ILR - Lost passport- Some Complications- Needs Advice

Hi gentlemen,
I came to UK on workpermit VISA in 2003. I lost my passport in July 2003. I reported it to Police immediately (July 2003). I was issued a new passport by end of October 2003. My employer applied for the workpermit with my new passport number in November 2003. I got my passport with extension stamped in December 2003.

In July-2006 I changed my employer and new employer got my work permit transferred.

Now I went to home office they say that you need a letter from previous employer stating that you were not on unpaid leave. My previous employer says that we have already issued experience letter to you from the head office (in India) and if Home Office needs to they can contact us directly.

Is their any alternative option like Bank statement for period 2003 or something similar like a lawyer asking for a confirmation from my previous employer (UK office) before making the ILR application?

In case I do not want to risk my application on the basis of previous employers letter what date I become eligible for ILR?

Is it 5 years after date on which I reported to police (july-2003)?
Is it 5 years after date on when Police might have reported to Home Office about my lost passport (may be August-Sepemebrt-2003)?
Is it 5 years after I got my new passport in (Oct-2003)?
Is it 5 years after the work permit application on the new passport(Early Nov-2003)?
Is it 5 years after the work permit switch was granted (Late Nov-2003)?
Is it 5 years after the new VISA application was done(Early December -2003)?

BTW I was told at Home Office that I can apply in August 2008. I m not sure on what basis did the person on counter reccomended me August. Is it to do with something like when my workpermit alteration was applied by my previous employer ( in Nov 2003) Home Office may have asked for 3 months salary slip and so on.

If they're worried about unpaid leave, show them your payslips for these months.

Thanks Paulp, There the issue is. It was an IT company with online payslips. I never bothered to print them. The only thing that havent changed is bank. My monthaly statement shows the salay each month for that period. Is that any good?

Just wondering about second part of my question. Anybody there... Help please.

If your bank statements identifies the source of the funds as your company, then it should be ok too.

What's a bit unclear is the date that you got your first work permit and why your employer applied for another work permit instead of a transfer of conditions?

Hi Paul,
Yes... Bank statement do have name of the company every month as salary. Thats only way money comes in my A/C.

I m no good understanding the legal documents. I think you are right. No it wasnt another work permit but a transfer of conditions. Apologies for confusion....

I will go to Home office again with the documents + Bank Statements. If they accept it .... fine.... Else I may need a lawyer

When did you arrive in the country on your first work permit?

If you apply by post you shouldn't need these things.

Victoria

I came in UK on workpermit first week of Feb 2003.
I have photocopy of my previous passport and previous VISA stamp.
I have Original work permit issued on 28/11/2002 and all others as well.

Officer at the counter was not ready to look at my documents and said that I must get that letter then only he will proceed with my application and booked an appointment for end of March.

Previous employer says(I have the correspondence emails) they will respond to Home office, if query is made.

So all in all I have not got the one piece of paper which was being asked for.

How much worried should I be?

Thanks Victoria,
I did asked about that post thing as well. I was told that Home office may write to you asking that letter as additional information.

Now that you have said that you came to the UK in Feb 2003, I can't see what the problem is and how the loss of the passport has any bearing at all on your ILR.

Presumably, you started work shortly after arrival. And you still have your work permit letter, you only lost your EC in your passport, right? If the home office are being difficult that you can't produce the EC on which you arrived, you can always do a SAR request, ask specifically for your landing card and there will be evidence of your arrival.

I can't see what the fuss is about unpaid leave and not letting you proceed.

Unless this whole unpaid leave business has nothing to do with the loss of the passport and the HO only wants a letter detailing your annual leave and other absences from work?

The person at counter said that since you lost your passport we do not have the records for period. And he said that I can apply in August-2008. I dont know the basis of that date as well. Bcos my new passport was issued in Oct-2003. The only logic that comes to my mind is my employer applied for change in conditions of my workpermit in November and at that time past three months salary slip must have been supplied. Does this sounds reasonable. Do I have to wait? Till when I have to wait?

mishragreat wrote:The person at counter said that since you lost your passport we do not have the records for period. And he said that I can apply in August-2008. I dont know the basis of that date as well. Bcos my new passport was issued in Oct-2003. The only logic that comes to my mind is my employer applied for change in conditions of my workpermit in November and at that time past three months salary slip must have been supplied. Does this sounds reasonable. Do I have to wait? Till when I have to wait?

