Have ILR but cannot get my foreign passport from HO

[royh]

Long post but the situation is not complicated imo.

Ok so I came into the country in 1980 when I was 2 years old. This was under my parents passport so I never had a passport and had to get one form my embassy. Never left the country except for a day trip to France when I was in secondary school.

What is the best way to go about applying for a passport from my country with an ILR/ROA stamp on it bearing in mind the following. I went to the Home Office in 2003 with my passport I acquired from my embassy in order to have the ILR stamp on it. After waiting some time and numerous calls and letter this was my last letter from 2006, no reply.

-HO headers adress etc-

Home Office Ref: -not shown here-

Name: -not shown here-
Nationality: -not shown here-
D.O.B: -not shown here-

Dear Sir or Madame,

I visited your Croydon offices on -exact date not shown here- 2003 to hand in documents and my -country- passport in order to have the indefinite leave to remain in the UK applied on my -country- passport.

I have enquired by telephone and there was no further information that could be given regarding the pending reason except that someone is "still looking into it" that the HO does not give any further progress report on the telephone. They did give me a new reference number since the reference number my parents came in under is: -not shown here-. I written several letters explaining my concern for this delay with no response. I therefore wish to make a complaint about the the time it is taking to process the indefinite leave to remain stamp on my passport. I wish to make an application for citizenship and cannot do so until this 3+ year delay resolved.

A little background: I came into this country in 1980 under my parents passport when I was 2 so I didn't have a passport. The reference number my parents came in under is: -not shown here-, it was only until 1998 that children needed their own passports. "From 5 October 1998 children under 16 have been required to hold their own passport. Children already included on a parent's passport are not affected by this change and can continue to travel on these passports until they reach the age of sixteen or when the passport expires."

Since I have never left the country I have not needed a passport. I had to get one from the -country- embassy and wanted this stamped with indefinite leave to remain. So I handed this and a letter from the embassy (see accompanying photocopy of Home Office receipt) to your Croydon office. Since I already had indefinite leave to remain I do not see why there would be any significant delay. I wish to apply for citizenship now and I cannot proceed until this is resolved.

More background information: My sister applied for her -country- passport to be stamped aswell the same day as me and got hers back within a few months so I don't know what the issue is. Should you have any further queries please either contact me on -not shown here- or preferably on my mobile -not shown here- since I am not usually home at daytime hours. Or if that is not possible I would appreciate some written correspondance. Thank you.

Yours sincerely.

-name-

That was the letter form 2006, since I already have ILR (I came here in 1980 when I was 2), I have let it drag on. I am currently unemployed and don't have a drivers license or any photo I.D. I have a letter from the Home office saying I have Indefinite Leave to remain.

What should I do? I guess the best course of action would be to try again and then take it further with the Citizen's Advice Bureau if they again ignore me? What time scale should I expect before taking further action, 6 months?

I was thinking of going to my embassy again and getting another passport. . . then sending it to ROA. However that in itself requires a passport with some stamps on it from the Home Office (catch 22) from what I understand looking at the website. I don't know if my country's embassy will believe me if I say the HO has my passport and won't give it back. So I don't think that's a good idea and I don't want to say it's "lost".

[vinny]

I don't want to say it's "lost"

Unfortunately, that may well be the case. Send a copy of the above letter to the UKBA again, with another covering letter. Use registered post.

When does your passport expire? Where you given ILE when you initially entered, in 1980; or after your school trip to France?

See also Unlawful retention of passport by ECO.

[royh]

I don't want to say it's "lost"

Unfortunately, that may well be the case. Send a copy of the above letter to the UKBA again, with another covering letter. Use registered post.

When does your passport expire? Where you given ILE when you initially entered, in 1980; or after your school trip to France?

See also Unlawful retention of passport by ECO.

- I have no idea when my passport expires, I didn't take photocopies and just handed it in to the HO when I went there in 2003. I can ask my sister when hers expires to have an idea - but she has her citizenship now and I guess they have her old foreign one.

