Home Office losing Applications

[snv80]

Has anybody had any dealings with the home office losing applications?

My girlfriend is in the situation where the home office has lost her application for naturalisation. We have no paper copies of confirmation but we have other proof that an application has been made, such as the issuing of a national insurance card, American submitted settlement forms, Father and Brothers Proof of application.

If anyone was dealt with this or similar situations could they please post any information which they would feel helpful on resolving this situation.

[Marco 72]

Has anybody had any dealings with the home office losing applications?

My girlfriend is in the situation where the home office has lost her application for naturalisation.

When and how was the application sent? It can take a few weeks for the Home Office to acknowledge receipt of an application, unless you can provide them with a reference number.

We have no paper copies of confirmation but we have other proof that an application has been made, such as the issuing of a national insurance card, American submitted settlement forms, Father and Brothers Proof of application.

I don't see how any of this can count as evidence of her application being submitted. Did she send it by special/recorded delivery? If so, your evidence is the reference number at the bottom right of the receipt. You can get confirmation of delivery from the Royal Mail website. You may also call the naturalisation helpline (0845 010 5200) and quote that reference number.

[snv80]

The application was applied for 4 years ago. Unfortunately there have been many moves by her family and documents have gone missing !!!!! ?????

In regards to evidence documents had been received and subsequently lost in moves. Her step mother filled all applications in the US before moving and in the UK when landing. She filled for my girlfriends NI number using her US passport & the reply from the home office, therefore knowing a reply was received at some point after the application was submitted.

We have contacted the naturalisation helpline and they didn’t have a record, but they did instruct us on ILR should have been filled first and they wouldn't get anything until 5 years was up.

[sakura]

The application was applied for 4 years ago. Unfortunately there have been many moves by her family and documents have gone missing !!!!! ?????

In regards to evidence documents had been received and subsequently lost in moves. Her step mother filled all applications in the US before moving and in the UK when landing. She filled for my girlfriends NI number using her US passport & the reply from the home office, therefore knowing a reply was received at some point after the application was submitted.

We have contacted the naturalisation helpline and they didn’t have a record, but they did instruct us on ILR should have been filled first and they wouldn't get anything until 5 years was up.

Let me get this straight...

She applied for naturalisation before ILR? How old was she when she applied? I assume she came with her father who married a British woman? So she was probably under 18?? You'd need to explain for us, please.

You don't apply for an NI number at the Home Office, so it must be something else you're talking about?

Does she have her US passport, or did she submit it as part of the aplication? What has she been doing since (working, studying, etc), and has she had any problems (i.e. job applications, university, etc)?

The Home office should have a reference number for her father when he first applied for his visa. If she came with him, it should be the same number. (BTW- has her father's or brother's application been approved?)

[snv80]

My girlfriend came over to the UK in 2003 aged 17 under the custody of her stepmother (British). Her father followed 8 months later.

When she arrived she wanted to apply for naturalisation (due to her up brining in the US) her Father & Brother went for ILR there applications have been successful as far as I know (answers r difficult to come by)

My girlfriend started a new job in March. The company asked for proof she could work due to her passport stamp being out of date. A home office letter was produced from the stepmother. The company when validating the letter with the home office came across errors mainly the Ref Number not collating with the name. This now leaves her unemployed the first time since moving to the country back in 2003. Hence the link to the NI number being the strongest proof that at some point an application of sorts to remain in the country has been applied for.

Currently the home office have her passport due to us being advised that she need to complete the NTL form. Which we believe this is wrong imformation.

[Wanderer]

My girlfriend came over to the UK in 2003 aged 17 under the custody of her stepmother (British). Her father followed 8 months later.

