Stolen Passport(visa)

[Chayakon]

Need some advice guys, wife's passport was stolen with her UK indefinate stay visa inside, contacted Regents house and they passed it on to the british embassy, I've tried contacting them to see if they received my enquiry but nothing...brick wall!!...Its been over a month, is this normal procedure ? has anyone got any experience with this kind of thing ? I'm getting a bit concerned.

[7by7]

contacted Regents house and they passed it on to the british embassy,

I assume this means she is in Thailand.

Have you reported the theft to the Thai police and the Thai passport authority?

What has she done about getting a new passport?

I am not sure of the actual procedure regarding getting a new ILR stamp in her new passport, but I cannot see what the embassy can do until she has her new passport.

[Chayakon]

We're in Thailand, she's replaced her thai passport, got the police report and the case has been passed on to the British Embassy by Regent house, case specific is how it was described but cannot even get a reply from the embassy to confirm they have the details, the missus has had this visa for 7 yrs....I'm baffled by the whole thing!!

[7by7]

Then I imagine her request is in the queue awaiting the attention of someone.

When does she intend to return to the UK? Perhaps contacting the embassy and stressing the urgency will achieve a result.

Contacting the UKBA may also help.

Of course, that she no longer has the physical bit of paper does not mean that her ILR is also lost; it isn't. I'm wondering what would happen if she turned up at a UK port and explained the situation to immigration, showing them the police report etc.

Surely they could check that she did indeed have ILR and then let her in? They wouldn't just turn her away, would they?

the missus has had this visa for 7 yrs.

Has she not taken out British citizenship? If so, she can use her British passport to enter the UK and so will not need an ILR stamp in her Thai one.

If she hasn't, then perhaps it would be worth considering when she returns to the UK.

[Eff1n2ret]

"Surely they could check that she did indeed have ILR and then let her in? They wouldn't just turn her away, would they?"

Probably they wouldn't turn her away if she could establish that she was the person to whom ILR had been granted, but it would take a while to sort out.

But I suspect the lady's problem will be actually getting on a plane to the UK with a new passport containing no visa. It's one thing for the OP to report the loss of the old visa to the Embassy, but if she wants to travel from Thailand she's going to have to apply as a Returning Resident and cough up the fee. It's not the Embassy's fault she's lost her passport and they won't re-issue for free. If they have travel insurance, this may be covered.

Incidentally, if she does have a UK passport, she'd be wasting her time seeking re-instatement of ILR in her Thai passport. As a Brit Cit with Right of Abode she doesn't require "Leave to Remain", Indefinite or otherwise, and they wouldn't do it.

Edited July 11, 2009 by Eff1n2ret

[Electra]

Are you sure about this Effin2 ?

I thought they were just trying to restrict the number of documents in circulation giving ROA by excluding CoE holders from obtaining replacements if they also held UK passports. Surely that didn't also extend to dual national ILR holders, an endorsement meaning something else entirely ?

[Eff1n2ret]

Are you sure about this Effin2 ?

I thought they were just trying to restrict the number of documents in circulation giving ROA by excluding CoE holders from obtaining replacements if they also held UK passports. Surely that didn't also extend to dual national ILR holders, an endorsement meaning something else entirely ?

This is from Caseworking instructions issued in 2006 relating to "No Time Limit" applications:

"Applicants who are British citizens or otherwise have the right of abode

18. Anyone who is a British citizen has the right of abode in the United Kingdom and is therefore not subject to immigration control. The only lawful documentary proofs of that status are a United Kingdom passport or a certificate of entitlement to the right of abode. Where they have dual citizenship, it is not lawful to place an NTL stamp in another national passport."

I can't immediately find a direct reference to ILE or ILR applications, probably because they wouldn't expect an ab initio application from someone who's already a Brit Cit, so I would say the NTL instruction covers anybody with Indefinite Leave.

[Electra]

Reckon you're right there. Checking the current guidance notes on the NTL application form it's fairly clear ILR is defined as such and that those naturalised after gaining ILR can no longer apply for it's transfer into a new document. Although it has to be said the reference to what applicants might do in such circumstances is somewhat ambiguous......

[Eff1n2ret]

I suppose there is a sort of ambiguity because the blurb on the page "Transfer your visa to a new passport" accepts that passengers can present a current passport supported by an ILE/R endorsement in the old one, but the guidance notes say quite clearly that naturalised Brits should not apply for an NTL endorsement, but they can have a Cert of RoA in their foreign passport if they haven't acquired a British one.

Perhaps they don't expect any dual passport holders to present themselves as foreigners once they have the British passport. I wonder how many do. I don't know if there are any instructions about what IOs are supposed to do in such situations.

Apologies to the OP, to whom most of this is irrelevant.

[7by7]

"Surely they could check that she did indeed have ILR and then let her in? They wouldn't just turn her away, would they?"

Probably they wouldn't turn her away if she could establish that she was the person to whom ILR had been granted, but it would take a while to sort out.

Indeed, but waiting at immigration while they check her status is probably better than hanging around Bangkok and missing her flight.

Although, as you rightly said (and had slipped my mind), the airline would probably refuse to carry her without a valid entry clearance.

It's one thing for the OP to report the loss of the old visa to the Embassy, but if she wants to travel from Thailand she's going to have to apply as a Returning Resident and cough up the fee.

Good point, I was assuming she had made such an application, but now I'm wondering.

Chayakon, what have you and your wife actually done? Has she actually made an application as a returning resident, or merely reported the loss of her passport to the embassy?

[Chayakon]

Hi 7by7, the wife has never applied for a british passport as really the ILR was just as good, changed our minds now though!!

I called the Home office visa section in the UK and they said the Embassy here would have to handle it as this is where the loss happened but Regent house handle all visa enquiries and this is where their incompetence shines through.....British embassy e-mailed today to say they received nothing from VFS and would I send details again direct to them.

I'll keep you posted!

[7by7]

Good luck, hope they sort it out soon.

Hi 7by7, the wife has never applied for a british passport as really the ILR was just as good,

Off topic, I know, but I reckon that citizenship is better than ILR because:-

ILR can lapse if the holder is out of the UK for more than 2 years; citizenship can't lapse.

ILR holders (depending on their nationality) need visas for travel in Europe and many other countries where British citizens don't.

Plus the ability of citizens to participate in the full democratic process, from voting to standing for election to office; which is denied to non citizens.

But it is a personal choice.