Maraming dahilan kung bakit hindi maka provide ang applicant ng “valid” passport. Halimbawa, ang applicant ay asylum seeker lamang at sumakay sa boat or truck to enter the UK. Ang iba naman ay victim ng human trafficking, and was subsequently recognised as a refugee.  In such cases obtaining a passport from the authorities in the home country may not be possible. Isa pang dahilan dito is where a passport has been lost or has expired and there is now no functioning government in the home country to issue a new one.  Sometimes the documentation which would support the issuing of a new passport is impossible to obtain. Minsan naman ay napakatagal or napakahirap makakuha ng booking slot to renew an expired passport.

Kaya hindi naman porke’t walang “valid” passport ay fatal or refuse na agad ang application. Ang mga Caseworkers ng UK Visas and Immigration ay maunawain din naman (kung minsan bagama’t hindi palagi) lalo na ngayon. Kaya kung ipapaliwanag mo sa kanila ang sitwasyon bakit wala kang valid passport and you can prove ang mga efforts na ginawa mo to renew it, mauunawaan ka nila. Maraming beses ko na rin ito nagawa sa mga clients ko at naging successful naman ang mga applications nila. You may want to reason out that we live in a very difficult time and as we are in covid-19 pandemic, the Embassy or Consulates are inundated with high demands of applications with skeletal workforce – that’s why it is impossible for you to provide a current and valid passport. If I were you, I will attach the old passport, so at least you have a proof of identity kahit paano.

Asking the Home Office to ‘exercise discretion’ where there is no valid passport

Kaya naman nagre require ang Home Office ng valid passport is to produce a proof of identity, at para malaman nila paano ka pumasok ng UK so they will check your entry and travel dates, etc.  Kaya kelangan na, where a valid passport is required, to set out fully the reasons for the absence, with evidence such as police reports (following a theft) or other documentation which would support the narrative as to why the passport cannot be provided. Maybe proof of future booking from the Embassy may be helpful. I-print mo lang yong booking na nakuha mo sa online booking.

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.

The guidance relating to the requirement to produce a passport to provide other information often gives other suggestions for providing evidence in circumstances where a passport cannot be provided, for example:-

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 …

So dito ay maliwanag, that failure to provide a valid passport does not mean an application must fail. The Home Office must instead be invited to exercise discretion and consider the application because good reasons are given for the absence of the passport.  Further, the applicant should have made every effort to provide an alternative proof of identity and should not have manufactured the circumstance leading to its absence (‘a good reason beyond their control’). Kaya maganda na makasulat ng maayos na ang dahilan for not providing a valid passport ay dahil sa Embassy na hindi makapag bigay ng date to renew or replace your passport.

To renew your passport and find a booking, you can visit this link: https://londonpe.dfa.gov.ph/consular-matters/book-an-appointment.

Good luck!

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Do you want to instruct me? Please send me a brief explanation of your case or send any relevant document to my email: donm@queensparksolicitors.co.uk and let me see if I can help you or not. We offer a telephone consultation for 30 minutes for £60 one hour for only £99.

We are Queen’s Park Solicitors. I am a Legal Consultant and Trainee Solicitor (SRA No: 644167) based in London, UK. My name is Mr.  Lindoven Magsino, BSc, MBA, GDL, LLM, Ph.D. (candidate). We are based at Suite 4, Stewart House, 56 Longbridge Road, Barking, Essex IG11 8RT, United Kingdom | Telephone: 02036437508 | Fax: 02033931725  | Email: donm@queensparksolicitors.co.uk | Regulated by the Solicitors Regulatory Authority (SRA) 566513. Visit us at http://www.queensparksolicitors.co.uk