lost ilr stamp

[clmaston]

Hi this is my first visit and just hoping for some help in trying to sort out my partners niece's immigration problems.

She first entered the uk aged 9 on a settlement to join parent visa.

She went back to her homeland for a holiday and to visit extended family almost 2 years later and then due to sudden death in family was unable to make her flight back to uk so her visa expired.

It was re-issued in october 2003 and she returned to the uk.

Soon after her passport was lost.

A new passport was given but the settlement to join parent visa was never re-applied for or replaced.

She is now 19 and over the past 5 years has made 3 attempts to get her ILR but each time is turned down because she cannot produce proof of how she entered the country. At the time of reporting her passport lost she had a police report but this was retained by her embassy.

There are no photocopies of the lost passport nor the visa that was in it although we do know the passport number. Anyone who needed a copy of the visa, ie the school, had a copy of the original one.

How can we prove how she entered the country?

She's in limbo as she cant leave this country as she'll not be allowed back in and she doesnt want to go home as all her immediate family, mum, brothers, sister, aunt, uncle and cousins are here. Not only that but her
friends and her whole life are here.

Any help or advice would be much appreciated.

Incidently, I have no real idea why the visa was not reapplied for at the time the passport went missing and nor why it took so long. Her mother doesnt read or write English particularly well and was a busy, working mum with two young boys at the time.

Thanks in advance

[vinny]

Apply for her SAR file.
Ask police for a copy of the police report, in case they still have it somewhere.

[clmaston]

Thanks for that Vinny. I'm new to all this immigration stuff and really dont have a clue.......just a teenager who's had a rough time and been let down. Really hope i can sort it out for her. Any idea as to how I can prove her address? She is living with me at the moment but doesnt have any bills or anything to prove her address. Would a letter from me suffice?

Will also try the poluce station although I seem to think that paperwork has to be kept for seven years? Not sure they'll still have it.

[vinny]

A letter from you, plus schools' reports and doctors' correspondence may help to confirm her residence in the UK over the years. Any bank/National savings statements, etc.?

Has she tried applying for a NTL three times already?

[clmaston]

Yes. That's probably going to count against her isnt it?
Her step father tried to apply in 2006 on her behalf and was asked for supporting documents ie, copy of visa. As they hadnt got this they gave up.
Her aunt then helped her to apply again and was again refused as no proof of how she entered. Again they applied stating that as the visa was lost they couldnt prove how she entered and of course it was refused again.
It seems rather than look for a way around it or try another approach ( ie get the info necessary) they just kept reapplying hoping someone else would do the hard work.

She will have school and doctors stuff from her previous applications and she also has a copy from the border agency records stating how she entered but this was printed off by a friend who works there rather than go down the correct approach!

No savings unfortunately and very hard now to do much as she is over 18 she needs proof of immigration status for just about everything.

Your help is much appreciated - thank you.

[vinny]

she also has a copy from the border agency records stating how she entered but this was printed off by a friend who works there rather than go down the correct approach!

That's good. Her SAR record should confirm her ILE status. She should also include the copy of it with the NTL application.

(Click on links for more info)

[clmaston]

well she had this last time she applied but it didnt seem to make any difference. It is just printed on plain white paper so doesnt look official.

I will get her to apply for a SAR today and we will also write to the british embassy that issued her visa to see if they have a copy on file. I'll write to the local police station too and also her Embassy in London to confirm her passport was reissued due to previous one being lost. They may still have the police report.
I will check what other documentation she has from schools and doctors. Although since leaving school she has had ongoing medical issues which are all well logged so will hopefully be enough to cover the whole period.

By the way, it is the NTL she has been applying for.

[vinny]

Include as much evidence as you can, in line with the NTL Immigration Directorates' Instructions.

Good luck!

Let us know how you get on.

[clmaston]

Thank you so much for your help and the links. i at least have some idea of what we need to do now.

