ECO refusing to accept ILR stamp for fiance visa

[M4HON]

Hello to everyone on the Board. I've been searching for a forum like this and glad to find this one. This is a first post and I apologise for the length of it.

I am a South African citizen with Indefinite Leave to Remain granted in 1978 when I was 17. I have the standard "Given leave to enter the UK for an indefinite period" stamp in my passport. This stamp has been transferred into each successive renewed SA passport over the years when I have returned to the UK following a holiday or business trip.

I obtained ILR as my mother (an SA citizen) married a British citizen who was working under contract to a British company in SA. My siblings and I were legally adopted in SA by my mother's new husband in 1974. A few years later, my step father's contract in SA ended and the family decided to move to the UK. At some point, they began the process of obtaining ILR for us adopted children through the British High Commission in Johannesburg.

When we eventually flew to the UK, my passport was stamped on arrival at Heathrow with the "Given leave to enter the UK for an indefinite period" stamp. I have simply never bothered to get a new style BRP or vignette in my passport as the stamp was always good enough for UK Border Agency when I came or went.

Fast forward 34 years and I applied to obtain a visitors visa for my partner to visit me in the UK. As her sponsor, I submitted all the relevant supporting documentation and a copy of my current passport and the stamped page showing ILR. My partner submitted this to the British Embassy in her country and a few days later was granted a 6 month visitors visa without any queries or issues.

We have now submitted all the relevant documentation to the same British Embassy for a fiance visa. A week afterwards we received an email asking us to provide evidence of my status in the UK. I referred them to the stamp in my passport which had been sent to them in the supporting documentation. They then replied that it was necessary for me to explain how I had come to be granted this ILR status. I outlined the details above and sent them copies of my adoption certificate, my parents marriage certificate and a copy of my stepfathers birth certificate. I also included a copy of the original passport I had used on first entry to the UK 35 years ago.

They have now replied with "The entry clearance officer has examined all the documents that you provided. Given the absence of the original of the old passport valid at the time when conditions were given, please request and provide documents from the Home Office for the officer to be able to proceed with the application assessment." They have given me 7 days to provide this. I have written back to the Embassy to ask if I can DHL the original of the passport used on first entry to the UK and if this will be acceptable and still await a response.

I contacted the Home Office and after an hour of being given the run around finally got to speak to someone (telephone numbers on websites no longer in use, caller options leading to voice messages that you should use their website etc, etc) When I outlined all the above and asked them to provide me with a letter confirming my status, I was informed that they could not do this as my original application was processed in SA and they would have the records. They also seem surprised that the ECO was not prepared to accept the ILR stamp in my passport as evidence of my status. It was suggested that given the length of time since it had been granted, the only way to get any information would be to make a Freedom of Information request which would take up to 40 days and may or may not reveal anything useful as they delete records after 15 years! I asked about an NTL stamp and they said it was not necessary as I had the ILR in my passport but that I could pay the fee and go this route, although it could take up to 6 months if it was straight forward. I fail to understand how they will be able to issue NTL if they are telling me they delete records after 15 years. There must be something in their system which proves my status that they could write to me to confirm?

I should point out that I asked my parents for the Home Office paperwork but they are both approaching their 80's and in poor health. They simply don't know/can't remember what they may have done with any of the original Home Office documentation regarding the granting of ILR for me in the intervening 35 years. I assume it was granted on the basis of my mother being married to a British citizen.

I have a few questions which I hope you may be able to help with:

How was a visitors visa granted without any problem using the same documents and passport I have submitted again now, in order to obtain a fiance visa?

Why is the Entry Clearance Officer moving the goal posts each time I substantiate any questions with evidence?

Is he overstepping his remit by insisting that the stamp in my passport is not good enough evidence of my ILR?

Is there anything which I can respond with to the CO to point out that I have supplied all evidence required and the application should be progressed?

Is there a way to get a letter from the HO about my status? Who and how though?

I don't understand how the HO can say they don't have any records here. They surely must have as I would be denied entry into the UK after a trip abroad if they held no details about me, wouldn't they?

Apart from the distress this is causing us both, we stand to lose a significant sum of money if the application doesn't proceed. Any help, advice or information you might be able to offer on what we can do to expedite this speedily would be very gratefully received.

[Casa]

It could be that the original passport will suffice. It's rare that the ECO will accept a copy of an official document if it hasn't been legally certified. This may be the problem.

[M4HON]

Thank you for your response. The confusing thing is that they accepted the copy previously without question when they issued the visitor visa.for my fiance. I don't understand why it is now an issue. If the ECO refuses to allow me to DHL the original passport, I still have the issue of how to get something in writing from the Home Office.

[sagareva]

look
it is not in itself unusual
for visitors visas they often accept copies of documents
but for residence visas, they usually do not
that being said, for instance if I have my ILR on a BRP and I enclose a copy, of course they dont need the original because they can see it in the computer
but in your case I think frankly the original passport should suffice