Will The Embassy Transfer Right Of Abode Without The Old Passport

[bkk_mike]

I'm not sure if we need to do a police report as we might simply have left the old passport in the house in London. Last time we remember definitely seeing the old passport is about 2 months ago, and we've been to Bangkok and Hong Kong since then.

She's been in and out of the UK already on the current passport, but was carrying her old passport, with the ILR stamp in it at the time. I think I just need to find out if the embassy will put a right of abode stamp in her current passport so we can travel back.

I assume, being British, that it will cost an arm and a leg (or two), but that it should be possible. However, do I apply at the embassy? or do I have to go through VFS even though she's not applying for a visa, and doesn't need all the accompanying paperwork that they "check" just to get a stamp showing her current status in her current passport.

(I do have a photocopy of the ILR stamp so it should help confirming her status)

Edited: typo

Edited September 9, 2009 by bkk_mike

[roamer]

I'm not sure if we need to do a police report as we might simply have left the old passport in the house in London. Last time we remember definitely seeing the old passport is about 2 months ago, and we've been to Bangkok and Hong Kong since then.

She's been in and out of the UK already on the current passport, but was carrying her old passport, with the ILR stamp in it at the time. I think I just need to find out if the embassy will put a right of abode stamp in her current passport so we can travel back.

I assume, being British, that it will cost an arm and a leg (or two), but that it should be possible. However, do I apply at the embassy? or do I have to go through VFS even though she's not applying for a visa, and doesn't need all the accompanying paperwork that they "check" just to get a stamp showing her current status in her current passport.

(I do have a photocopy of the ILR stamp so it should help confirming her status)

Edited: typo

I'm sure there are others here who will answer your question more directly but I posted here a short time back about watching a Thai passenger denied boarding in Bangkok because her ILR was in her expired passport (which she had with her) and not in her new passport. No doubt others will post out they have never had this problem and when it was relevant to us neither did we. However in this case the flight was heavily overbooked ( EVA air in the wake of the landslide disaster in Taiwan) and they were bumping people off the flight wherever possible. It may well not be the rules but on this occasion it was how they chose to interpret them. Might be worth the new paperwork as there is only so much arguing you can do in such situations.

[bkk_mike]

I'm sure there are others here who will answer your question more directly but I posted here a short time back about watching a Thai passenger denied boarding in Bangkok because her ILR was in her expired passport (which she had with her) and not in her new passport. No doubt others will post out they have never had this problem and when it was relevant to us neither did we. However in this case the flight was heavily overbooked ( EVA air in the wake of the landslide disaster in Taiwan) and they were bumping people off the flight wherever possible. It may well not be the rules but on this occasion it was how they chose to interpret them. Might be worth the new paperwork as there is only so much arguing you can do in such situations.

I have a gold card with Thai, and my wife has a silver. I think we'd be allowed on. But I'd love to be in that situation (if we come across the old passport).

It's what do I do without it - is it the embassy to get the ILR put in the new passport, or VFS.

[Eff1n2ret]

I'm not sure if we need to do a police report as we might simply have left the old passport in the house in London. Last time we remember definitely seeing the old passport is about 2 months ago, and we've been to Bangkok and Hong Kong since then.

She's been in and out of the UK already on the current passport, but was carrying her old passport, with the ILR stamp in it at the time. I think I just need to find out if the embassy will put a right of abode stamp in her current passport so we can travel back.

I assume, being British, that it will cost an arm and a leg (or two), but that it should be possible. However, do I apply at the embassy? or do I have to go through VFS even though she's not applying for a visa, and doesn't need all the accompanying paperwork that they "check" just to get a stamp showing her current status in her current passport.

(I do have a photocopy of the ILR stamp so it should help confirming her status)

Edited: typo

References to "Right of Abode" and "being British" make this post slightly confusing, as it is only British Citizens who have Right of Abode.

However, I assume that all that is being asked is whether the OP's missis having mislaid her old passport with the ILR endorsement somewhere, can trot along to the British Embassy and simply get them to put an ILE stamp in her current doc.

Judging by this from the Entry Clearance Guidance, I don't think she can:-

"ECB17.1 Visa transfer or visa replacement?

Where an applicant's passport expires during the validity of a multi-entry visa the visa may be transferred to the new passport at their request. The transfer fee will therefore apply. If, however, the applicant loses or has their passport and visa stolen, we are issuing a replacement visa and the full fee is required. If the applicant applies for a replacement visa you will need to see a Police report and all supporting documentation. This also applies to replacement 'leave to remain' granted in the UK."

But it's probably worthwhile getting an answer from the Embassy before going through the turmoil of an application via VFS, if you can find someone to talk to. Producing a photocopy of the old endorsement might just persuade them to treat it as a transfer, but there's still a fee.

It might be less hassle to get someone to break into the house in London and if they find the old document, DHL it to Thailand.

[bkk_mike]

The thing then is - they require a police report - I don't think the passport is stolen (it's expired after all), just mislaid. I don't even know which country we mislaid it in for certain.

Also, how long is this likely to take? If it's the full visa re-application, with all the supporting documentation (not something you carry around with you when you weren't planning a trip to the embassy), I don't think we can do one without me going to the UK to get the paperwork together to apply with...

[roamer]

The thing then is - they require a police report - I don't think the passport is stolen (it's expired after all), just mislaid. I don't even know which country we mislaid it in for certain.

Also, how long is this likely to take? If it's the full visa re-application, with all the supporting documentation (not something you carry around with you when you weren't planning a trip to the embassy), I don't think we can do one without me going to the UK to get the paperwork together to apply with...

No doubt if you have to replace an ILR that's the route you have to go by. However as you say, you have a photocopy of the original, that can be checked to see the original is valid. Possibly in those circumstances its not impossible for them to issue a tourist visa which avoids the paperwork you would have to return to the UK to get. Obviously then its a lot easier to sort it Have to say though you have to bear in mind that anything like this is totally at their discretion and you, or rather your wife, has to approach this with that in mind; humility is the key.

[bkk_mike]

OK - We did the returning resident visa application, and got back her passport today with a new Returning Resident multi-entry visa marked "Indefinite Leave to Enter".

The bit that's got me confused though is that an indefinite visa has an expiry date on it.???

Does this mean we have to go through the whole process again once we're in the UK, to actually get her ILR status back (without an expiry date)?

If so, we didn't need to pay £215 for the Returning Resident visa, we could have just got a tourist visa, and had the ILR reinstated once in the UK (police report to cover it's loss, and we had the copy of the old stamp...)

Or is it simply that the next entry has to be within that timeframe, and we don't really have to go to Croydon with years of council tax bills again, or some other equally pointless bureaucratic nonsense.

[paully]

^ Indefinite Leave to Enter (ILE) is essentially the same as Indefinite Leave to Remain (ILR), the difference being that it is granted outside the UK (thus to 'Enter' the UK rather than 'Remain' there). So, she has already got indefinite leave, no need to apply when in the UK for an ILR status.

[Mossfinn]

The bit that's got me confused though is that an indefinite visa has an expiry date on it.???

As paully says, essentially ILE is the same as ILR, had me confused at the time, but is the expiry date stamp the same as the expiry of the passport?

They do this because its needs a date stamp and that is the date they choose, even if actually doesn't expire, however if you get someone at check in who doesn't understand the rules, it could cause difficulties, or a ready reason to blag you off the flight as roamer says.