Getting a replacement Spousal Visa

I lost my passport over the summer with my spouse visa in it. I had it replaced here in the UK but now need to get my Visa replaced as well. Which is better:

1. Go straight to the home office here and hope they can process my Visa on that day. (very unlikely)
2. Send off my passport to the Home Office and wait 5-13 weeks or 3 weeks as the web-site says, because of course every bit of information I get whether it be from someone on the phone or on the web contradicts the next.
3. Go to LA while I am in the states over Christmas and try and get it there seeing as that is where I got it origionally.


Also I have the replacement passport in my new name rather than my maiden name, but my origional spousal visa was in my maiden name. Shouldn't be a prob right as long as whatever I do I give them my marriage cert.

And one more thing, like I said I am going to the states... I am so going to have a problem getting back into the UK aren't I? that is if I don't have the spousal Visa. I mean I am married, have been for a year, actually needed to reapply this Christmas anyway seeing as it has been a year on the 20th of Dec. I have bank accounts here, a job and so on and so forth.  Oh gosh, in saying that since i will have been married a year in Dec. 20th I am supposed to reapply for my final Leave to Remain (or whatever it is called) correct? what about that then, should I apply for that or do I need to apply for my old visa and then apply again for the new one... ugh all so complicated haha!

Let me know if there is anyone who can help me in anyway. I'm not leaving for the states until my actual Anniversary which is the 20th so I have some time to think, or in other words I have some time to sit and worry about it constantly.

Thanks everyone.

Ashley

I don't think you can get the replacement in the US.  I'd either go to the Home Office (they do take appointments now!) or send your passport in by post. 

You're right that unless you have some evidence of having a spousal visa, you may have a problem getting back into the UK.  They aren't going to take your word for it that you have a right to be here...and a job, marriage cert, etc won't be enough evidence.

What do you mean you needed to reapply at Christmas anyway?  I'm a bit confused.  If you were married a year ago, you've still got a year to go before you can apply for ILR.

Oh really, I  thought after a year I was supposed to apply for my  new visa which allowed me to stay for another three years where then I would apply for "citizenship"(or whatever they may call that now as well).

If I go to the Home Office here, will I be paying a huge fee again. Because on the web-site it says I pay something of around £200 then in another bit it doesn't have a fee. It's all so confusing.

From the IND website:

Transferring your existing immigration status into a new passport

Please note that it is no longer possible for us to process postal applications for limited leave to remain in, or to enter, the UK to be transferred into a new passport. This service, which is free of charge, is available only to personal applicants at each of the Public Enquiry Offices. Limited leave to remain or enter is a period with a time limit, ie until a specified end date. There is no application form for this type of application. When applying, you should provide your old and new passports (or a Home Office letter and your new passport if you were given leave to remain only in a letter rather than a passport).

If you want to transfer indefinite leave to remain or enter from an existing passport into a new passport, the application may be made by post or in person at a Public Enquiry Office on Form NTL. There is a charge for this service as specified in the application form. Postal applications should be made to the Cannock address given in the form.

But if you were granted indefinite leave to remain only by letter and want it transferred into a passport, this service is free of charge and you therefore don't have to use Form NTL. In cases of this sort, you should send your passport and the original Home Office letter to the Immigration and Nationality Directorate, Lunar House, 40 Wellesley Road, Croydon CR9 2BY.

___________
Hope that helps.  There's NO CHARGE for replacing Further/Limited Leave to Remain in a new passport.  The charge is for replacing Indefinite Leave.

The visa you have right now should be a FLR visa (further leave to remain) or Spousal Visa.  You said you got your current visa in the US so I have to assume that you got married outside the UK and then got your visa and moved here.  Is that right?  If that is so, your spousal visa is good for two years and entitles you to work, live, settle, etc in the UK as long as you don't leave the country for long periods or apply for public funds.  (This used to be good for only one year but the rules changed in 2002 to 2 years, which may be why you're confused.)

After the two years, you need to apply for ILR (indefinite leave to remain), and yes, there will be an additional fee for this.  The fee you have to pay will depend on if you do it by post (cheaper) or in person at the Home Office.  The ILR gives you the same rights as the FLR, essentially, but does not need to be renewed.  

