General UK immigration & work permits; don't post job search or family related topics!
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SgtBellPepper
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by SgtBellPepper » Sat Feb 06, 2010 10:38 pm
Hi guys (and gals),
Hopefully someone can help me out on here.
My wife is a South African and has ILR and has had it for a while.
However whilst visiting South Africa recently she lost her passport.
Getting a replacement passport from the South African Home Affairs department should not prove difficult.
However how does she go about getting a replacement ILR for the new passport so that she can return to the UK?
Any help would be appreciated.
Thanks.
EDITED : Just to add both our daughter and I are British citizens.
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kiranchinnu
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by kiranchinnu » Sun Feb 07, 2010 11:49 am
SgtBellPepper wrote:Hi guys (and gals),
Hopefully someone can help me out on here.
My wife is a South African and has ILR and has had it for a while.
However whilst visiting South Africa recently she lost her passport.
Getting a replacement passport from the South African Home Affairs department should not prove difficult.
However how does she go about getting a replacement ILR for the new passport so that she can return to the UK?
Any help would be appreciated.
Thanks.
EDITED : Just to add both our daughter and I are British citizens.
check this out
http://www.ukvisas.gov.uk/en/faqs/5167621/2991775
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SgtBellPepper
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by SgtBellPepper » Sun Feb 07, 2010 5:22 pm
Thanks for the link.
I am a little confused though. It says I must reapply for the visa!?!?
To which visa are they referring?
Do we just reapply for the ILR or do we have to reapply from the beginning for a spousal settlement visa?
And then they ask about supporting documents. I cannot for the life of me remember what docs I submitted when she applied for her ILR.
Cheers.
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geriatrix
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by geriatrix » Sun Feb 07, 2010 5:31 pm
Although
this post is by someone who lost his passport with a Tier 1 (General) vignette, reading the (entire) post will be useful.
My suggestion is that you get in touch with UKBA visa section at the BHC in SA nearest to you and enquire about the "exact" procedure for issuance of a *replacement* (ILE) vignette and the supporting documentation required.
See also
ECB17.1 and ECB17.2
regards
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SgtBellPepper
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by SgtBellPepper » Sun Feb 07, 2010 6:02 pm
Thanks for your help.
Very much appreciated.
I will get hold of the BHC and let you know what happens.
Cheers.
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SgtBellPepper
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by SgtBellPepper » Mon Feb 08, 2010 1:33 pm
Hi guys,
Just an update.
Spoke to a nice lady at the BHC and she informed me that wife would have to apply for a new passport form the SA Home Affairs.
Then once she has received this, she should apply for a returning resident visa.
Hmmmmm. Thoughts?
Thanks.
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kiranchinnu
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by kiranchinnu » Mon Feb 08, 2010 1:38 pm
SgtBellPepper wrote:Hi guys,
Just an update.
Spoke to a nice lady at the BHC and she informed me that wife would have to apply for a new passport form the SA Home Affairs.
Then once she has received this, she should apply for a returning resident visa.
Hmmmmm. Thoughts?
Thanks.
good ,
pls update us with whole process once your have got her ILR stamped.
might be usefull for others.
all the best
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SgtBellPepper
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by SgtBellPepper » Tue Mar 30, 2010 3:47 pm
They have DECLINED her an entry clearance visa now!!!!
I am so upset and angry. I have handed the matter over to an immigration attorney to sort out the appeal!
Thanks all for the support so far anyways.
Cheers.
Sarge.

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stmellon
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by stmellon » Tue Mar 30, 2010 5:15 pm
Sorry to hear that, Sarge. Can you tell us the refusal reasons?
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geriatrix
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by geriatrix » Fri Apr 02, 2010 8:41 pm
How come an application for EC was made when, in light of your original post, a replacement vignette (ILR) should have been requested for?
regards
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bani
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by bani » Fri Apr 02, 2010 9:09 pm
sushdmehta wrote:How come an application for EC was made when, in light of your original post, a replacement vignette (ILR) should have been requested for?
regards
Visa is for a "returning resident", it is the EC equivalent of ILR as the person lost her passport out of the UK. If it were in the UK, replacement ILR would suffice.
To the OP, what were the reasons she was refused? Did she not have proof of the ILR she held?
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geriatrix
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by geriatrix » Fri Apr 02, 2010 9:31 pm
bani wrote:sushdmehta wrote:How come an application for EC was made when, in light of your original post, a replacement vignette (ILR) should have been requested for?
regards
Visa is for a "returning resident", it is the EC equivalent of ILR as the person lost her passport out of the UK. If it were in the UK, replacement ILR would suffice.
When a request for replacement ILR from outside the UK, AFAIK, one is issued a ILE (instead of ILR) vignette!
IDI > General provisions > Section3: Returning residents wrote:REQUIREMENTS FOR ADMISSION AS A RETURNING RESIDENT
Prior entry clearance is not mandatory when a person is seeking admission to resume his residence within 2 years of his embarkation and it will not normally be necessary to make any further enquiries unless there is substantial evidence to doubt the person's true intentions or his entitlement to residence status. Even where a person has been away for over 2 years and is applying under Paragraph 19, entry clearance is not mandatory unless the person is a visa national.
2.1. Key points
The immigration officer needs to be satisfied that the passenger:
♦ had indefinite leave to enter or remain in the United Kingdom before they last left the United Kingdom;
♦ did not receive assistance from public funds towards the cost of leaving the United Kingdom;
♦ has not been away from the United Kingdom for longer than two years; and
♦ is seeking admission for the purpose of settlement.
Having read through the
other posts by the OP, it seems there might be more to the case than what has been posted in this topic.
regards
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bani
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by bani » Fri Apr 02, 2010 10:44 pm
sushdmehta wrote:When a request for replacement ILR from outside the UK, AFAIK, one is issued a ILE (instead of ILR) vignette!
This is what I had thought as well, but have read many accounts to the contrary. British consulate make those who lost their passports with ILR apply for a "returning resident" visa.
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Nazz
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by Nazz » Tue May 03, 2011 12:31 pm
hi
my wife is in the same situation, as she lost her passport in Uk with ILR stamp, she can't renew her passport in UK as she has to go back and renew it in her native country, so on return she has to apply as a returning resident.
If i may ask, I need more feedback on why they refused your wife an entry visa to Uk even though she had ILR