- On the Letter dated April 2003 from the HO regarding my ILR it says

Code: Select all

This is to confirm that the attached copy letter dated 5 June 1984 granting indefinite leave to remain in the United Kingdom as a refugee to -name- is an exact copy of the original held on the Home Office file.

So I was granted it before the day trip to France in the 1990's. I didn't have a passport then. I got one from my embassy in 2003 and handed into the HO to get it stamped.

I will send another letter with registered mail as per above. Should the covering letter contain any "hints" about that Unlawful retention of passport by ECO. . .

[John]

royh, you have posted your query in the British Citizenship section of this board. So is it the case that you think you need your passport in order to apply for British Citizenship? Is that your concern?

Or put it another way, you are not really bothered about getting your passport back? But you do not want anything to get in the way of your Naturalisation application?

[royh]

royh, you have posted your query in the British Citizenship section of this board. So is it the case that you think you need your passport in order to apply for British Citizenship? Is that your concern?

Or put it another way, you are not really bothered about getting your passport back? But you do not want anything to get in the way of your Naturalisation application?

I want to see what they say about my situation before starting again. I stopped writing letters after trying for so long and not getting a reply. ILR since 1984, never needed to leave the country. I don't want to go to my embassy again to get a passort (if that is even possible given the situation) and hand it in again to the HO. I could say it's lost but that may come back to bite me.

If I want citizenship I feel I cannot ignore this either way so I am back to writing letters to the HO. I firstly want my foreign passport stamped with ILR then proceed with citizenship as the only thing I have right now is a letter from the HO stating I have ILR.

I could get a certificate of entitlement as further proof, but the requires a passport with immigration stamps showing that you are living here. I don't know if the passport from the embassy will have those. Secondly the conditions for application don't seem to apply to me. I came into the country in 1980 when I was 2 with my parents neither of them British citizens and got my ILR in 1984, but all the conditions don't seem to apply to me. So I don't have the required documents to hand in.

"
If you do not have a passport or identity card confirming your right of abode, you must apply for a certificate of entitlement in order to claim the right of abode.
"

[John]

I think you should consider paying £10 and making a SAR .... subject access request. That way you will see what their records say about you.

Have a look at this UKBA webpage. It will be interesting to see if the record includes them receiving your passport!

[royh]

That's a good idea.

I only have the letter from the Home Office though as my birth certificate is foreign. I pay no utility bills where I live but do pay a credit card. Is that enough.

[John]

Just supply as much information as you can, to enable them to identify you in their records.

[vinny]

I could get a certificate of entitlement as further proof

ILR holders are not normally eligible.

[royh]

I think you should consider paying £10 and making a SAR .... subject access request. That way you will see what their records say about you.

Have a look at this UKBA webpage. It will be interesting to see if the record includes them receiving your passport!

I sent a request for a SAR on the 06th dec by recorded, specifically mentioned info on handing in my passport to the HO and wanting to see if their records correlate with that. I sent a cheque for £10 with the info required, but the money still hasn't come out of my bank account.

If they have any problems the page says they'll send a letter requesting what is missing for them to process the SAR request. It also says expect a response from them within 40 days. I'm just throwing this here as a progress report, hope it all goes well.

[royh]

No reply from the complain letter I sent to the HO complaints department, about the SAR got a reply:

Thank you for your SAR. . . We are currently processing your request, including your payment of £10. We will now deal with your request as quickly as possible within the 40-day deadline under the Data Protection Act 1998.

Although your request is now 'live', upon receipt of the original UKBA records we do undertake signature/identity verification to satisfy ourselves that the individual making the access request is indeed the subject of the records. If the signatures do not match we will stop processing the request and as for further proof of identification/authorisation.

Anyone know what this means? Will they ask me to send something in with my signature on it? Or do they do their own comparisons without me having to do anything.

I'm not going to say it comes across as bait and switch methods for verification post application because I expect them to be thorough. In regards to the SAR which is to show I handed in the documents to the Home Office in 2003, looking at the signatures under a microscope and find some little thing compared to today to refuse me being able to get what I need. Consider that they have been sitting on my application for ILR to be stamped in my passport since 2003, giving me what I need to show this doesn't benefit them in any way.