You can then apply for citizenship once you have lived in the UK, without being subject to immigration, for three years (if you're married to a UK citizen.)

Brilliant! Thank you so much! I love this forum everyone is so helpful.

I just spoke to someone from Home Office.... the first to actually know what she was talking about... and wasn't foreign.  And she just told me the same thing, it's free of charge to get the replacement and to reapply after two years not one as they just changed it in Aug.

See I had had a problem as well because I don't have any info stating I have the Visa. So I was told to call LA and ask them for a copy of my VA form or whatever it is called (is that the correct term?) and the woman said " No We don't do that they have to get it from us". I thought that sounded strange considering they should have sent me one in the first place.

I just spoke to the woman at the Home Office here and she said that it is their job to give me a copy and if they do not do so that I should complain as I cannot get my Visa without this verfication.

So I guess I will call the consulate again and ask for my copy correct?

Thanks again!!!!

I just spoke to the LA British Consulate and they have told me that I have to pay the $424 again to get the copy of the origional one. i don't understand this. I already have the visa, she says they will have it on file... So why do I have to pay this fee again?


OK so now I just spoke to another woman who told me all I need to do is fax them my old passport information and that should do the trick. She was so rude to me I couldn't believe it. Everyone I talked to, though I got different answers from everyone, were fairly nice, but this woman was so rude, she yelled at me to stop talking before I even told her what was going on. I asked her why she was being so rude to  me and she said " Because you have talked to so many people you think I know what you are talking about." I thought that was strange considering I had just said " I need to get my spousal visa replaced and therefore need a copy of my VA application for the Home Office here for verification." I actually said that twice and she said I didn't and then continued to yell. I was so shocked I was shaking and almost in tears because I didn't understand why she was being so horrible to me. Before I hung the phone up I managed to get in a " I hope you are nicer to the next person". I mean people call these people because we need help, why would she yell at me when I am being completely nice and just asking wht I should do? She had just started her shift, she couldn't have possibly been in that bad of mood yet.

Anyway so that was what I was told, to fa my info to them and they will fax it back (the info i need). Lets hope it is that easy.

Sorry you had such a bad experience with the Home Office.  No fun!   

But sounds like you have finally gotten the info you  need.  Here's hoping you're on your way to having this sorted now! 

Yes hopefully it is the right information this time. Thank you so much for your help. You were very helpful, it's nice to know I have a forum I can post on to get quick feedback and useful information.

Thanks again.

Ashley

That's what we're here for!  Glad we could be of help.   

So why do I have to pay this fee again?

You don't.

To their credit, consular offices have to deal with an incredible number of off-the-wall enquiries that are so hopelessly ill-formed that it's no wonder that people will get confusing or contradictory information.  And to be fair, they can't all be walking encyclopedias of immigration law.  But on the other hand, lots of them either don't know or don't care.  It's civil service after all, no different from any other.

It's my suggestion that calling the HO or a consular unit starts off with the standard opening line:  "Hello, This is (name); I am an American national residing in (place),  I have a (visitor/fiance/etc) visa issued in (Croydon/NYC/etc) on (date) with expiry of (date).  I have an enquiry about (subject), can you help with that?"

At least it gets the necessaries out on the table and puts things on a professional footing.  Of course any standard opening which gets the job done will do.  I honed this one down over the course of 10 years during the times when I had visas.  But I still use it if I have to call them on somebody else's casework.

I agree with you. I mean there is so much information there is no way that they know all the rules as well. I just found it hard cos everyone I spoke to had a different answer. If it were me and I was unsure of the answer I would ask someone who knew.

My opening lines were not too disimilar to yours give or take a few lines. But hopefully I have figured it out. I've spoken to the HO and consulate place. The HO was very helpfull....after I spoke to third person and then i got the info I needed from the consular but in an unfriendly manner, but at least I got it right?

I'll fax everything tomorrow. I hope I give them everything they need. better to provide them with everything I can.

Thanks garry! I appreciate it. Sorry for being a pain. I just got so confused because I had spoken to so many people with so many different answers. The forum provided the most help though, thankfully.

Thanks

Ash