Will let you know how we get on

Thanks again

[clmaston]

A quick update.........

Just heard back from the SAR request and despite requesting a letter or proof of how my niece entered the country they have just sent us copies of all applications for ILR and correspondence.

So, my next step is.......?

Their reason for turning down her ILR is that she needs to show proof of how she entered the country.

With her passport lost. No police report. No re-issued ILR visa. How do we do this?

The UKBA office that sent out the SAR say that it isnt their department that
can print out details of all her entries and exits to/from this country. Anyone know where I can get this officially?

Until she left shool four years ago she wasnt registered with a doctor or dentist. The school will be able to proide a letter to prove she was a student until aged 16 but will this be enough?


The ILR was turned down for lack of evidence of how she entered the country.
She needs to provide either
the passport with visa. (lost so not possible)
an immigration status document. What is this and how do you get one?
or a letter from the home office confirming her status. How do we get one of this?


Any help gratefully received as I am now at a loss .......

[vinny]

I'm disappointed that her SAR records did not contain her landing card details. Does she remember where and when she entered the UK? Perhaps she could ask the Chief Immigration Officer at the port of entry for further help?

[clmaston]

Thanks again Vinny.. Really thought the SAR would give us the info we needed but they said they couldnt provide it.

We know roughly when she entered, month and year. And we have an email from the British Embassy that issued her ILR to confirm the date it was issued.

Would the Chief Immigration Officer at Heathrow be part of the UKBA? Or just at LHR?

What an awful mess she's been left in.......... just feel so bad for her....

[vinny]

Immigration Officers are part of the UKBA. I would expect them to be able to find/trace her landing cards' details.

[clmaston]

Cheers....another stone to unturn!

Any ideas on what an immigration status document is? Or how you get one? Just wondering if that route might be a possiblilty?

[vinny]

See also here and here.

[geriatrix]

What is this and how do you get one?

My neice came in 2001 on a settlement to join parent visa aged 9. Went back to country of origin for a holiday, visa expired. Was re-issued and she returned here in October 2003 now aged 11. Her passport and her visa were lost soon after and although her mother arranged a new passport she never got the visa re-issued. Fast forward to now and my niece is 20 with no proof of entitlement to be here. She has applied for ILR and been turned down as she needs to prove how she entered the country. The letter states to show her passport with visa ( which she cant because it is lost) or and Immigration Status Document or a letter from the Home Office stating how she entered the country. We have requested this via SAR and been told it is not possible. So, now left with the Immigration Status Document but no idea how to get one of these?

Really appreciate any help....thanks.

[geriatrix]

Immigration Status Document is "the (visa) vignette printed on a plain piece of paper instead of a passport".

ISD is issued by UKBA when an immigration application has been approved but it is not possible to print the vignette in the passport for some reason under the rules (e.g. - applicant doesn't possess a passport (e.g. - refugee) / passport submitted expired while application was under consideration / etc.).

ISD is not an "alternate proof" of immigration status that one may request from UKBA as and when one requires to prove it.

[Mr Rusty]

Immigration Officers are part of the UKBA. I would expect them to be able to find/trace her landing cards' details.

Sorry, I don't think the OP will have any luck with landing cards, and certainly not from a port/airport immigration office. Most cards are collated for statistical purposes and then destroyed. Almost the only cards of which an individual record is kept are where an IO grants entry as a visitor to a non-visa national and makes notes on the card. For visa nationals (or any passenger entering with a visa) the visa itself is "leave to enter" and the VAFs are all recorded on a database.

[Greenie]

there should be a record of her original application for entry clearance - perhaps this is with the FCO or the embassy where the application was originally made as visa/entry clearance applications were the responsibility of the FCO at that time. A separate SAR to the FCO may help?

[abiodua]

I want to say that going forward for everyone; to be on the safe side incase of lost passport, its a good idea to always have the biometric page and visas on a passport scanned and sent to your email box or save somewhere on an external drive for issues like this.