When she arrived she wanted to apply for naturalisation (due to her up brining in the US) her Father & Brother went for ILR there applications have been successful as far as I know (answers r difficult to come by)

My girlfriend started a new job in March. The company asked for proof she could work due to her passport stamp being out of date. A home office letter was produced from the stepmother. The company when validating the letter with the home office came across errors mainly the Ref Number not collating with the name. This now leaves her unemployed the first time since moving to the country back in 2003. Hence the link to the NI number being the strongest proof that at some point an application of sorts to remain in the country has been applied for.

Currently the home office have her passport due to us being advised that she need to complete the NTL form. Which we believe this is wrong imformation.

I can't see how she has any right to be in the UK at all. Was she legally adopted by her British Stepmother? Presumably her father is American?

I'm usually wrong tho...

[sakura]

I am thinking the same as Wanderer...

So, she came at age 17 with her British stepmother...but did she APPLY for anything? She might have applied for a dependent's visa (as the dependent of her father's spousal application) and moved to the UK with her mother (assuming stepmother has legal responsibility).

You CANNOT simply come to the UK and apply for naturalisation...ILR/PR is always the first step, so at some point, she must have;
1.applied for a dependent's visa to enter the UK for a period of time and then, after 2 years or so (by this I mean if she applied as a dependent of her father's spouse visa)
2. applied for ILR

Nobody (except in the rarest of rare circumstances) can apply for naturalisation just like that, 99% of people applying need/get ILR/PR first (clarify for me...was she adopted by her stepmother? This changes things). How long had her parents been married, before they moved to the UK?

The stamp in her passport- what was it? A tourist stamp or a LTR (leave to remain) stamp? If there are errors in her application, or if she does not have any valid LTR (i.e if they have expired), then she will be classed an overstayer, and might not be able to make an in-country application. Since she is now over 18, she might not be classed a dependent....

Believe me when I say...many illegal immigrants have real NI cards, and a NI card clearly states it is not proof of indentification, nor legal residency. So simply having a NI card does not at all proove she applied for something at the HO.

[snv80]

As someone who is trying to get there head around immigration my knowledge is limited, however i do understand ILR ect should have been applied for first as part of the naturalisation process.

Her stepmother has dealt with all the applications and since lost varying evedience. I understand im clutching at straws for proof of application. It seems strange though her brother has documents stating he can work who moved here at the same time as my girlfriend, and assuming, applied for the same application.

The passport stamp is believed to be a 6 month tourist stamp can't confirm due to the home office having it. With regards to application after solistor conversation it is believed we can complete the SET(o) form under the heading of other.


I appreciate ur answers but at this stage im looking for positives.

[Marco 72]

The company asked for proof she could work due to her passport stamp being out of date.

Do you mean that the passport with her ILR had expired?

A home office letter was produced from the stepmother. The company when validating the letter with the home office came across errors mainly the Ref Number not collating with the name.

What does the Home Office letter say? Does it state that she has been granted ILR? What do you mean by "the Ref Number not collating with the name"?

Currently the home office have her passport due to us being advised that she need to complete the NTL form.

Who gave you that advice?

Which we believe this is wrong imformation.

What makes you think so? From what you write it sounds like your girlfriend may have come over with a dependent visa and subsequently obtained ILR. When she applied for a job her prospective employer assumed the ILR stamp was no longer valid because the passport had expired (an unfortunate mistake). Your girlfriend then had to obtain a new passport and send both passports to the Home Office together with form NTL to get her ILR transferred to the new one. Is this what happened? If so, everything is ok.

As others have pointed out, it sounds very unlikely that your girlfriend could have applied for naturalisation four years ago. Also, a National Insurance Number is no evidence of any right to work in the UK.

[Wanderer]

As someone who is trying to get there head around immigration my knowledge is limited, however i do understand ILR ect should have been applied for first as part of the naturalisation process.

Her stepmother has dealt with all the applications and since lost varying evedience. I understand im clutching at straws for proof of application. It seems strange though her brother has documents stating he can work who moved here at the same time as my girlfriend, and assuming, applied for the same application.

