Could she be Denied a replacement visa?

[tiredoftiers]

Situation:
Husband being on Tier 1(BRP) and wife being his tier 1 dependent(printed in passport) Visas valid until May 2017, Husband completed his 10 years in august 2015 applied for 10 years residence and got it, while his wife is still on tier 1,they had their baby born in February 2016, new born to be British as he was born after father's ILR and child now has a British passport.

family of 3 lately traveled to their homeland for holidays where they all lost their passports whilst travelling around. family is now in a process to get replacement passports and visa (wife's only because husband did not lose his BRP and infant's British passport to be ordered)

questions:
wife's visa being tier 1 dependent is not in line with her husband current status which is now a settled status,
1.how likely is that she will get the replacement visa(sticker) once she apply for it?
2.any other implications as a result of this incident or surprises should family be ready for?

your answers will be highly appreciated?

[vinny]

I think she should apply for a spouse entry clearance.

[tiredoftiers]

thanks for the answer

this is still an option and ultimate solution if she is denied a replacement, questions I feel are still there !

[vinny]

It's likely that she will be denied a replacement PBS dependant visa bcause of her change of circumstances.

[Casa]

As the information in Vinny's links show, as you applied for ILR under long residence, your wife should have applied for FLR(M) before she left the UK. This would have re-set her immigration clock to zero. Her current PBS dependent visa linked to the lost passport is now invalid.

[tiredoftiers]

thanks for replies

this raises another question

would she have had her entry to UK denied had she not lost her passport and was traveling back to UK as normal with her husband and British Child?

[Casa]

Quite likely.

[CR001]

thanks for replies

this raises another question

would she have had her entry to UK denied had she not lost her passport and was traveling back to UK as normal with her husband and British Child?

Yes, possibly as her PBS dependent would not have been valid.

[tiredoftiers]

thanks for the replies again and keeping up with me

wife is also a mother of a British child and husband she is coming back in with, following what you say wife will alone be sent back or can case be considered on human grounds and entry could then be allowed?

[secret.simon]

As a side (but related) question, would leave granted under human rights (presumably Article 8 ) be leave outside the rules (LOTR) or is there a specific provision in the Rules for such leave? And would such leave confer the right to work or merely the right to reside?

Presumably leave outside the rules would put the wife on a 10 year path to ILR too.

[CR001]

Pondering on the 'what if' is pointless. She should apply for a spouse visa (entry clearance) ideally, it is the simplest way.

If UKVI do not issue a replacement PBS dep visa in a new passport, she will have to apply for the spouse visa anyway otherwise she won't be able to return with you.

Also, do you mean the child's British passport is also lost? If so, you could wait 6-12 months for a new passport if applying from abroad.

[tiredoftiers]

thanking you all for your in put

allowing her entry on human grounds I did not mean article 8 etc. and I completely understand that she should apply for FM as she fall in,and husband has moved into different cat. that invalidates her dependent visa.

had she not lost her passport had valid tier 1 depends visa (not inline with her husband's) and was coming back in with husband and child. having family and home in the UK and valid visa she would still be denied entry because her visa being not in lone with her husband.

I am seeing this case that wife along her other family members being outside of the UK at the min has lost the passport this topic relates !

I have seen a case where entry was allowed based up on the fact that wife can not go back alone leaving her breast-fed child behind and husband who had had his British passport and wife was still on tier 1 dependent, entry was allowed with advice that she should ASAP apply for new leave in line with her husband

thanks for your input and contribution, much appreciated

[CR001]

I did say 'possibly' and not 'definitely'. Suggest wait and see if UKVI will issue a replacement visa and if not, you will know what the next step is.

What about the child's passport question I have asked?

[tiredoftiers]

thanks for coming back and sorry I missed that part and question

yes they would have to apply for the child's replacement British passport that they I believe be making relevant inquires about, as you said it can take them up to a year.

as far as I know she is persistent to try her luck and apply for replacement visa that seems highly (in light of what you guys said and General principle) unlikely to go through. for her it is now going to be ages as I have been told family can not at the min meet the financial requirement before other requirements nor were they ready for such a situation.

May God bless everyone in Genuine Need !!