From (stolen) ILR to Citizenship

[moodyGecko]

Hi.

I'm on a deadline and without having found some clear answers hope some of you can help.

More than 2 weeks ago while on holiday in Greece, my friend and I had our pocket/bag picked in a metro train in Athens. I had a Canadian passport and my ILR in an older passport, both stolen along with my wallet. Somehow I made it back to the UK with a temporary passport and had that exchanged with a permanent one. Before this happened, I had planned to apply for Naturalisation but now the process seems to involve either a BIP or an NTL.

My question is, if I want to apply for citizenship aka naturalisation, I'm thinking I would need the NTL since I'm not replacing my visa, and as the application process for citizenship can take up to 6 months. Is this right? Logically, since the BIP is for transferring ILR vignette to a new passport (which I was told I didn't need to worry about - contrary to my boss ) plus, a BIP isn't necessary with citizenship. I'm just trying to figure out what I need to do without a whole lot of expense since the incident has cost me a lot already.

Also... Would I be able to apply for citizenship at the same time as one of the above or is it better to take care of one thing at a time?

Thanks for any help.

ps. I have a police report if that's any help.

[ohara]

How did you get back into the UK without the passport containing your ILR vignette? Were you stamped in as a visitor at the airport?

Also, what's a BIP? Do you mean a BRP?

[moodyGecko]

How did you get back into the UK without the passport containing your ILR vignette? Were you stamped in as a visitor at the airport?

Also, what's a BIP? Do you mean a BRP?

I approached customs very straightforwardly with my temporary passport and police report. The officer went to confirm that I had ILR and came back and stamped me through.

The stamp was on my temporary passport which has since been exchanged so I'm afraid I don't have the answer to that but i recall that the stamp looked ordinary.

Yes, the Biometric thing, sorry!

[ohara]

I approached customs very straightforwardly with my temporary passport and police report. The officer went to confirm that I had ILR and came back and stamped me through.

If that's the case then you should be OK. If they had stamped you in as a visitor, it may have cancelled your ILR

ILR is not issued as a passport vignette any more, it's a separate biometric card. Use the NTL (No Time Limit) application. Your application will come under extra scrutiny (page 9) as your passport containing the ILR vignette was stolen but as long as everything checks out, you'll be fine.

As part of the application you will be invited to enrol biometric information at a Post Office.

Unfortunately the whole ordeal will cost you £308 for the NTL BRP and £19.20 for biometric enrolment

[moodyGecko]

I approached customs very straightforwardly with my temporary passport and police report. The officer went to confirm that I had ILR and came back and stamped me through.

If that's the case then you should be OK. If they had stamped you in as a visitor, it may have cancelled your ILR

ILR is not issued as a passport vignette any more, it's a separate biometric card. Use the NTL (No Time Limit) application. Your application will come under extra scrutiny as your passport containing the ILR vignette was stolen but as long as everything checks out, you'll be fine.

As part of the application you will be invited to enrol biometric information at a Post Office.

Unfortunately the whole ordeal will cost you £308 for the NTL BRP and £19.20 for biometric enrolment

I had considered getting through on a visitor's stamp but glad I didn't go down that road, especially with what you said.

Not loving the Biometric info but understand it as security is getting tighter and tighter. now. The NTL form I already have printed out to save time in case it was the one needed.

And sadly I know about the cost. It's been an expensive, stressful and headache inducing ordeal. Thanks for making this part a little less painful for me. I really appreciate it!!

[ohara]

If it's any consolation, count yourself lucky as the application for ILR itself is now £1875

Once you have your NTL BRP, assuming you meet all of the qualifying criteria, go ahead and apply or citizenship. Ironically, once British citizenship is granted, you are required to destroy your BRP and return it to the Home Office

[moodyGecko]

OMG, that's double or more what I paid.

I know!! That irony sucks so much. Ugh, why don't they grant a temporary and less costly NTL BRP in cases where theft has been an issue and it's not the person's fault?

What someone might say is we don't make the rules, we just jump through the hoops...

[vinny]

There is no requirement to apply for NTL for the purpose of applying for naturalisation (see also Annex B: Residence requirements > 2 Checking the residence requirements).

However, in the same manner as if you were applying for NTL, you may show that you were granted ILR and that it wasn't revoked, nor lapsed, e.g. by your absence from the UK by more than two years, etc.

[seasky]

If that's the case then you should be OK. If they had stamped you in as a visitor, it may have cancelled your ILR

Do you have more info or a reference to a source on this that a visitor stamp cancels your ILR

[vinny]

A visitor is not seeking admission to the UK for the purpose of settlement.

Immigration Officers have the powers to cancel ILR, if

(iv) now seeks admission for the purpose of settlement.

fails.

[seasky]

A visitor is not seeking admission to the UK for the purpose of settlement.

Immigration Officers have the powers to cancel ILR, if

(iv) now seeks admission for the purpose of settlement.

fails.

Vinny,

Dual passport holder (USA and Canada), lives in UK under PBS visa In USA passport. inadvertently enters UK using Canadian passport, get's stamped in as visitor OR USA passport is at Indian embassy for India visa application and enters UK using Canadian PP . All explained to immigration officer who inadvertently stamps in as visitor. For clarification no intentional deception at all.

Continues onward, receives extensions to PBS visa etc. Did that visitor stamp stop continuous period for 5 year (or 10 year for that matter) ILR? Should he not have received extension? Since extension was given anyways does the cancel out the 'inadvertent' stamp?

The guidance on "Indefinite leave to remain: calculating continuous period in UK" mentions nothing at all on visitor stamps.

[Casa]

A visitor is not seeking admission to the UK for the purpose of settlement.

Immigration Officers have the powers to cancel ILR, if

(iv) now seeks admission for the purpose of settlement.

fails.

Vinny,

Dual passport holder (USA and Canada), lives in UK under PBS visa In USA passport. inadvertently enters UK using Canadian passport, get's stamped in as visitor OR USA passport is at Indian embassy for India visa application and enters UK using Canadian PP . All explained to immigration officer who inadvertently stamps in as visitor. For clarification no intentional deception at all.

Continues onward, receives extensions to PBS visa etc. Did that visitor stamp stop continuous period for 5 year (or 10 year for that matter) ILR? Should he not have received extension? Since extension was given anyways does the cancel out the 'inadvertent' stamp?

The guidance on "Indefinite leave to remain: calculating continuous period in UK" mentions nothing at all on visitor stamps.

Please don't highjack another member's thread. It's unfair to the OP and causes confusion.