Lost passport with PBS Tier-1 visa in India, please Help!!!

[Prashatt]

Hi,

Recently i lost my passport and i had PBS tier-1 general visa stamp which is valid for 3 years.

I have been living and working in the UK for more than 3 years. I find this to be totally illogical, why can't I get my valid 3 years visa stamped on to my new passport straightaway?

I had applied for Tier-1 to visa and got a refusal letter because of educational qualification criteria!(as per the new rules I need to have a Master's degree now, but I have a Bachelor's)

The BHC/Embassy in Mumbai, doesn't entertain visa enquiries, its just re-directed to VFS which never has a clue about exveptional cases like this. Is there a way out? Can I apply for another visa to get back to UK and work again?

Can anybody Help me on this?

More details on the above post:
I had been working in UK on a Work Permit. I then switched to Tier-1 visa in April 2009, my passports are lost in Mumbai, India. Unfortunately, UKBA doesn't allow a Transfer of visa to new passports (in India, how and why??). Now, I had to apply for a new Tier-1 visa through VFS as there is no alternative available. UKBA changed their Tier-1 rules which will consider only Masters' degree for newer applications, this is the point where I am not eligible. My friends and colleagues say TOC is possible in UK but its not possible here in India. VFS/British High commission never considered my cover-letter , Police report and my visa approval letters which I had attached along with the application. So my application was refused straightaway. How do I tackle this issue? Is there any solution for this problem? Can I visit UK on Business visa and ask them to grant me my Tier-1 visa there? Is Tier-2 work permit still the option?

Thanks,
Prashant.

[tvn_ramesh]

Prashatt.. very sorry to hear that.. yes it is very illogical to apply fresh if outside UK.. (but UKBA might have its own reasons..)

I think Tier2(G) is the best option if your employer is ready to sponser you.. pls see the Tier2 section

http://www.immigrationboards.com/viewforum.php?f=39

But pls wait for other seniors or experienced guys to respond..

Goodluck mate..

[Prashatt]

I would like to know why UKBA has such a stupid rule(or no rule at all exclusively for lost and stolen passports!) for people in countries outside UK?
UKBA has always been a failure in stopping illegal immigrants whether through France or through sea, but its always ready to impose stupid rules in place which affect innocent legal migrants like us.

[meats]

I would like to know why UKBA has such a stupid rule(or no rule at all exclusively for lost and stolen passports!) for people in countries outside UK?
UKBA has always been a failure in stopping illegal immigrants whether through France or through sea, but its always ready to impose stupid rules in place which affect innocent legal migrants like us.

Probably because after Labour bankrupting the UK they're now trying to get money back wherever possible and off of everyone possible, whether through immigration or by ramping up taxes on lower earners.

[ChetanOjha]

Probably because after Labour bankrupting the UK they're now trying to get money back wherever possible and off of everyone possible, whether through immigration or by ramping up taxes on lower earners.

also by rejecting as much application as possible or by introducing additional fees for dependents.

[apply4hsmp]

very scary, need to learn from this, better be very careful when u go next to India.

[push]

Probably because after Labour bankrupting the UK they're now trying to get money back wherever possible and off of everyone possible, whether through immigration or by ramping up taxes on lower earners.

also by rejecting as much application as possible or by introducing additional fees for dependents.

Its a well established policy of UKBA to require the applicant to reapply:

What do I do if my passport and visa are lost or stolen?
You must first apply for a replacement passport and then reapply to a visa application centre or visa section for another visa. You will need to provide a police report as evidence that your passport has been reported missing or stolen. You will have to pay the fee again and produce all supporting documents.
If you are in the UK, you should also contact your country's Embassy for a new travel document and the UK Border Agency Public Enquiry Office for a new visa.

[Prashatt]

With stupid legislations being passed every fortnight and more stupid rules in place, whats the alternative way to get back to UK?
Why do the new rules be applied to older lost & stolen visa applications outside UK?
Please can anybody from the UKBA or any ex-immigration officer from this forum answer my query? This is an urgent query and I have my UK job at risk because of this problem.
According to my office, I can't apply for Tier-2 as well because I haven't spent a year working offshore.

Really frustrating!!!!!!

[apply4hsmp]

With stupid legislations being passed every fortnight and more stupid rules in place, whats the alternative way to get back to UK?
Why do the new rules be applied to older lost & stolen visa applications outside UK?
Please can anybody from the UKBA or any ex-immigration officer from this forum answer my query? This is an urgent query and I have my UK job at risk because of this problem.
According to my office, I can't apply for Tier-2 as well because I haven't spent a year working offshore.

Really frustrating!!!!!!

Its not that easy to sponsor a person on Tier2 visa, the jobs needs to be advertised etc. etc. for weeks before you can sponsor anybody.
Rules are not the same with tier system as they were earlier.

