BRP Application with ILE/ILR

[MrAero]

Hi,

Just wanted to find out if someone can advise me; I have been sitting on an application for a while. I was given ILE (Visa in passport) in 2007, and moved to the UK the same year. Around 2010 I was looking to apply for Naturalisation but other things kept getting in the way. In 2016 I lost my passport, but as I was a student, I wasn't in a position to apply for a replacement straight away. I'm now in my last year as a student and want to apply for a BRP showing my ILR status (can't afford to apply for citizenship just yet), and they require documents showing I've been in the country for the years covering the period 2007 to present. Unfortunately a couple of the years I don't have anything as I was doing nothing ag all. I have evidence as follows;

2007-2009 Letter from school I attended
2009-2010 no proof as I was just out of school and wasn't claiming benefits either
2010-2011 Letter from college I attended
2011-2012 no proof, just doing nothing and not claiming benefits
2012-Present working for the same company (Letter as proof), plus uni in the last few years as well

All throughout this period I have been living in the UK. Would this evidence, with the gaps in place, be enough to for my application for my ILR to be transferred to a BRP?

[zimba]

You should provide as much evidence as you can. Council tax registration, bank statements, HMRC records, passport page copies if you have, anything that can establish you were in the UK and were not absent for more than 24 months.

[MrAero]

That’s the thing, this 24 months lark, is it consecutively or is it cumulatively? Because the evidence I have atm doesn’t have any gaps of more than 12 months consecutively.

[zimba]

One single gap of 24 months or more means your ILR will be revoked

[MrAero]

I thought that was the case, but thought I’d double check because the government website where you apply seems to suggest you have to account for EVERY YEAR you were in the UK. Thanks for that Zimba... much appreciated.

[MrAero]

Just a quick update, even though my evidence wasn’t as robust as it should’ve been, my application for a BRP to replace my lost ILR vignette was successful. I’d imagine it had more to do with the fact I had ILR already, whereas had I been applying for settled status for the first time I imagine it would’ve been more difficult.

Just a quick thank you to you Zimba for your reply, it was reassuring enough to persuade me to get on with what was a long overdue application.

[Bbkay]

Just a quick update, even though my evidence wasn’t as robust as it should’ve been, my application for a BRP to replace my lost ILR vignette was successful. I’d imagine it had more to do with the fact I had ILR already, whereas had I been applying for settled status for the first time I imagine it would’ve been more difficult.

Just a quick thank you to you Zimba for your reply, it was reassuring enough to persuade me to get on with what was a long overdue application.

Hi mraero.

How long did the process take? I also lost my passport with my ILR in it. I applied for BRP Back in sept. I got letter today to say that they need to see my passport with my ILR stamp on it. Which I don’t have as it’s lost. I have provided them the police reference already in the application. My concern is that they say I need to submit that passport or police reference within 14 days or application could be refused. Does it mean I can lose my ILR?
Total panic mode now.

[MrAero]

Sorry for the delayed reply, mate. I sent my application on the 30th of October, had Biometrics done on the 3rd of December as I wasn't prepared to pay for an earlier appointment. Before the appointment I'd uploaded all the relevant paperwork onto the UKVCAS website, showing my presence in the UK from my arrival in 2007 till my application. This comprised of letters from colleges and universities attended showing periods I was enrolled, letters from employers stating the periods I'd worked for them. Around the 20th of January I received a similar letter to yourself, asking for my passport despite my having selected 'lost passport' when filling out the application form online. It also requested original copies of paperwork that shows I've been present in the UK as per the ILR rules, and I was to send all these within 21 days. I was a bit taken aback as I'd uploaded all the relevant information online and was of the understanding that would suffice. Initially I thought they meant what I'd uploaded wasn't sufficient or valid, so I started to worry because I couldn't think of any other paperwork I still had that would've been sufficient. So after fretting about it for a few days I gathered all the originals of the paperwork I'd uploaded online and wrote a cover letter, describing and explaining each of the pieces of evidence I had. At the bottom of it all I explained that since losing my original passport with the ILR vignette I hadn't acquired a replacement one from my country's embassy as it would've been a waste of money considering I wouldn't have been able to use it for it's primary purpose (travel) without a replacement visa or BRP, plus I intended on applying for UK naturalisation. Shoved it all in an envelope, cut out the 'send to' address printout at the back of the letter they'd sent to me, took it to the post office and sent it their way 2nd class. Within 3 weeks I'd heard from them, and all was sorted. Did they ask you for anything else apart from your passport? If all they asked for was your passport then I'd advise on getting a copy of the police report (if the police can provide you with one) on top of the reference, writing a cover letter explaining that you lost your passport with visa (hence why you're applying for a BRP) and the fact that you haven't applied for a replacement (if you haven't). Send that their way, I'm sure it'll suffice. Don't fret too much though, you'll be fine I'm sure. Also, it's not necessarily that you'd lose your ILR, but that you won't have that proof when you require it. Be it when applying for jobs or trying to register for college/university, rent a house etc so it's wise to get a replacement BRP.

[Bbkay]

Thank you so much for ur reply. I really appreciate you take ur time to answer my questions.

All they have ask me was the original passport, or the document shows I have ILR, which unfortunately Both I’ve lost.

They only give me 14 days to reply and it just happens I was away for few days. So by the time I got the letter only gives me 1 week to respond. I didn’t know what to do so I quickly draft up a letter and explaining why I don’t have the documents as requested and provide them with the police reference again, which was also stated in the application. Now I guess it’s just a waiting game.
I postpone all the travel for over 6 months waiting for this to arrive and I really hope it does soon. Getting very anxious over this! The thought of possible losing My ILR is unbearable. Not able to travel home to see my family is worst since I have no BRP to come back with. Sigh!!

[MrAero]

I see... hopefully that’ll be enough for them to get you sorted... I think because you already have ILR, and have submitted evidence to show that you have lived in the UK in accordance with the ILR conditions, you will get your letter and BRP soon... the cover letter should be enough to explain the fact you’ve lost your passport which had your vignette.

Good luck, and keep us informed on how it goes.

[Bbkay]

Yeah will do. Thanks. Hopefully soon!