Please help

Kundai · Post by **Kundai** » Fri Sep 21, 2007 1:47 am

Hello everyone. I arrived in uk in 1999, january. I had a student visa. I am a Zimbabwean national. During the course of my university study, my parents did not have foreign currency to pay for my studies. I admitted my passport to the home office and explained the situation in Zimbabwe. They kept my passport and then sent it to different addresses and it got lost in 2003. I did not know this until i enrolled at another college and wrote them a letter and they explained that my visa had run out and they had sent it out sometime ago. They wrote to my college and also said that i did not know my visa status etc. They did not ask me to leave or anything.

I was told to phone my embassy and get a new passport but sadly there are not giving out any passports in Zimbabwe because they are bankrupt and have no foreign currency to buy paper to make passports. I lived with my patner for slightly over 3 years until the relationship broke up this month and we have a baby together. My partner is a british national etc and he had been responsible for my upkeep and he has even told the sherriff since we are engaged in a custody battle that he does not want his baby to live the country to go back and i had to sign a form to swear that the baby can not leave UK without his consent.

Now i do not know what to do as i can not leave my baby as shes 5 months and i can not go back to Zimbabwe. I am so confused, please someone help.

Siggi · Post by **Siggi** » Fri Sep 21, 2007 10:00 am

Kundai,

I feel deeply sorry for you and your position.
That the Zim consulate can not issue any passports because the lack funds, this is just another blatant abuse of human rights from Magabe and his henchmen.

Your problems seem to be three fold, one you dont have a passport, two no legal status in the UK , three your ex partner.

You need to get some form of legal aid /help, I hope Victoria will be able to add some words of wisdom on this issuse.

Good luck.

Siggi · Post by **Siggi** » Fri Sep 21, 2007 10:03 am

Kundai
The other person who my be able to assist you in matter is Amanda Jones.

Siggi · Post by **Siggi** » Fri Sep 21, 2007 12:57 pm

Kundai,
In terms of getting a replacement Zim passport your facts are a little wrong, Zim consulate in London will issue you with a passport within 9 months!!

All you need do,is go to the consulate in London with your Zim Birth Certificate, ZimID , and a police report stating that your passport went missing in the post, they will then process your documents.

I would suggest you start with the Zim consulate with all the above mentioned documents.
After you have received your new passport, go to the HO and they will evaluate your visa status in th UK.

Good luck

Dawie · Post by **Dawie** » Fri Sep 21, 2007 1:58 pm

Siggi wrote:Kundai,
In terms of getting a replacement Zim passport your facts are a little wrong, Zim consulate in London will issue you with a passport within 9 months!!

All you need do,is go to the consulate in London with your Zim Birth Certificate, ZimID , and a police report stating that your passport went missing in the post, they will then process your documents.

I would suggest you start with the Zim consulate with all the above mentioned documents.
After you have received your new passport, go to the HO and they will evaluate your visa status in th UK.

Good luck

Kundai is correct, the Zimbabwe government does not currently have the capability to issue passports to its citizens.

Siggi · Post by **Siggi** » Fri Sep 21, 2007 2:22 pm

Dawie
I'm sorry to say, you are wrong they can give you a new passport but it takes 9months!!!

Dawie · Post by **Dawie** » Fri Sep 21, 2007 2:25 pm

Siggi wrote:Dawie
I'm sorry to say, you are wrong they can give you a new passport but it takes 9months!!!

Based on what information?

Siggi · Post by **Siggi** » Fri Sep 21, 2007 3:43 pm

Dawie, I may ask you the same question?
But that would be rude!!

However to answer your question, I spoke to the Zim consulate in London myself today and that was the reply- 9 months waiting!

Dawie · Post by **Dawie** » Fri Sep 21, 2007 3:54 pm

Siggi wrote:Dawie, I may ask you the same question?
But that would be rude!!

However to answer your question, I spoke to the Zim consulate in London myself today and that was the reply- 9 months waiting!

Hmm, it's debatable whether or not you can trust what the Zim consulate has to say on the matter, but I'll give you the benefit of the doubt!

Here are several articles in the press concerning the passport situation (some are quite old, from last year, yet nothing has appeared in the press subsequently to confirm that the situation has gotten better, things only get worse in Zimbabwe):

http://allafrica.com/stories/200709170165.html

http://www.sokwanele.com/thisiszimbabwe/archives/591

http://iwpr.net/?p=acr&s=f&o=335957&apc_state=henh

http://www.newzimbabwe.com/pages/registrar.15096.html

Siggi · Post by **Siggi** » Fri Sep 21, 2007 4:14 pm

I don't want to make a issue out of this , but I remember similar story's last year about South Africa not been able to issue passports, because they had forgotten to order paper.Strangly around the same time I renewed my Green Mumba and had a new passport in 6 weeks!

The whole point here is that Kundai is in a differcult position and the only way out is to apply for a new passport and if it take 9 months or 9 years she has to do it before moving on to the next stage.

VictoriaS · Post by **VictoriaS** » Fri Sep 21, 2007 5:04 pm

The passport is certainly not the main issue here. In fact, I would go as far as to say that it is irrelevant.

