Desperate help from all moderators - Lost passports

[habib]

Dear all

I am in a desperate situation and need guidance from you. Some one from you might have seen this scenario.

Facts about my query are as follows;

1. I was on Tier 1(General) visa and had valid visa until 16/02/2011. I obtained my ILR in August 2011 after completing 5 years in the UK.

2. My wife came to UK in July 2009 as dependent of Tier 1(General) visa.

3. My son was born in UK in March 2010 who was also dependent of Tier 1(General) visa.

4. My wife and son went to Pakistan on 14 April 2011and lost their passports and since then they are outside the UK. They have applied for their new passports which will take further 3 weeks.

If they had not lost their passports and were in the UK, I would have applied their ILR in July 2011 same time when I applied mine.

My query is:

My wife and son will apply their visa from Pakistan. I am not sure what visa they should apply from Pakistan i.e. 1. Tier 1 Dependent or 2. Spouse visa or 3. Indefinite leave to remain.

If my wife gets spouse visa she will have to wait further 2 year to get ILR which is not a good news.

What do you all think from your experience what visa they will get and how I should approach this case. Also is it possible to get ILR from abroad?

I desperately need your help because I have spoken to many solicitors and no body seems to know the exact answer to my query.

Please reply me and I will be thankful and pray to God.

I will wait for your reply.

_________________
Please help

[batleykhan]

Here is some advice that I have pasted from another post

1. Get a new passport (assuming this has already been arranged).
2. Draft a covering letter addressed to Entry Clearance Manager / Operations Manager explaining the background in detail and requesting for a replacement vignette for currently valid "leave to remain" issued in the UK on your new passport that you now have in your possession.
3. Include copy of police FIR of loss of passport.
4. Include copy of Home Office letter confirming approval of Tier1.
5. If you have it, include copies of personal detail pages of lost passport AND copy of the Tier1 leave to remain vignette stamped in that (lost) passport (label them appropriately - LOST or something).
6. Include a copy of personal detail pages of new passport (label appropriately).
7. Include printout of ECB17.1 and ECB17.2
8. State in the letter that all supporting documents included are copies but originals will be be made available in original as and when BHC advises you on the correct course of action in your case (e.g.- advising you to make an application at VFS or advising you to appear at BHC for a face-to-face appointment).

Note:
1. You might want to stress on the point in your letter that on basis of ECB17.1 and ECB17.2 (publicly available caseworker guidelines published by UKVisas - a govt. department), you are entlitled to a replacement "leave to remain" vignette and duly understand that you'll have to pay full fee for the vignette.
2. Make sure that you highlight in your letter that till date both BHC and VFS have misguided you by claiming that you will have to apply for Tier 1 scheme afresh and that you are not eligible for a replacement "leave to remain" vignette which is contrary to caseworkers guidelines published by UKVisas on their official website.
3. Alternatively, you could draft your letter as a *formal complaint* rather than as a request for appointment / visa. IMHO, this will probably get you a quicker response (personal opinion)! But do not miss out on the details and do not forget to include the documents as listed above (if not more).


Finally:
1. Send the letter (and documents) by COURIER to UK Border Agency Mumbai, British Deputy High Commission, Naman Chambers, C32 G Block, Bandra Kurla Complex, Bandra East Mumbai-51.
2. Send a CC of letter (and documents) to UK Border Agency New Delhi, British High Commission, Shantipath, Chanakyapuri, New Delhi 110 021.
3. Send a formal complaint to VFS Mumbai for their inability to provide you with accurate information regarding and course of action inspite of being the only authourized Visa Application Partner in India. Address this letter to the Service Manager or Application Center Manager (call them up and get their names if need be). You can leave out the documents here - just the letter / complaint and printout of ECB17.1 and ECB17.2 should suffice for now.

If I were in your situation, this is what I would've done!


All the best. I hope things work out for you .... soon. Terrible situation to be in ....

regards

If your wifes and child's visas have expired before the passport could be found, then I am afraid you will have to start all over again with a fresh application for a spouse visa now that you have managed to obtain ILR for yourself

[vinny]

As you are now an ILR holder, then wife should apply for a spouse visa. Child born in the UK is entitled to register for British citizenship.