the original travel document for UK Border Agency to transfer the visa into your new passport. If you are unable to provide the original visa/entry clearance e.g. you have lost or had stolen your passport containing your original visa/entry clearance, then you must submit a fresh application (including the appropriate fee) on the relevant form. You must not use this form unless you can submit the original visa/entry clearance in the original passport/travel document.

[geriatrix]

I was just drafting my post intending to paste the same information when I saw Gordan's response above! The advice in the email from UKBA / UKVisas is clearly contrary to what the form states.

Maybe tipu20 should reply to the email with this info.

regards

[tipu20]

Hi

I know that their form is saying some thing different and i have already replied to them about that, but one thing is clear that the replacement visa is needed and confirmed by UKvisas staff itself and procedure is also available outside UK and confirmed.

I have already mentioned the same in my previous post. the exclusion is not in e-mail but in the form and once i have update i will update this thread.

At least with this e-mail OP can approach UK Visas staff in his home location and might hit the jackpot.

Regards,

Tipu

[vinny]

Hi Prashatt,

I don't know if your issue is resolved yet or not. but here is the reply from UK visas as promised, PM me if you need full thread. I have already questioned them about the form which they have included as it mentioned that you should not apply if your passport is lost and will update with further information when it's available.

---------- Forwarded message ----------
From: Public Visa Enqs <publicvisaenqs@homeoffice.gsi.gov.uk>
Date: Thu, Jan 14, 2010 at 2:04 PM
Subject: RE: Query on HSMP visa issued in 2007 and how to transfer if orignal passport is lost/stolen ?
To: "Tipu." <tipu20@protecting-my-email.com>


Thank you for your Email.


If someone has extant or valid leave and they lose their passport/visa, they can apply for 'replacement' leave to remain, as opposed to fresh leave, and as opposed to a transfer of leave.

A replacement visa is issued as a result of a lost document and in this case the full fee is required, as well as supporting documents. Despite the full fee, docs etc, we are not issuing new leave to remain, but are merely replacing it.

If you wish to apply for replacement Leave to Remain abroad, that is a replacement Visa, you should use the transfer form which can be found on our Website at http://www.ukvisas.gov.uk/resources/en/ ... rmtransfer.






Sent by:

Public Enquiries [R]

Visa Services

UK Border Agency

Web-site: www.ukvisas.gov.uk

Hopefully it will help you .

What do they mean by "supporting documents"? Presumably showing that the passport was lost? It's rather ambiguous? They should already have a record of your existing leave.

[push]

Hi Prashatt,

I don't know if your issue is resolved yet or not. but here is the reply from UK visas as promised, PM me if you need full thread. I have already questioned them about the form which they have included as it mentioned that you should not apply if your passport is lost and will update with further information when it's available.

---------- Forwarded message ----------
From: Public Visa Enqs <publicvisaenqs@homeoffice.gsi.gov.uk>
Date: Thu, Jan 14, 2010 at 2:04 PM
Subject: RE: Query on HSMP visa issued in 2007 and how to transfer if orignal passport is lost/stolen ?
To: "Tipu." <tipu20@protecting-my-email.com>


Thank you for your Email.


If someone has extant or valid leave and they lose their passport/visa, they can apply for 'replacement' leave to remain, as opposed to fresh leave, and as opposed to a transfer of leave.

A replacement visa is issued as a result of a lost document and in this case the full fee is required, as well as supporting documents. Despite the full fee, docs etc, we are not issuing new leave to remain, but are merely replacing it.

If you wish to apply for replacement Leave to Remain abroad, that is a replacement Visa, you should use the transfer form which can be found on our Website at http://www.ukvisas.gov.uk/resources/en/ ... rmtransfer.






Sent by:

Public Enquiries [R]

Visa Services

UK Border Agency

Web-site: www.ukvisas.gov.uk

Hopefully it will help you .

What do they mean by "supporting documents"? Presumably showing that the passport was lost? It's rather ambiguous? They should already have a record of your existing leave.

Further compounded by saying that you need to reapply for the VISA !!

