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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have been living in the UK since 2006 through an Ancestry

Resolved Question:

I have been living in the UK since 2006 through an Ancestry Visa then one ancestry visa extension.
My Ancestry visa was issued in 2006 and was stamped into my passport.
My extension Ancestry visa was issued in 2011 and I received a residence permit card for this new visa.
The problem is I have lost my old passport that has the original Visa stamped on it (my new passport is from 2011). Will I be able to apply for Indefinite leave to remain with my current passport and my Residence permit?. How would I prove I have been in the UK for five years? Do they keep record of the original visa? (The residence permit does not mention that it is an extension).
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank for your question.
Do you have a copy of your previous passport for correspondence relating to to your previous visa application?
Kind regards
Tom
Customer: replied 2 years ago.

Tom,

Yes, I have a copy of my previous passport main page with passport number, expiry, photo etc.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks. Did you lose your old passport after you had applied for your biometric residence permit?
Kind regards,
Tom
Customer: replied 2 years ago.
Yes, exactly what happened.
Expert:  Thomas replied 2 years ago.
Hi ***** your answer now. 5 mins please.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you have lost your passport then your only option is to apply using the copy that you have in combination within your current residence permit.
For this reason, I would suggest that you instruct a solicitor to prepare and submit your applciaiton on your behalf. At the very very least I would also execute a detailed Statutory Declaration. This is a sworn statement by you explaining what has happened with your previous passport and that it contained your previous visa. A copy of the passport should be referred to in the declaration and attached to it as an exhibit.
The declaration should set out the travel/visa history contained in the passport.
If you do this then hopefully you will still be okay. You should also refer to their case file for your previous visa and if you have any correspondence from when you applied for it also enclose that by way of information and refer to the relevant reference numbers contained in the correspondence.
You should be okay.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Sorry I was replying from my phone before. I got the dates mixed up, can I clarify (I am not sure if this will affect your advise).

I am on a passport which is only issued for 5 years (New Zealand).

Thus I have two passports but not the third one (oldest one) to cover my time in the UK.

So my two passports in my possession are:

12 Jan 2010 to 12 Jan 2015 (now expired)

8 April 14 to 8 April 2019 (current one)

So I do have 5 years of travel history between these two passports which I believe is needed for the application. So I will just need to prove the original visa stamp existed as my residence permit started on 3 October 2011 (when I renewed)?

Could you advise if this changes your advise above?

Sorry about this.

Expert:  Thomas replied 2 years ago.
i will be able to answer at 9 a.m.
Expert:  Thomas replied 2 years ago.
Hi,
I see. So, the time on which you are relying is entirely evidenced in your two passports which are still in your possession, even though you had an earlier passport with the visa in it.
I would still proceed on the basis of my answer, by drafting a statutory declaration explaining the position, but it will probably make it considerably less likely to be rejected.
You should be fine.
Kind regards
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
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