Companies have to prove (on paper) their is a genuine demand to sponsor because of the "British jobs for british workers" thing.
Its not that straight forward as has many angles e.g. political climate, economical climate, skill shortage etc. to it and not just getting a tier2 visa.

[Sushil-ACCA]

With stupid legislations being passed every fortnight and more stupid rules in place, whats the alternative way to get back to UK?
Why do the new rules be applied to older lost & stolen visa applications outside UK?
Please can anybody from the UKBA or any ex-immigration officer from this forum answer my query? This is an urgent query and I have my UK job at risk because of this problem.
According to my office, I can't apply for Tier-2 as well because I haven't spent a year working offshore.

Really frustrating!!!!!!

Respect law of country , U lost passport and spiting venom on others and than u need help , Great --

[mvent00]

Sorry to hear that Prashant, but you should not blame law because of your mistakes. Contact an expert immigration lawyer to help you out, chances are very less though. May be in the coming weeks, the required education level for Tier 1, would be dropped down to Bachelor's degree, then you might have a chance. Anyway, good luck.

Probably because after Labour bankrupting the UK they're now trying to get money back wherever possible and off of everyone possible, whether through immigration or by ramping up taxes on lower earners.

also by rejecting as much application as possible or by introducing additional fees for dependents.

Its a well established policy of UKBA to require the applicant to reapply:

What do I do if my passport and visa are lost or stolen?
You must first apply for a replacement passport and then reapply to a visa application centre or visa section for another visa. You will need to provide a police report as evidence that your passport has been reported missing or stolen. You will have to pay the fee again and produce all supporting documents.
If you are in the UK, you should also contact your country's Embassy for a new travel document and the UK Border Agency Public Enquiry Office for a new visa.

[Prashatt]

I admit that its a mistake on my part if my passports hv been lost/stolen... but ur reply is the worst ever!!! u sound to be a dumb immigration officer who can go only by books and blame ppl even if there's no uniform law ... or even a separate process for lost and stolen case!!!!!!!
Yeah v can't predict tier-1 rules may soon change bcoz the intelligent citizens are themselves moving out to Australia, NZ, US and other European countries.

[vks]

I admit that its a mistake on my part if my passports hv been lost/stolen... but ur reply is the worst ever!!! u sound to be a dumb immigration officer who can go only by books and blame ppl even if there's no uniform law ... or even a separate process for lost and stolen case!!!!!!!
Yeah v can't predict tier-1 rules may soon change bcoz the intelligent citizens are themselves moving out to Australia, NZ, US and other European countries.

I feel sorry for the situation!
Most of the people here are volunteers and you should appreciate the fact that you get responses immediately(not to mention the fact regarding suggestions!)

[mvent00]

With stupid legislations being passed every fortnight and more stupid rules in place, whats the alternative way to get back to UK?
Why do the new rules be applied to older lost & stolen visa applications outside UK?
Please can anybody from the UKBA or any ex-immigration officer from this forum answer my query? This is an urgent query and I have my UK job at risk because of this problem.
According to my office, I can't apply for Tier-2 as well because I haven't spent a year working offshore.

Really frustrating!!!!!!

I admit that its a mistake on my part if my passports hv been lost/stolen... but ur reply is the worst ever!!! u sound to be a dumb immigration officer who can go only by books and blame ppl even if there's no uniform law... or even a separate process for lost and stolen case!!!!!!!
Yeah v can't predict tier-1 rules may soon change bcoz the intelligent citizens are themselves moving out to Australia, NZ, US and other European countries.

I think your this kind of attitude may result in banning you on this forum as well as a rejection of your appeal process, if there is any!!

[gordon]

The OP should read the guidance more carefully; they very clearly state the following:

If you can prove that you are entitled to live here, the immigration officer at your port of entry will put a date stamp in your new passport. You must then send us an application form asking us to place a residence permit in your new passport. You must be in the UK when you make this application.

If your passport or a dependant's previous passport or other document has been stolen, you should provide a police report confirming this, together with any UK Border Agency letter telling you or your dependant that you had been given limited or indefinite leave to remain.

I travelled a few months ago with my cousin, also on Tier 1 (G), whose passport was stolen whilst abroad (not in country of origin): he obtained an emergency passport, the original letter that came with his FLR, a letter from his employer, along with their copy of his residence permit, and presented those with the police report when we returned to Heathrow. We waited a bit whilst the immigration officer made inquiries, but then they let him through, with the simple instruction to submit the TOC application, once he received the replacement standard passport.

So I don't see that there's much of a problem, and its solution is quite straightforward.

[Prashatt]

I am sorry that i'm too harsh @ your replies, can you imagine a similar situation in which u lose ur passports when u r on a 1 month holiday to ur homeland..... & just bcoz of the so-called rules in ur homeland u r stranded there without a visa(just bcoz rules changed overnight and UKBA have stopped transfer of visa from lost to new passports!!!)

I spent a fortune over getting the visas transferred to my new passports & this is all I get to after living & working in the UK for more than 3 years!!!

