Indian passport with ILR - LOST

[gud]

Hi
My 18 month old child holds an Indian passport with UK 'Indefinite leave to remain'. We (parents) currently live in the UK on ILR holding Indian passports. We(parents) are now eligible to apply for citizenship.

My child went to India 5 months ago with grandparents and stayed there ever since. He is due to come to UK again with grandparents but unfortunately his passport (Indian) has been lost.

I don't know the procedure to follow to obtain ILR again. Does he have to make a fresh application to British High commission, India with a fee of £810 again or is there another procedure?

and also that fact that we (parents) are going to apply for Citizenship now here in the UK, is it a good idea to wait until we get citizenship and then apply for his citizenship in british embassy, India? I am looking for feasible and cheaper options

Please advice. Thank you.

[vinny]

If he was born in the UK, then he is entitled to register for his British citizenship at the British High Commission directly. Forget about the ILR.

[gud]

He was born in India

[vinny]

See also stolen passport (ILR samp was on it)

[gud]

I am not sure if he (my child) can apply as a returning resident? i could not understand the information in the other case that was given above.

[vinny]

Of course, he can. However, UKBAbble's method may be better/free.

[gud]

i am very sorry vinny. I am unable to understand the procedure looking in to the document. could you please explain the procedure?

[vinny]

The best advice is to get your friend to ask the airline to contact the UKBA at the airport or airport terminal he's trying to get to to get authority to carry with no Carriers' Liability penalty. It is standard practice and a CIO can authorise it.

See also Lost passport with ILR.

Get your son a new passport.

Contact/ask airline to contact a Chief Immigration Officer (CIO) at the airport terminal where your son will be arriving.

You may have to supply proof of your son's status as a returning resident to the CIO; i.e your son had ILR before leaving the UK within two years ago, etc. If you're lucky, the CIO may be able to verify your son's ILR status using UKBA's records.

Ask the CIO to authorize travel, without your son needing to obtain prior entry clearance.

[gud]

Hi vinny

i contacted my airline. They said they tried with no success. I also contacted the british embassy in India, they said i have to make a fresh application paying the fee INR 65000 (around £910) and the process is going to take 3 months. They also said i can't apply for 'returning resident' visa as the passport has been lost.

I am very confused as to what to do

[vinny]

The British High Commission in India is incorrect.

It's sufficient that your son qualifies as a Returning resident (18). A passport with the ILR was just one way of showing that he qualifies. Lost of passport doesn't make him any less qualified. However, showing that he qualifies may be more difficult. Do you have the UBKA's letter confirming his ILR status?

Moreover, possession of an Entry clearance is also not mandatory (2(a)) in this category. Unfortunately, your son is a visa national. That's the reason for asking a CIO to authorize travel, so that the airline will not be afraid of being subject to any fines. Hence, he may bypass applying at the British High Commission.

Have you yourself tried to contact a CIO at the airport terminal where you son will be travelling to?

Perhaps UKBAbble can help you more?

[gud]

both my wife and myself are eligible to apply for citizenship. I am wondering if it's a good idea for us to get the citizenship and apply for my son's passport (British) in India with BHC instead of going though visa route?

I am just wondering if this is another option?

[vinny]

He will have to apply for registration, at the same time or after you are granted British citizenship(s). As he is not in the UK, he must apply at the British High Commission. He may be unsuccessful (9.17.5).

Update.