Spouse visa to ILR

[waleed205]

Hello, a question on behalf of friend:

- spouse of UK citizen
- almost 5 years in UK, ready for ILR
- complications with passport
Question: does she need passport and BRP card for biometric appointment? OR BRP card only will suffice?

I also checked HO website for her and I think she does not need an appointment at all, did I read this right?

Thanks for the help..


https://www.gov.uk/ukvcas
"
When you do not need an appointment
You may not need to attend a UKVCAS service centre if you’re applying for a replacement Biometric Residence Card (BRC) or Biometric Residence Permit (BRP).

You may also not need to attend if you’re applying for nationality, for example citizenship, or for indefinite leave to remain as a parent or partner of someone settled in the UK.
"

[zimba]

You need a valid passport to apply as per paragraph 34 of the immigration rules. UKVI can exercise discretion as long as 'the applicant provides a good reason beyond their control why they cannot provide proof of their identity'.

Note that all ILR applicants must attend a Biometrcis appointment unless UKVI says they can reuse their Biometrcis data which means they will only ask an applicant to enrol their digital picture via the App.

Also, an expired passport is not an issue for Biometrics enrolment as the UKVCAS accepts different ID documents :

Alternative forms of photographic ID may include:

National ID card
Expired (but not cancelled) passport or biometric residence permit or card
Government issued photographic ID such as UK photographic driving licenses (full or provisional)
Convention travel document (CTD), Certificate of identity document (CID) or Stateless person document (SPD).
If you do not have alternative photographic ID:

Bring any other official document that contains your personal details, such as an immigration status document from the Home Office or a full birth certificate

https://www.ukvcas.co.uk/faq

[waleed205]

Hi
We read in the past the asking the APP is only for people who use regular services, not any priority or anything. We also read that UKVI officer will not see your application until you go for the biometric. So how can she manage the two issues above? She is planning to use the super priority (if available the day she applies).

Should she submit the application online and schedule the biometric much later OR the UKVI site will automatically (built in checks) immediately notify her of the need not to schedule biometric appointment and only upload the photo.

Sorry of the lengthy question, but much appreciated as always.

[zimba]

Biometrics has nothing to do with the visa service chosen like priority service. No application will be processed until you enrol your biometrics either at an appointment or via the App. As I explained she needs a VALID passport to apply unless she can explain why this cannot be provided. I suggest against applying via priority given she has no passport. This may lead to complications and delays on its own