Lost ILR vignette (in expired passport) overseas

[Toraja]

I wonder if anyone could shed light on my situation and give any advice for a next step. I have paid $200 for the first application to replace a lost ILR vignette and would prefer not to start again with a returning resident visa if possible (another $660).
If my wife does enter on a returning resident visa, what is the process and time-line for replacing the ILR in the UK? Does it have to be with BRP at that point?

Background
I am a British Citizen and my wife has had ILR (non-BRP) since July 2003.
We have spent significant time outside the UK since 2005, as I have been working overseas, but never more than 2 years continuously.
Until now (16 years), we have used the original passport with ILR sticker in conjunction with a current passport without problems.
We always travel together and I have a house in the UK.

Situation
On returning to Indonesia, in January, we discovered that my wife's old passport with ILR was missing.
I applied to replace the vignette online via VFS Bali using ECB17.2.
We received an email from the Manilla Hub about a week after filing the application stating:
"Having assessed your application based on the documents you have submitted and the information you have provided on your online application form, the Entry Clearance Officer (ECO) has advised that you have applied and paid for the wrong visa category. You are therefore required to withdraw your current application and re-apply for a Returning Resident visa.
You must send us the following within ten (10) working days from the date of this notification through email to Manila.Deferrals@fco.gov.uk
- New GWF number for the new online visa application.
- Documentation not submitted with the original application
"

Action Taken
I emailed both Manilla Deferrals and UKVI support seeking clarification.

The position, as I see it, I explained as below:

From reading the online guidance, there appear to be 2 routes to replacing a lost ILR vignette.

A. Transferring a visa to a new immigration document.
https://www.gov.uk/government/publicati ... visa-ecb17
In particular, ECB17.2 which specifically states:
“This also applies if an applicant had ‘leave to remain’ granted in the UK (excluding on a BRP) and is now applying to have it replaced overseas.”

B. Applying for a returning resident visa.
https://www.gov.uk/returning-resident-visa
which sets out the procedure and conditions and states:
“You need a Returning Resident visa to come back to live in the UK if you were previously settled (given ‘indefinite leave to enter or remain’) and you’ve been away for more than 2 years.
If you’ve been away for less than 2 years but you’ve lost your documentation, you can get a replacement BRP visa.”

The current situation matches exactly with route A and not with route B. The ILR has not lapsed (not been out of the UK for 2 years) and the holder does not have a BRP visa.
As such route A seems to me to be the correct route.

Response
UKVI replied with the following:
"With regards to your enquiry about your application. Looking threw your emails it would seem that you may need to apply for a returning resident visa."

The Manilla hub have yet to reply. I was given 10 days to reapply.

Thanks in advance for anyone who can help me out and give me advice on my options.

[Zerubbabel]

Hello

According to this background:

I am a British Citizen and my wife has had ILR (non-BRP) since July 2003.
We have spent significant time outside the UK since 2005, as I have been working overseas, but never more than 2 years continuously.
Until now (16 years), we have used the original passport with ILR sticker in conjunction with a current passport without problems.
We always travel together and I have a house in the UK.

It's expected that the Home Office doesn't accept the ILR anymore. Usually the question is either raised at the airport when the person comes to the UK or, more frequently, when the ILR is lost the Home Office is contacted to issue a replacement.

Your wife actually left the UK 16 years ago. Making regular visits to avoid 2 years continuous absence doesn't work in the long run. It will be obvious that she lives elsewhere and she is in the UK as a visitor. Once the person doesn't call the UK "Home", the ILR is at risk.

The rules state (from memory) that the immigration officer must be satisfied that the person is back to the UK to settle (not to visit).

You can read this document, from page 8:
https://assets.publishing.service.gov.u ... nts-v2.pdf

This section is very relevant:



The wording is strong: "you must cancel".

Simply put, the ILR cannot be used as a glorified visit visa to the UK.