Maraming dahilan bakit minsan may mga Applicants na hindi maka provide ng valid passport when making an application to the Home Office for further leave to remain in the UK. Maaaring nawala, nanakaw or nag-expire na at mahirap maka renew lalo na sa panahon ng pandemic or lockdowns. Sometimes the documentation which would support the issuing of a new passport is impossible to obtain.
Pero hindi naman ibig sabihin na expired na yong passport ng Applicant ay automatic refusal na agad.
Ask the Home Office to ‘exercise discretion’ where there is no valid passport
Ang dahilan kung bakit ang Home Office Immigration is requesting a valid passport is to produce proof of identity, pero pwede din nila tingnan ang mga travel dates, ‘ins and outs’ to the UK or any police reports (following a theft) or other documentation which would support the narrative as to why the passport cannot be provided.
The requirement to provide this proof of identity is set out in paragraph 34 of the Immigration Rules. This Rule applies to all applications made for further leave to remain (including indefinite leave to remain), and it states:-
An application for leave to remain must be made in accordance with sub-paragraphs (1) to (9) below…
(5) (a) Subject to paragraph 34(5)(c), the applicant must provide proof of identity as described in 34(5)(b) below and in accordance with the process set out in the application form.
(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.
(c) Proof of identity need not be provided where:
(i) the applicant’s passport, national identity card or travel document is held by the Home Office at the date of application; or
(ii) the applicant’s passport, nationality identity card or travel document has been permanently lost or stolen and there is no functioning national government to issue a replacement; or
(iii) the applicant’s passport, nationality identity card or travel document has been retained by an employer or other person in circumstances which have led to the applicant being the subject of a positive conclusive grounds decision made by a competent authority under the National Referral Mechanism; or
(iv) the application is for limited leave to enable access to public funds pending an application under paragraph 289A of, or under Part 6 of Appendix Armed Forces or section DVILR of Appendix FM to these Rules; or
(v) the application is made under Part 14 of these Rules for leave as a stateless person or as the family member of a stateless person; or
(vi) the application was made by a person in the UK with refugee leave or humanitarian protection; or
(vii) the applicant provides a good reason beyond their control why they cannot provide proof of their identity.
Pero kung hindi mai-provide ang passport for any reason, minsan pumapayag naman ang Immigration Office ng ibang form of identity or proof that the Applicant is in the UK or has been in the UK during the relevant period:
Applications made on the basis of residence in the United Kingdom
Evidence of lawful residence during the 5 years (or, if the applicant is married to or in civil partnership to a British citizen, 3 years) before the date of the application.
- Your passports
- If you are unable to provide your passport explain why and supply letters from employers (including start and finish dates), payslips, P60s, educational establishments or other government departments indicating the applicant’s presence in the United Kingdom during the relevant period …
Kaya hindi dapat ikalungkot na porke’t walang valid passport e walang pag-asa ang application. In most circumstances, the failure to provide a valid passport does not mean an application must fail. An Applicant can ask the kindness of the Secretary of State or Caseworker to exercise their discretion and consider the application because good reasons are given for the absence of the passport. Kaya lang, dapat din namang ipakita ng Applicant na ginawa din niya ang lahat ng magagawa to provide an alternative proof of identity or write a personal statement that there are good reasons beyond the control of the Applicant. Pwede din naman na ipakita ng Applicant na nag-try na syang mag renew ng passport pero wala pa at hindi pa dumarating ang new passport. I sometimes ask my client to provide a proof that the passport has been renewed by showing proof of payment or ‘stub’ from the Embassy. Madalas ok naman ito at wala akong nagiging problema. #pinoyukimmigrationexpert
My name is Don Magsino, BSc, MBA, GDL. I am Trainee Solicitor at Queen’s Park Solicitors. We are based at Suite 4, Stewart House, 56 Longbridge Road, Barking, Essex IG11 8RW | Telephone: 0203 6437 508 | Fax: 0203 3931 725 | Email: firstname.lastname@example.org | Regulated by the Solicitors Regulatory Authority (SRA)
This document provides a general summary and is for information/educational purposes only at the time of this writing. UK Immigration Rules are constantly changing, and readers are warned to always check the current Home Office policy and guidance for accuracy. This is not intended to be comprehensive, nor does it constitute legal advice. Specific legal advice should always be sought before taking or refraining from taking any action.