This is something i did and it helped me in the past.

[Mr Rusty]

there should be a record of her original application for entry clearance - perhaps this is with the FCO or the embassy where the application was originally made as visa/entry clearance applications were the responsibility of the FCO at that time. A separate SAR to the FCO may help?

Indeed there should be a record of her original EC application - the OP has already said that the Embassy that issued it has confirmed doing so. I doubt whether there would be a paper file file still in existence, it's nearly ten years since the subject's re-entry in 2003, and embassies were never keen to store large quantities of old files. By that time, visa applications and issues were computerised on a Central Record System, so there shouldn't be any dispute about the visa issue. By that time also, the visa itself was "leave to enter". An entry on the Central Record System in 2003 is not likely to contain much detail.
I don't quite understand why UKBA caseworkers are now demanding proof of "how she entered" the UK - presumably they want to see an IO's stamp which the subject can't provide. I would maintain that given the evidence that she had leave to enter as explained above, and if she can provide evidence that by some date in 2003/2004 she was attending school/college, joined the Brownies, taking tap-dancing lessons, whatever, she was legally in the UK from that date and the absence or otherwise of an IO's endorsement is irrelevant.
I think the FCO would merely refer her to UKBA. Abiodua's advice is absolutely vital for any travelling anywhere at any time, even on holiday.

[clmaston]

Thank you for all answers........ have had a busy few days at work but have now managed to compose several more letters to send out requesting the information needed.......

will update when we get replies......


Thanks again everyone for yor help......

[clmaston]

Can you believe we are still no further forward?!

If anyone remembers this from before, here's a quick update,

I felt I was no longer able to pursue this without some legal advice. The lawyer was helpful, I understood where we were at and what we were up against, but the advice she gave wasn't good and would have been virtually impossible to follow.

Anyway, my nieces parents sought further legal advice and instructed a lawyer to do the rest of the work ( most had already been done by me). The HO requested niece to go and get her fingerprints done, which she finally made her way to do on the very last day possible. Since then they have requested proof of her address between 2001-2004. We made a plan, I wrote a couple of letters- got replies. Her uncle chased a couple of people for statements- done. Her step dad got a couple done. Niece herself had a few people to get them from and also to write a statement to go with photos of her growing up here, attending school, birthdays etc. so far she appears to have done nothing.
There is no official confirmation of her being here as she never had a bank account, was never registered with a doctor or dentist.
I just can't seem to get any ummpf from her, there's no desire to put any effort into it. She's just wanting everyone to run around after her - she's 22.

I know that very soon the HO will close the case due to lack of response - does anyone know how long they give you to reply with requested documents?

If this happens None of the family will be prepared to throw anymore money away on her. Sounds harsh but there's only so much help you can give someone and we are not in a financial position to keep funding her. She already lives with us and uses the place as a hotel with full board! She doesn't work, volunteer or do anything- just sits around, chats to friends, wanders into town at the first sign of work!

If the home office close her case ( she has already had two cases closed for lack of response) what will her options be? Does she turn herself into the home office and ask to be deported back to Thailand?

I have visions of her living in my spare room ( desperately needed for my daughter) forever as until her visa is sorted she is in limbo........ I'm just sick of being the only one putting any effort into sorting her life out.

Sorry for the rant

[vinny]

If you opened a bank account many years ago, they may have copies of your passport, taken for ID, might be worth a try? The same for university, if you went to one.

[clmaston]

Unfortunately there is no trail........ Her mother never opened a bank account for her, she was never registered with a doctor or dentist until she was 16 which was 2007.
She did attend school here, however, the education authority have a letter from a 'relative' (boyfriend of an aunt (who had recently married a 'friend')to gain a passport) stating that she was his guardian, living at different address to her mother. This was done to gain a school place at a better school across town.

How long do the HO give you to supply letters/documents??

On two previous applications she has been asked for documents and failed to respond.