In addition to the informaiton I sent them I also sent them two original documents, 1 Home office letter which requested a copy of the original on file in the Home Office stating that the person has ILR, and another Home Office receipt when I visited in 2003 to their Croydon Office.

These documents were not returned with the other documents. They are currently the only forms of identification I have since they have my passport and I don't have a driving license. If any issue arises with the signatures I won't have anything really to show them it's really me let alone everything I sent them wasn't good enough "really". Anyway fingers crossed, just me going on a rant here.

[vinny]

In addition to the informaiton I sent them I also sent them two original documents, 1 Home office letter which requested a copy of the original on file in the Home Office stating that the person has ILR, and another Home Office receipt when I visited in 2003 to their Croydon Office.

These documents were not returned with the other documents. They are currently the only forms of identification I have since they have my passport and I don't have a driving license. If any issue arises with the signatures I won't have anything really to show them it's really me let alone everything I sent them wasn't good enough "really". Anyway fingers crossed, just me going on a rant here.

Why didn't you just send them copies of their own letters, rather than originals?

[Jambo]

Thank you for your SAR. . . We are currently processing your request, including your payment of £10. We will now deal with your request as quickly as possible within the 40-day deadline under the Data Protection Act 1998.

Although your request is now 'live', upon receipt of the original UKBA records we do undertake signature/identity verification to satisfy ourselves that the individual making the access request is indeed the subject of the records. If the signatures do not match we will stop processing the request and as for further proof of identification/authorisation.

Anyone know what this means? Will they ask me to send something in with my signature on it? Or do they do their own comparisons without me having to do anything.

It is the standard reply. Basically, they will verify your signature to what they got on record. They won't look under a microscope, just a normal comparison (as one would compare a cheque or credit card signature in the old days).

[royh]

In addition to the informaiton I sent them I also sent them two original documents, 1 Home office letter which requested a copy of the original on file in the Home Office stating that the person has ILR, and another Home Office receipt when I visited in 2003 to their Croydon Office.

These documents were not returned with the other documents. They are currently the only forms of identification I have since they have my passport and I don't have a driving license. If any issue arises with the signatures I won't have anything really to show them it's really me let alone everything I sent them wasn't good enough "really". Anyway fingers crossed, just me going on a rant here.

Why didn't you just send them copies of their own letters, rather than originals?

I thought they'd be returned along with the other original documents after the initial process, plus I didn't want them thinking they're fraudulent or anything since they may have lost something and can't compare. For example the Home Office receipt that I actually went there and handed in my passport.

In this case is there any reason why they wouldn't be returned down the line? I am not sure why they kept them in the first place but gave me back everything else.

[royh]

Got back the paperwork on the case files in regards to the SAR yesterday.

Didn't get my original letters from the Home Office back, not too happy about that.

Amongst the most relevant is probably this case letter:

According to the allocation finder, this case is now part of your allocation.

The subject has asked for his passport to be stamped with his ILR. However, he has refugee status and this, obviously cannot be done in light of that. He is also currently awaiting naturalisation. If this is confirmed his asylum case can be revoked or he can withdraw it. Advised to refer through --- Case to ---, as per allocation finder, for further consideration.

Came into the country in 1980 with my sister and parents. My sister applied on the same date as me to get her ILR stamped on her passport (2003) and she never had any of this "cannot get ILR stamped on her passport because she is a refugee". I've had ILR since 1984.

I also don't like the assumptions about wanting naturalisation meaning they might aswell not bother putting the stamp on my passport. I need this for I.D. purposes and don't have the money to apply for naturalisation right now.

[royh]

Anyone know who I should talk to about this, should I go to my local Citizens Advice Bureau or someone more specialist. None of this makes sense to me. I just want my passport with ILR stamped on it. I can't apply for a driving license, if I were to need something to show my Bank I have nothing.