[push]

Hi Prashatt,

I don't know if your issue is resolved yet or not. but here is the reply from UK visas as promised, PM me if you need full thread. I have already questioned them about the form which they have included as it mentioned that you should not apply if your passport is lost and will update with further information when it's available.

---------- Forwarded message ----------
From: Public Visa Enqs <publicvisaenqs@homeoffice.gsi.gov.uk>
Date: Thu, Jan 14, 2010 at 2:04 PM
Subject: RE: Query on HSMP visa issued in 2007 and how to transfer if orignal passport is lost/stolen ?
To: "Tipu." <tipu20@protecting-my-email.com>


Thank you for your Email.


If someone has extant or valid leave and they lose their passport/visa, they can apply for 'replacement' leave to remain, as opposed to fresh leave, and as opposed to a transfer of leave.

A replacement visa is issued as a result of a lost document and in this case the full fee is required, as well as supporting documents. Despite the full fee, docs etc, we are not issuing new leave to remain, but are merely replacing it.

If you wish to apply for replacement Leave to Remain abroad, that is a replacement Visa, you should use the transfer form which can be found on our Website at http://www.ukvisas.gov.uk/resources/en/ ... rmtransfer.






Sent by:

Public Enquiries [R]

Visa Services

UK Border Agency

Web-site: www.ukvisas.gov.uk

Hopefully it will help you .

But isn't this what we said right in the beginning ?

[tipu20]

Remember the standard line form UKvisas was that you need to apply fresh application and that's what was told to OP by UKvisas in India. Unless we found the EC Document


Regards,
Tipu

Hi Prashatt,

I don't know if your issue is resolved yet or not. but here is the reply from UK visas as promised, PM me if you need full thread. I have already questioned them about the form which they have included as it mentioned that you should not apply if your passport is lost and will update with further information when it's available.

---------- Forwarded message ----------
From: Public Visa Enqs <publicvisaenqs@homeoffice.gsi.gov.uk>
Date: Thu, Jan 14, 2010 at 2:04 PM
Subject: RE: Query on HSMP visa issued in 2007 and how to transfer if orignal passport is lost/stolen ?
To: "Tipu." <tipu20@protecting-my-email.com>


Thank you for your Email.


If someone has extant or valid leave and they lose their passport/visa, they can apply for 'replacement' leave to remain, as opposed to fresh leave, and as opposed to a transfer of leave.

A replacement visa is issued as a result of a lost document and in this case the full fee is required, as well as supporting documents. Despite the full fee, docs etc, we are not issuing new leave to remain, but are merely replacing it.

If you wish to apply for replacement Leave to Remain abroad, that is a replacement Visa, you should use the transfer form which can be found on our Website at http://www.ukvisas.gov.uk/resources/en/ ... rmtransfer.






Sent by:

Public Enquiries [R]

Visa Services

UK Border Agency

Web-site: www.ukvisas.gov.uk

Hopefully it will help you .

But isn't this what we said right in the beginning ?

[geetkochhar]

Dear Prashant,
I am not sure if your problem is resolved or not but I am in same problem my passport was stolen when I was going o catch flight for London. I am also of the same category Graduate iwith Tier 1 Genral Visa. What I have learnt from this board that applying for fresh applicaion is no the right way. CAn you please advise wha is the best way to approach high comission? I am trying their phone number but they only take queries beween 1:00 o 4:00 and either the number is busy and if there is a ring nobody picks up. Will it be adviseble to visit British Embassy directly and will hey let you enter? how to book appoinment?

UK home office has confirmed that transfer of condition is possible for lost passport and you don't have to fulfill old criteria.

http://www.bia.homeoffice.gov.uk/while- ... m-NTL-TOC/>
http://www.bia.homeoffice.gov.uk/while- ... m-NTL-TOC/),

Above is the link for TOC form. I have been advised by my company that a person los passport in South Africa. He was sent a letter by Home office through high commission in South africa. He traveled back with he letter and is now going for TOC. only difference is he was on work permit.