The passport stamp is believed to be a 6 month tourist stamp can't confirm due to the home office having it. With regards to application after solistor conversation it is believed we can complete the SET(o) form under the heading of other.


I appreciate ur answers but at this stage im looking for positives.

There's only one I feel, especially if she did enter as a tourist, that's the return to the USA and apply under the proper rules.

Difficult without her passport but can she obtain some sort of travel doc from the US embassy or even replace her passport?

Even so I still feel it's gonna be a struggle if she cannot gain entry to UK under her own criteria. As she's 21 dependent might be out of the question.

I think it's pointless pinning the blame on HO for lost docs, they'll wash there hands plus it seems the application was totally the wrong one in the first place.

Sorry

[sakura]

As someone who is trying to get there head around immigration my knowledge is limited, however i do understand ILR ect should have been applied for first as part of the naturalisation process.

Her stepmother has dealt with all the applications and since lost varying evedience. I understand im clutching at straws for proof of application. It seems strange though her brother has documents stating he can work who moved here at the same time as my girlfriend, and assuming, applied for the same application.

The passport stamp is believed to be a 6 month tourist stamp can't confirm due to the home office having it. With regards to application after solistor conversation it is believed we can complete the SET(o) form under the heading of other.


I appreciate ur answers but at this stage im looking for positives.

I would write that you need to speak with your girlfriend and her stepmother and ask exactly what they applied for. There might not be any positive news for us to give you, if we are all being frank.

At the end of the day, if ALL she had was a tourist stamp, and she did not apply for LTR at any point, she is at this stage an overstayer, there's no other way to put it. And overstayers (I might add- from safe countries like the USA) cannot apply for anything in-country. If she applied for naturalisation without ILR, it has probably been refused. You will never know if you have lost the documents, and if there has been no word from HO.

Even if she did apply for LTR, which is 'limited' leave to remain, and it expired before she applied for an extension or for ILR, then she is still an overstayer and still cannot apply for anything in-country.

So, it is important to find out exactly what she applied for, when and whether it has expired, because a solicitor saying you can apply, might not be right. Since the fees have gone up, I would get as much detailed information as possible before wasting hundreds of pounds and taking a test without knowing the application would be successful.

[snv80]

I understand all of ur comments thank you.

At the current moment im trying to force a sit down with all party's involved to assertain what has happend in the past, all cards on the table.

When this has been done i will be trying to book an appointment with the home office to clear the situation up and come to a detailed understanding of a route to go down to clear this up.

[sakura]

When this has been done i will be trying to book an appointment with the home office to clear the situation up and come to a detailed understanding of a route to go down to clear this up.

Ok, they're not your local GP service or something. Make an appointment for what? You can only make an appointment for an application, but that is not with the HO! The HO deals with a whole lot of stuff, including immigration...you mean the Border and Immigration Agency, but even with them you cannot make an appointment, otherwise thousands of people would do that to clear up their problems.

You can make an appointment with the PEO to make an application, but if you want clarification, you can only write to, or call, the BIA to find out about your status...they deal with too many people to meet face to face.

[sanfair]

The Home Office lost my application when I applied for FLR after I got married and I went round and round in circles with them.

I suggest sending a written complaint to their complaints department.
I also highly recommend contacting your MP and getting them involved as they pretty much did nothing until my MP contacted them.

It's probably also worth sending in another application with whatever documents or copies of documents you do have left just so that you have something currently with them along with a covering letter stating that they have lost the originals. That way she will at least (as far as they're concerned anyway) have a pending application with them.

Make sure you keep a record of every phone call, and letter and send absolutely everything by special delivery since from my experience they ignore anything that isn't.

My application (and both my passport and my husbands passport) have still not been found and as they are blaming everybody from the Post Office to the Immigration Tribunal for the loss so they don't have to pay compensation but after fighting with them for months and recording absolutely everything I at least have been granted my visa.

Good luck!