I have a question which I will appreciate if someone here can help me out here. I am due to apply for my ILR in about 31-35 days based on 10 years long residency (Arrived 3rd of September 2009), i already have a pending application (2nd Extension of FLP). I intend to vary the application to settlement using super priority service!
Here comes the DILEMA.. My passport expired a month after i submitted my ext (April 2019), and I've only just got around to applying for a new passport and I've been given an interview date for 3 sept. (talk about coincident). I have been looking at the rules of variation of an application for LTR and found the following section.
Can the senior poster and mod please help confirm that I can go ahead and apply with my most recent (expired) passport. Thank you for your time.
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(5) (a) Subject to paragraph 34(5)(c), the applicant must provide proof of identity as described in 34(5)(b) below and in accordance with the process set out in the application form.
(b) Proof of identity for the purpose of this paragraph means:
(i) a valid passport or, if an applicant (except a PBS applicant) does not have a valid passport, a valid national identity card; or
(ii) if the applicant does not have a valid passport or national identity card, their most recent passport or (except a PBS applicant) their most recent national identity card; or
(iii) if the applicant does not have any of the above, a valid travel document.
(c) Proof of identity need not be provided where:
(i) the applicant’s passport, national identity card or travel document is held by the Home Office at the date of application; or
(ii) the applicant’s passport, nationality identity card or travel document has been permanently lost or stolen and there is no functioning national government to issue a replacement; or
(iii) the applicant’s passport, nationality identity card or travel document has been retained by an employer or other person in circumstances which have led to the applicant being the subject of a positive conclusive grounds decision made by a competent authority under the National Referral Mechanism; or
(iv) the application is for limited leave to enable access to public funds pending an application under paragraph 289A of, or under Part 6 of Appendix Armed Forces or section DVILR of Appendix FM to these Rules; or
(v) the application is made under Part 14 of these Rules for leave as a stateless person or as the family member of a stateless person; or
(vi) the application was made by a person in the UK with refugee leave or humanitarian protection; or
(vii) the applicant provides a good reason beyond their control why they cannot provide proof of their identity.