In this case, if you still want to do an in person application, I would greatly advise that you do a Subject Access Request under the Data Protection Act. And add to the line "I would be grateful if you could send all the information you hold about me" the sentence "especially photocopies of my landing card on xxth Feb 2003.". It takes about 40 days to get the SAR file back. You will also be able to see all your applications and what they employer did or did not do. You just take the file to the PEO and show it to the counter person. That's what I did a few years ago.

The other alternative is to do like victoria suggested and do a postal application and let them sort it out. In the event they do ask for the unpaid leave stuff, then you will have to get the letter from your ex employer.

edit: days for SAR.

mishragreat wrote:BTW I was told at Home Office that I can apply in August 2008. I m not sure on what basis did the person on counter reccomended me August. Is it to do with something like when my workpermit alteration was applied by my previous employer ( in Nov 2003) Home Office may have asked for 3 months salary slip and so on.

You were told how???
The person at what counter are you talking about?

Oh and if you're going in person, take all your payslips for 2003 (and maybe all the years) with you so they can't give you any nonsense about unpaid leave.

SYH wrote:You were told how???
The person at what counter are you talking about?

I assumed it was the document checking (pre-screening) counter at the PEO.

yes it was during pre-screening... at croydon home office

mishragreat wrote:yes it was during pre-screening... at croydon home office

Yeah, so it's your choice. SAR+PEO or postal application.

Just do it by post. The guys on the PEO desk are too stupid and/ or lazy to cope with this application.

Victoria

VictoriaS wrote:Just do it by post. The guys on the PEO desk are too stupid and/ or lazy to cope with this application.

Victoria

Ouch,
However by virtue of the person being able to find the info on the OP and to state such info indicates that they have the info readily available.

Yeah, but the point is that they may not be prepared to look.

Victoria

VictoriaS wrote:Yeah, but the point is that they may not be prepared to look.

Victoria

I have to say that when I brought my SAR file to the PEO in Croydon, they were kind of amazed that such a thing existed and they paid lots of compliments about doing my own research, helping them to do their job as they don't have the headache to start digging etc.

The guy at the document checking counter had to go to the back, presumably to check with his supervisor.

And the caseworker lady was all excited about the SAR file and was chattily showing it off to all her colleagues and her supervisor. She even asked me where I got it, how much I paid for it, etc.

She needed just a little bit of prompting to find the photocopy of my first landing card and from that, she got the reference and dug up the records. And then she spent 15 minutes photocopying photocopies of files that they already held. Though I can appreciate they want to be able to verify the stuff I brought if they ever need to.

Thanks Paul,
I was looking at this SAR thing. I have two questions.
1. Organization Address to which I should send to get the required data?
2. What name £10 postal order should be in?

BTW I just want to say that persons here on this board have been real great help in a world where it looks like everything is against me. Heart felt appreciation

I have got an old letter( Date April 2004) from my previous employer which was written to Indian embassy in Lonon with details my work permit/previous passport/VISA/date of entry to UK. I am not sure if Home office will accept that. Do you guys think that the letter has any validity in eyes of Home office?

Anyway I am going to Home office again on 27th March with that letter and all the year 2003 bank statement.

I will keep this board posted with how story take turns....

Have a look at IDI SAR

The address is:
The Data Protection Unit
Lunar House
40 Wellesley Rd
Croydon
CR9 2BY

and the payee is The Accounting Officer – Home Office.

The most important line in the SAR letter is the one I gave you, but add that you are making the request under the data protection act. You can also look for templates on the internet. Give details such as your date of birth, place of birth, nationality, passport numbers and any home office reference numbers that you know of.

All the relevant data will be in the SAR file they send back. Good luck.