You need to make an application for Indefinite Leave to Remain in the UK after 14 years. You won't need a passport for this. It sounds to me as though you have an excellent chance of approval with this, and if you would like help with the application please let me know.

Victoria

Dawie · Post by **Dawie** » Fri Sep 21, 2007 5:17 pm

VictoriaS wrote:The passport is certainly not the main issue here. In fact, I would go as far as to say that it is irrelevant.

You need to make an application for Indefinite Leave to Remain in the UK after 14 years. You won't need a passport for this. It sounds to me as though you have an excellent chance of approval with this, and if you would like help with the application please let me know.

Victoria

The OP still has 6 more years to go until she reaches the 14 year mark!

VictoriaS · Post by **VictoriaS** » Fri Sep 21, 2007 5:20 pm

Dawie wrote:
VictoriaS wrote:The passport is certainly not the main issue here. In fact, I would go as far as to say that it is irrelevant.

You need to make an application for Indefinite Leave to Remain in the UK after 14 years. You won't need a passport for this. It sounds to me as though you have an excellent chance of approval with this, and if you would like help with the application please let me know.

Victoria
The OP still has 6 more years to go until she reaches the 14 year mark!

Damn. I misread the date of entry, I am so sorry.

Okay then, it's an application for leave to remain outside fo the rules. It sounds like your only hope.

Victoria

tasha75 · Post by **tasha75** » Fri Sep 21, 2007 5:38 pm

VictoriaS wrote: You need to make an application for Indefinite Leave to Remain in the UK after 14 years.

She's only been here for 8.5years.

VictoriaS · Post by **VictoriaS** » Fri Sep 21, 2007 5:43 pm

tasha75 wrote:
VictoriaS wrote: You need to make an application for Indefinite Leave to Remain in the UK after 14 years.
She's only been here for 8.5years.

Yes, I have seen that now.

Victoria

Siggi · Post by **Siggi** » Fri Sep 21, 2007 7:57 pm

Ok so now we have establish that the OP can not pick up a passport, now or for at least 9 months if at all.

It sounds like the only option in this case is a humanitarin apply to the HO. But will they listen??

Victoria do you have any other ideas? or do we abandon this poor soul to the fate of some Legal Aid types?

jimquk · Post by **jimquk** » Sat Sep 22, 2007 10:10 am

If a person is unable to obtain a national passport, do they become stateless? Would it then be possible to build an asylum claim on this?

The quote from the embassy about nine months just sounds like a bureaucratic fob - no passports at the moment, ask again in nine months time (and most likely get the same answer).

Dawie · Post by **Dawie** » Sat Sep 22, 2007 10:15 am

jimquk wrote:If a person is unable to obtain a national passport, do they become stateless? Would it then be possible to build an asylum claim on this?

The quote from the embassy about nine months just sounds like a bureaucratic fob - no passports at the moment, ask again in nine months time (and most likely get the same answer).

If you lose your driving license card, does that mean you are no longer licensed to drive? No, because the card itself is just proof of your entitlement to drive. Likewise a passport is just proof of your citizenship. Losing your passport does not mean you lose your citizenship.

SYH · Post by **SYH** » Sat Sep 22, 2007 10:16 am

jimquk wrote:If a person is unable to obtain a national passport, do they become stateless? Would it then be possible to build an asylum claim on this?

The quote from the embassy about nine months just sounds like a bureaucratic fob - no passports at the moment, ask again in nine months time (and most likely get the same answer).

No that is not exactly stateless.

magsi23 · Post by **magsi23** » Sat Sep 22, 2007 10:21 am

SYH wrote:
jimquk wrote:If a person is unable to obtain a national passport, do they become stateless? Would it then be possible to build an asylum claim on this?

The quote from the embassy about nine months just sounds like a bureaucratic fob - no passports at the moment, ask again in nine months time (and most likely get the same answer).
No that is not exactly stateless.

Yeh just because Embassy dont have money to buy paper doesnt make anyone stateless

martyk · Post by **martyk** » Sat Sep 22, 2007 3:29 pm

magsi23 wrote:
SYH wrote:
jimquk wrote:If a person is unable to obtain a national passport, do they become stateless? Would it then be possible to build an asylum claim on this?

The quote from the embassy about nine months just sounds like a bureaucratic fob - no passports at the moment, ask again in nine months time (and most likely get the same answer).
No that is not exactly stateless.

Yeh just because Embassy dont have money to buy paper doesnt make anyone stateless

As a Zimbabwean who once lost a passport the home office will issue you a letter to indicate they lost your passport and you take this to the embassy they take finger prints and give you back your forms which you will send to Zimbabwe and pay US$200 your passport will then be issued within three days.Onve the passport is back you can now restart the application process.
To apply for asylum as this stage will not work unless she waits for major decision thats with the court of appeal(re return of Zimbabweans)

avjones · Post by **avjones** » Sat Sep 22, 2007 4:57 pm

jimquk wrote:If a person is unable to obtain a national passport, do they become stateless? Would it then be possible to build an asylum claim on this?

No, you don't become stateless as as result of not being able to obtain a passport. A passport is a travel document, it isn't the sine qua non of nationality. Lots of people don't have passports, that doesn't affect whether or not they are citizens.

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