Have you been advised somehing like this by briish embassy?
Regards
Ketan

[geetkochhar]

Dear Prashant,
Can you please advise if you submitted your new passport to BHC this time when you made an appeal?
Can one only see BHC if your applicaion is rejected?
Regards
Ketan

[Prashatt]

Hi Geet,

my application is still under process, the URL which you have highlighted is valid only when u r in uk (that's the worst part).
You have to call BHC between 1.25 to 4:00 pm, as per my experience you will get a response just before starting or closing time (abt. 1:25 pm or 3:40 pm to Mumbai BHC).
Even if you try to approach BHC personally you will be denied entry by the security there, the only possibility of you meeting them is when they fix an appointment!
I was misguided by VFS into applying for a Tier-1 visa as new. You need to email them with Lost passport (as the subject) giving details of your lost passport and the type of visa held by you.
Also, I called UKBA on 0870... and they ask you to contact local British High Commission (quite logical), so don't waste money on ISD calls.

During the appeal process, we need not send any documents to them.
In your case too you need to have the following documents ready with you:
Police FIR (original)
Old passport pages (1,2, visa page and last 2 pages).
UKBA approval letter (if u got the visa in London, UK).
Employment Letter (from ur co. in UK)

Please get in touch with them either on phone or email ASAP, because they take a lot of time in processing (28 working days or more.... u would be lucky if they take less time).
Also, you need to highlight to them that under ECB 17 rules you are eligible to get the visa transfer/replacement.

The sooner the better. All the best.

Regards,
Prashant.

[geetkochhar]

Prashant,
Do I need to attach any documents other than my old passport and ECB 17?
Regards
Ketan

[Prashatt]

Hi Ketan,

You need to attach Original Police FIR, old passport & visa copies, ECB 17 (highlight the part that you are eligible for a visa transfer/replacement) along with a cover letter with the complete case history.

If you are going there(BHC) personally, please ask the security they will call on your behalf and confirm about the person who needs to be addressed in the letter(it was Visa services department in my case, but confirm again).

Regards,
Prashant.

[geetkochhar]

Hi Prashant,
Thanks for the info. I have already sent an email to visquery and will send by post once I have sorted my passport.
Any update on your side.
Regards
Ketan

[Prashatt]

Well, I have been in touch with the Entry Clearance Manager and expect them to sort out my visa problem by this weekend. They are waiting for an update from UKBA, London since my visa was granted over there.
I had emailed the British Deputy High Commissioner in Mumbai, she didn't respond but the vacation response gave me the ECM's email id. He has been very co-operative in my case. He has agreed that since VFS had misguided me initially, he will correct the error in the Administrative Review process which I had initiated in early Jan. Its a time consuming process, so be ready to wait atleast for 2 months or more.
Your case maybe different if you had obtained the Tier-1 visa in India.

Regards,
Prashant.

[geetkochhar]

Well, I have been in touch with the Entry Clearance Manager and expect them to sort out my visa problem by this weekend. They are waiting for an update from UKBA, London since my visa was granted over there.
I had emailed the British Deputy High Commissioner in Mumbai, she didn't respond but the vacation response gave me the ECM's email id. He has been very co-operative in my case. He has agreed that since VFS had misguided me initially, he will correct the error in the Administrative Review process which I had initiated in early Jan. Its a time consuming process, so be ready to wait atleast for 2 months or more.
Your case maybe different if you had obtained the Tier-1 visa in India.

Regards,
Prashant.

Prashant,
Can you please provide me that email id if you don't mind? I believe it will be some standad id. I will have to deal wih my case in Delhi.
Regards
Ketan

[Prashatt]

Hi Ketan,

The email id, I have been constantly in touch with is Bombay.VisaEnquiries@fco.gov.uk

it should be Delhi.VisaEnquiries@fco.gov.uk , I was very much worried and I emailed the British Deputy High commissioner in Mumbai Ms. Vicki Treadell. She never responded but the auto-mail response gave me further contact names. I tried their emails too and luckily one of the Entry Clearance Manager responded.
You can get more info on their website.

Regards,
Prashant.