ILR application

[malchard888]

My wifes passport has expired now and having now passed the life in the UK test we intend to apply for her ILR soon as her FLR expires end of January.
Is it fair to assume that her recently expired passport is not a problem as this will be one of documents required when we submit the application.
Malcolm

[Michael Parnham]

I can't answer your question but forgive me for asking, why wasn't the passport renewed before it expired in case it is required for your wife's ILR application, hope it's not required because time's running out fast to renew it in time. Good luck!:Erm:

[malchard888]

I guess the fount of all knowledge, Terpe, is the one to answer that question. I hope he reads this post soon.

[raynaputi]

Your wife's passport must be valid upon application of ILR. Renewing the Philippine passport would take 5-6 weeks. :NoNo: I guess the best thing to do at the moment is to call UKVI so you'd be guided properly on what to do.

Also, you can read these links. They have the same situation with your wife, although they failed to mention whether their application was successful or not.

http://www.immigrationboards.com/indefinite-leave-to-remain/passport-expired-can-i-apply-for-ilr-t96349.html
http://www.immigrationboards.com/indefinite-leave-to-remain/my-passport-has-expired-and-ilr-is-due-t102818.html

[malchard888]

Your wife's passport must be valid upon application of ILR. Renewing the Philippine passport would take 5-6 weeks. :NoNo: I guess the best thing to do at the moment is to call UKVI so you'd be guided properly on what to do.

Also, you can read these links. They have the same situation with your wife, although they failed to mention whether their application was successful or not.

http://www.immigrationboards.com/indefinite-leave-to-remain/passport-expired-can-i-apply-for-ilr-t96349.html
http://www.immigrationboards.com/indefinite-leave-to-remain/my-passport-has-expired-and-ilr-is-due-t102818.html

Unfortunately it is something we overlooked - not intending to travel anywhere. Do you know what phone number to call at UKVI? Or would it be best to apply early January for the passport and shortly after to Immigration (ILR) stating that we are awaiting the return of my wife's passport from the Embassy?

[Terpe]

I agree with Rayna in that the best action is to contact UKVI for current chapter and verse.

It always used to be acceptable to submit an expired passport.
However, since the Immigration Directorate Instructions and Policy Guidance there's just no written information at all.

It might be worth a bit of perseverance with that call to UKVI as I just feel that if the 'old policy' had changed it would have been stated as so. Also, the passport is no longer used for ILR vignette as the BRP is now in place.

Would be great if you could spare some time to update the forum on the current policy when you get info on it.

Incidently, under the old rules you are eligible to apply for ILR 28 days prior to the 24 month anniversary living in UK as a spouse (doesn't include Fiancee time)
It's not always necessarily dependant on FLR expiry date.

Good luck, hope it works out well. I suspect it may.

[malchard888]

Many thanks for your replies, we just didn't give it a thought as my wife intended to apply for Citizenship and then a UK passport after obtaining ILR. Philippine Embassy shuts today until 5th January so we wont be able to attend there for a couple of weeks or so to make the application. But would it be sensible to apply in her married name now, or for simplicity's sake, use her maiden name to reflect her current passport?

[Terpe]

Many thanks for your replies, we just didn't give it a thought as my wife intended to apply for Citizenship and then a UK passport after obtaining ILR. Philippine Embassy shuts today until 5th January so we won't be able to attend there for a couple of weeks or so to make the application. But would it be sensible to apply in her married name now, or for simplicity's sake, use her maiden name to reflect her current passport?

Passport renewals of married name will be sent to Manila.
My wife did hers recently and it was 12 weeks from application to receipt.

I'd really suggest you try and call UKVI it could be a big help.

[malchard888]

I have just done that and they have advised that I cannot make application without a valid passport and that when I do get it back from Manila then I should submit the complete application with a covering letter explaining the reasons why we were late applying. Any reasonable officer should view this sympathetically as it is obviously not a deliberate attempt to mislead but a genuine oversight.

Fingers crossed as there is nothing else we can do.

[raynaputi]

I have just done that and they have advised that I cannot make application without a valid passport and that when I do get it back from Manila then I should submit the complete application with a covering letter explaining the reasons why we were late applying. Any reasonable officer should view this sympathetically as it is obviously not a deliberate attempt to mislead but a genuine oversight.

Fingers crossed as there is nothing else we can do.

I really suggest you get a written proof of what UKVI has told you. If you can ask the help of your MP in getting a written proof of what you've been told, it would be helpful. UKVI sometimes will have different views in cases. Plus applications are looked on by different case workers and it's up to these case workers to give the decision.

[david1478]

Hi Terpe, it's David, Sarah's husband. I think she has already told you she has her spouse visa now - which is great news for us. Sorry to use this thread to ask you this (can't navigate round this forum properly) Sarah is asking does she need an Exit Clearance Certificate for our 2 year old British daughter who has a British passport and will be travelling to the UK with Sarah (Sarah will obviously come with her spouse visa). I wouldn't have thought so, because I would presume she could just leave Philippines with her British passport, but Sarah wants to make sure.

PS Thank you for your great advice which helped us get Sarah's visa :)

[MissDi]

Hi David1478, I came here to UK last August 2013 holding a spouse visa with my British son (born in Philippines) with his British Passport. Upon departure and checking of documents we were asked to go to the Bureau of Immigration office (within the airport) to pay for clearance or something so my son could pass and we could board the flight. Sorry, I just can't check the papers now and tell you exactly what's stated (we were given receipt-like paper after paying, to show to the departure people) but were advised that we should have called and done that days prior to our flight to avoid delays.

However, since we were already there, they still entertained us and we paid more or less 1,000 pesos. So be ready - and be sure you have enough Philippine cash with you! We almost struggled, but had pretty much just the exact the amount they wanted.

Glad we made it on time as well, as there was queue before paying. I suggest you ask her to call the Bureau of Immigration before their flight.

[MissDi]

To add to that, make sure she attended the CFO Guidance and Counselling Seminar and obtained her certificate/sticker (they stick it on last page of passport) from them.

Sometimes Filipinas on Spouse Visas are not advised about this and might have problems upon departure. She can call ahead and make an appointment.

[hellersarah]

H guys, its me Sarah, David's wife.

I already went to Immigration and the officer told me not to get an exit clearance for my 2-yr-old daughter because she had a Philippines Passport. Just present the British Passport as well as her Philippines Passport.

The officer told me my daughter would only need to obtain an exit clearance if she had no passport.

Hi Miss Di. Yeah, I already did my CFO Seminar last May 2012. And when I receive my visa, I just go straightaway for my sticker. I'm ready for my flight this coming Sunday. :)

[MissDi]

Good, good! Have a safe and smooth flight. :)