FLR and EXPIRED PASSPORTS

[Rob180]

For your application to be valid, it is mandatory to provide your valid passport or (except a PBS applicant) a national identity card. If you do not have these, your most recent passport or (except a PBS applicant), your most recent national identity card.

 

What does 'most recent' actually mean, does it mean you can apply for FLR with a passport that has expired? Elsewhere online the general comments are that you can't, the passport has to be 'valid'. Could someone clarify this please?

 

Thanks

[mosan]

Maybe you should start by clarifying what "FLR" and "PBS" means...

Edited January 19, 2019 by mosan

[7by7]

44 minutes ago, mosan said:

Maybe you should start by clarifying what "FLR" and "PBS" means...

FLR means Further Leave to Remain.

 

PBS means Points Based System.

 

Both are terms used in UK immigration and well known to those of us who take an interest in that subject.

 

Though the OP could have possibly avoided your confusion by saying he was asking about the UK!

 

 

Edited January 19, 2019 by 7by7

[7by7]

1 hour ago, Rob180 said:

What does 'most recent' actually mean,

It means your most recent passport; if that is one which expired last year and has not been renewed then that is your most recent.

 

1 hour ago, Rob180 said:

does it mean you can apply for FLR with a passport that has expired?

As far as I am aware, not FLR(M) you can't; though the quote with which you begin your OP says otherwise.

 

Can you provide a link to the source of that quote, please, or at least say where it comes from, as all the guidance I can find says a valid passport is required.

 

Remember, there are various types of FLR and each has a different form; are you looking at FLR(M)?

Edited January 19, 2019 by 7by7

[cleopatra2]

35 minutes ago, 7by7 said:

It means your most recent passport; if that is one which expired last year and has not been renewed then that is your most recent.

 

As far as I am aware, not FLR(M) you can't; though the quote with which you begin your OP says otherwise.

 

Can you provide a link to the source of that quote, please, or at least say where it comes from, as all the guidance I can find says a valid passport is required.

 

Remember, there are various types of FLR and each has a different form; are you looking at FLR(M)?

The following document implies that passport may not need be valid

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/760916/applications-for-leave-to-remain-v2.0-ext.pdf

 

I am not sure if it applies for FLR

[7by7]

6 minutes ago, cleopatra2 said:

The following document implies that passport may not need be valid

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/760916/applications-for-leave-to-remain-v2.0-ext.pdf

 

I am not sure if it applies for FLR

Thanks for that, I've added it to my ever growing list of links!

 

From that document

Quote

Requirement: Proof of identity  
 
The application form includes guidance for applicants for leave to enter or remain on what they can submit as proof of identity to meet the requirements set out in paragraph 34 of the rules.
 
Paragraph 34 sets out that an applicant must provide, in order of preference: 
 
• a valid passport  • a valid national identity card - this option is not available for PBS applicants • their most recent passport - this is the last one they held if no longer valid • their most recent national identity card - this is the last one they held if no longer valid • a valid travel document – this means a document, other than a passport or nationality identity card, which has been issued by the government of the UK or another state and which enables travel from one country to another 
 
A passport, national identity card or travel document will not be valid if it:  
 
• has been cancelled • has expired  • was not issued by the government or authority by which it purports to have been issued  • has been altered in some way 
 
 

 

The relevant part of para 34 is 5(b)

Quote

(b) Proof of identity for the purpose of this paragraph means:

(i) a valid passport or, if an applicant (except a PBS applicant) does not have a valid passport, a valid national identity card; or

(ii) if the applicant does not have a valid passport or national identity card, their most recent passport or (except a PBS applicant) their most recent national identity card; or

(iii) if the applicant does not have any of the above, a valid travel document.

Which indicates that a valid passport or national identity card must be used if the applicant holds one; if not then their most recent.

 

Although, as the guidance says, the application form includes guidance for applicants for leave to enter or remain on what they can submit as proof of identity; so check the form.

 

Before the introduction of BRPs, a valid passport was required for all LTR applications so UKVI could stick the relevant vignette into it. Now with BRPs being used instead of LTR vignettes, it seems a valid passport is no longer required other than as one form of proof of identity.

[Rob180]

Thanks, it's difficult to fathom this out. It refers to national identity cards, but on Gov.Uk it says those are no longer accepted. I assume a Biometric Residence Permit removes the need for an ID card anyway? Would that also remove the need to submit a passport? An expired passport is classed as not valid, but it appears from the above that the most recent one will suffice? (I think) Perhaps it would be best just to go to London and get a new one as her employer may want it when her FLR expiry date approaches when they do the checks about her right to work in the UK. I was hoping to avoid the expense of a 1000 mile round trip, overnight stay and the expense of it, but it looks like not doing it could create more hassle than a trip to London.

Edited January 19, 2019 by Rob180