ILR Spousal passport

I'll be applying for ILR sometime in Aug (expiry in Oct).  My partner had to cancel their passport last year due to Identity theft issue.  Action Fraud gave a reference number to include when applying for a new one.  Haven't gotten the new one yet as haven't been able to travel anywhere.

Do we need to get a new one & scan it in with completely blank pages?  OR  Do we scan the cancelled one & give an explanation?

The sponsor's passport provided with the application MUST be current and valid. If the sponsor does not have a valid, current passport, they cannot use an expired one and instead must provide a number of other documents to prove their UK citizenship, and their ordinary residence in the UK for the last 3 years.

So, the easiest option will be to apply for a new passport for them ASAP and scan every single page of it.

If they do not have a new passport by the time you apply for ILR, they will need to provide the following documents instead:
- full birth certificate (showing their parents’ names)
and
- at least one other formal document as evidence of ordinary residence in the UK for the last three years.
and
- If they were born on or after 1st January 1983, they must also provide both their parents' birth certificates as well, to prove they were born a UK citizen.

Suitable formal documents showing ordinary residence include:
- notice of income tax coding
- driving licence
- building society savings book(s) /bank statements
- National Insurance or National Health Service registration issued by the Department for Work and Pensions or a local health authority

Thanks, ksand24.

Could I get further explanation on the below answer, please.

- at least one other formal document as evidence of ordinary residence in the UK for the last three years.

Giving formal docs is no problem as they've lived in the UK their whole life.  Do you mean 1 doc for each year of the past 3 years for a total of 3 of that document?  ie: something from 2018 & 2019 & 2020 (&/or 2021). 

( I understand the "at least" bit but for simplicity my example is for 1 single document.  Hope that makes sense.)

Thanks, ksand24.

Could I get further explanation on the below answer, please.

- at least one other formal document as evidence of ordinary residence in the UK for the last three years.

Giving formal docs is no problem as they've lived in the UK their whole life.  Do you mean 1 doc for each year of the past 3 years for a total of 3 of that document?  ie: something from 2018 & 2019 & 2020 (&/or 2021). 

( I understand the "at least" bit but for simplicity my example is for 1 single document.  Hope that makes sense.)

I honestly don't know. I took the information directly from the old paper SET(M) form... but in the 14 years I've been on this forum, I don't recall anyone actually having to provide those documents, because the UK sponsor has always had a valid passport.

This is from the old 2018 SET(M) paper form, which I have saved on my laptop:

Your partner’s valid passport, national identity card or travel document showing that he/she is present and settled in the UK. If you are making your application by post you can send a complete and full copy of your partner’s valid passport, national identity card or travel document. Every page of the passport must be copied including any blank pages.
If you are unable to provide your partner’s passport or travel document, see Note 7 about other suitable documents which must be originals. List any such documents below.
If your partner has an EEA right to reside in the UK permanently, you must provide their valid document certifying permanent residence or permanent residence card.

Note 7: If your partner is a British citizen without a passport, you must provide his/her full birth certificate (showing the parents’ names), accompanied by at least one other formal document as evidence of ordinary residence in the UK for the last three years. Anyone born in the UK on or after 1 January 1983 will only be a British citizen by birth if a parent is a British citizen or settled in the UK at the time of birth. In that case, we will need evidence of the nationality or immigration status of your partner’s parents at the time of birth for us to be satisfied that he or she is a British citizen.
If your partner is a non-British citizen without a passport, you must provide a Home Office letter or other document showing that he/she has been granted indefinite leave to enter or remain in the UK, accompanied by at least one other formal document as evidence of ordinary residence in the UK for the last three years.

The following are examples of formal documents that may be provided as evidence of ordinary residence for the last three years: notice of income tax coding, driving licence, building society savings book(s) /bank statements, National Insurance or National Health Service registration issued by the Department for Work and Pensions or a local health authority.

Is there any reason why they can't just apply for a new passport before you apply for ILR?

Looks like it's taking up to 10 weeks for passport renewals at the moment, so if they apply now, they should get the passport by the end of August... which should give you plenty of time to apply for ILR before your visa expires.

I agree with ksand, just get the passport. It'll be much easier for your visa application and, as an international couple, it's a good idea to  always  both have current passports as you never know when you might have to travel in an emergency.