Its not a question of attitude my friend, the rules are not set properly by UKBA & there's no alternative way to get back to UK.... even if u hv a genuine reason to b there!!

this means u r answering queries just to increase ur reply-count.

[Prashatt]

Thanks Gordon, I wish the same happens when I turn up at heathrow airport. I have all these documents with me right now & submitted them even while applying for a tier-1(G) here at VFS but still my application got rejected by British High commission. I don't know wat to say now, but fear of getting deported or getting banned from UK for the next 10 years.

[tipu20]

Hi Prashatt,

Really sorry to hear your situtation, please take a look on the following website (internal case works guide) which have some useful information.

http://www.ukvisas.gov.uk/en/ecg/ecbasi ... tonewpassp

from the above link "For replacement visas, PROVISO and other records should be updated to take account of the lost or stolen passport and visa."


Can you check if you can apply for replacement visa from vfs in india ? then i think that's what you shold have applied.

my 0.02 cents

Regards,
Tipu

[Prashatt]

Thanks Tipu, I had checked with local VFS office & VFS helpline and they all said I need to re-apply as fresh application... but there is a list of miscellaneous services available but don't know whether transfer of visa is one of the valid options there...

[gotcha]

Thanks Tipu, I had checked with local VFS office & VFS helpline and they all said I need to re-apply as fresh application... but there is a list of miscellaneous services available but don't know whether transfer of visa is one of the valid options there...

http://www.vfs-uk.co.in/visafees.aspx this link have mention of "Vignette Transfer".
Which could applied to you.

And as per link given by tipu20 you should able to succesfully transfer visa on new passport.

From your previous replies,

Its not a question of attitude my friend, the rules are not set properly by UKBA & there's no alternative way to get back to UK.... even if u hv a genuine reason to b there!!

this means u r answering queries just to increase ur reply-count.

I think you are over reacting. You should appreciate fact that, nobody is getting paid here for replying you. or not going to get any certificate.

I know, you are in very unfortunate situation. But, rules are there by UKBA, either you should have read it before hand or taken professional help.

Reason your application rejected is you applied it as Tier1, instead you should have approached them with these rules.

[nionlight]

this is another most rediculous law,(if the law really exists. not sure if it exists) i believe in whole world, by home office. this simply unbelievable. loosing passport is an accident. and home office is punishing for accident? and i am surprised some people here are backing up this law?? shame on you. you should have guts to say black as black and white as and white. he lost his passport is it his mistake or accident? some one may get robbed and lose the passport.
what if home office decleares a new law tomorrow that, if some one gets sick while holding tier-1 will need to go back home and reapply? how will you back that up??????? this law is simply the worst law i have ever seen. if some one loose passport outside uk (people even can be hijacked and lose their bag holding the pasport) have to reapply fresh with current rule at that time?????????? oh man give me a breakkkkkkkkkkkkkkkkk

[meats]

this is another most rediculous law, i believe in whole world, by home office. this simply unbelievable. loosing passport is an accident. and home office is punishing for accident? and i am surprised some people here are backing up this law?? shame on you. you should have guts to say black as black and white as and white. what if home office decleares a new law tomorrow that, if some one gets sick while holding tier-1 will need to go back home and reapply? how will you back that up??????? this law is simply the worst law i have ever seen. if some one loose passport outside uk (people even can be hijacked and lose their bag holding the pasport) have to reapply fresh with current rule at that time?????????? oh man give me a breakkkkkkkkkkkkkkkkk

So it's also a ridiculous law that you have to pay for a replacement passport too according to your logic?

[gotcha]

this is another most rediculous law,

There is no law like this. If you see link by tipu20, there is clear provision for such cases.

I think, in OP's case , it's case of avoidance by VFS. I don't see it's as mistake by BHC, he should not have applied as Tier1 application in first place. He should have asked for "vignetter transfer".

I think, he should have read all documents with calm head.

[mvent00]

this is another most rediculous law,

There is no law like this. If you see link by tipu20 , there is clear provision for such cases.

I think, in OP's case , it's case of avoidance by VFS. I don't see it's as mistake by BHC, he should not have applied as Tier1 application in first place. He should have asked for "vignetter transfer".

I think, he should have read all documents with calm head.

I did not know the link from tipu20, so I suggested OP to consult an immigration lawyer. I think OP can still follow the same procedure for a replacement visa. He should prepare a strong case with print out of these laws, mentioned by tipu20, from UKBA website, together with required documents and apply for a replacement visa. Good luck.

this means u r answering queries just to increase ur reply-count.

One more to my reply-count

[Prashatt]

Hi,

for all this while... even now when I enquire with VFS they say the only option available for lost/stolen passports is "re-apply for Tier-1(G) visa"
the same message has been given even by the British Deputy High Commission based in North Mumbai when I called & email-ed them.
So, I think they don't provide this service in Mumbai (as per BHC, Mumbai).

Thanks,
Prashant.