Gap between New Passport and Old Expired Passport with ILR

I have noticed last night that my non EU passport has expired 5 months ago. I acquired ILR about 4 years ago as my wife is EU and we are living in UK all the time.

We are planning to go abroad over this Christams. I will be able to have new passport from my own country's embassy in UK no problem. I also understand that if I obtain my old passport with ILR stamp on with my new passport, there should be little problem when I re-enter UK.

My question is this; if there is 5 months gap between those two passoports, will it make my ILR status be void or not?

This question came as I noticed that there is a condition with ILR that I need to have valid passport to stay in UK - obviously between these 5 months I stayed in UK(didn't go out at all) without valid passport.

Any comment or suggestion is deeply appreciated! Thanks!

epic1400cs wrote:
This question came as I noticed that there is a condition with ILR that I need to have valid passport to stay in UK - obviously between these 5 months I stayed in UK(didn't go out at all) without valid passport.

Any comment or suggestion is deeply appreciated! Thanks!

Where does it say that?

Hi republique thanks for your reply. I got it from here

http://www.immigrationboards.com/viewtopic.php?t=543

bhavna wrote:I am a bit confused on this.

Joseph, Kayalami - If possible could you please comment on these points below. May be i am a bit wrong on this.

My understanding is that if you get a new additional booklet for an existing valid passport you do not need to get the ILR stamp transferred from the existing valid passport to the additional booklet.

However if you get a new passport because previous one has expired you have to get the ILR stamp transferred from the old invalid passport to the new valid passport.

Cheers
Bhavna

Also, in general, I assumed if I stay in UK with no passport that might be no no.
Please let me know if I am wrong (and I hope I am wrong!)

epic1400cs wrote:Hi republique thanks for your reply. I got it from here


Also, in general, I assumed if I stay in UK with no passport that might be no no.
Please let me know if I am wrong (and I hope I am wrong!)
Bhavna

I am not reading all that nonsense to find the line you are referring to.
I suggest you read your ILR approval letter.

republique wrote: I suggest you read your ILR approval letter.

Thanks again for your comment!
I have read the approval letter again just now and all I could see is relevant to my case seems to be;

"If you obtain a new passport or travel document you may ask us to stamp it to show your immigration status before you travel. You should send it to this Directorate at the address at the top of this letter at least 2 months before you intend to travel."

"If you do not have your passport stamped before you travel, when you return to the United Kingdom you will have to satisfy the immigration officer that you had indefinite leave to remain when you left. To do this you will need to produce either the enclosed passport or other documentary evidence such as bank statements, notices of income tax coding, schools or employment record etc. relating to the earlier years of your residence in the United Kingdom. It may also be helpful to carry this letter with you."

May be it doesn't matter if there is gap or not?
In other words, if I have ILR, that will override the effect of my foreign passport?
Or am I illegal immigrant now??

epic1400cs wrote:

republique wrote: I suggest you read your ILR approval letter.

Thanks again for your comment!
I have read the approval letter again just now and all I could see is relevant to my case seems to be;

"If you obtain a new passport or travel document you may ask us to stamp it to show your immigration status before you travel. You should send it to this Directorate at the address at the top of this letter at least 2 months before you intend to travel."

"If you do not have your passport stamped before you travel, when you return to the United Kingdom you will have to satisfy the immigration officer that you had indefinite leave to remain when you left. To do this you will need to produce either the enclosed passport or other documentary evidence such as bank statements, notices of income tax coding, schools or employment record etc. relating to the earlier years of your residence in the United Kingdom. It may also be helpful to carry this letter with you."

May be it doesn't matter if there is gap or not?
In other words, if I have ILR, that will override the effect of my foreign passport?
Or am I illegal immigrant now??

That comment is more inline with what the letter says

republique wrote: That comment is more inline with what the letter says

I am sorry me being thick - which comment you are referring to? I just wanted make it sure. Thanks!

As an ILR may be endorsed in an expired passport (9.2), your ILR status is unchanged while you remain in the UK, regardless of passport expiry. However, if you travel and return to the UK, then you will have to convince the Immigration Officer (and airline) that you qualify to enter as a returning resident.

Thanks vinny for clearing up.
I will try that when I come back with showing the relevant documents with me.
Many thanks for you guys help!
This is wonderful site!