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Help with an odd situation.

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Cejb09
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Posts: 1
Joined: Fri Oct 15, 2010 1:46 am

Help with an odd situation.

Post by Cejb09 » Fri Oct 15, 2010 2:34 am

I am originally from the US, (so I have American citizenship) but I was adopted through the US courts and moved over here in 2002 with my British family. At the time when we moved I was 11 - I am now 19.

When I moved here I was issued a visa stating "indefinite leave to enter" which has cased to exist and from what I have been informed has been replaced with "indefinite leave to remain".

Problem being that I have lost the passport that had the visa. And when I was issued via the US embassy with a new one I was told that it could not simply be replaced - as my original visa technically no longer existed. We were told by the US embassy to contact the Home Office and get some type of cover letter which equated to a full visa. The problem now being that the Home Office do not issue these kinds of letters any more.

Basically what can I do? I know that it is possible to pay £800 and do the test to get Naturalised, but I don't currently have that sort of money - nor can I get a job or any kind of benefits to be able to pay for it.

Thanks in advance!

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Fri Oct 15, 2010 4:19 am

The only difference between Indefinite Leave to Enter and Indefinite Leave to Remain is that the former is issued by a British Embassy to someone travelling to the UK and the latter is issued by UKBA to someone who has qualified within the UK - in all other respects they are exactly the same thing. You don't apply for ILR having already been granted ILE.
Someone with ILE or ILR who acquires a new passport can apply to UKBA for a 'No Time Limit' (NTL) endorsement. Effectively this is the only thing you can apply for, but normally this is supported by the endorsement in the expired passport. In your case, I think you have to apply, and enclose your birth and adoption certificates, notarised copies of your parents' passports, if possible from the time they acquired you in the US, and letters from the schools you have attended in the UK. An affidavit drawn up by a solicitor might be a good idea. If you were issued the ILE Entry Clearance in 2002, there should be a record on UK Visas' central record system, which the caseworkers can enquire about. The Embassy that issued it might have some documentary record, but I wouldn't bet on it.
Look at http://www.ind.homeoffice.gov.uk/while- ... m-NTL-TOC/

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