Does the Home Office ever “exercise discretion” if someone doesn’t have a valid passport?

Does the Home Office ever “exercise discretion” if someone doesn’t have a valid passport?

Although not having a passport when applying for Further Leave to Remain or Indefinite Leave to Remain may seem like the end of the world, if some cases, the Home Office is prepared to “exercise discretion”. Fortunately, the British government does recognise that individuals may not have a passport through no fault of their own. It may be because they are victims of human trafficking or another reason, such as being able to access the necessary documentation isn’t possible.

When would the UK Home Office use discretion?

The primary purpose of a passport is to prove your identity. The Home Office states that anyone applying for Leave to Remain that individuals must prove their identity, but it doesn’t necessarily mean in the form of a passport. Other documents, such as a Thai ID card or certain travel documents, may be accepted as an alternative in some cases.

The applicant would need to explain why they have been unable to obtain a replacement passport and explain how the previous passport was lost, stolen or allowed to expire. Of course, there are many genuine reasons why this could have happened, and the Home Office accepts this. If you were human trafficked and now have refugee leave, this will, of course, be looked upon sympathetically.

Talk to Us!

Although a Thai National rarely loses their passport, we appreciate that it can happen. Our Thai speaking staff can offer you helpful and friendly advice if you find yourself in this predicament. So, if you would like more information, call us on +66 (0)80 102 2328, +66 (0) 38 420 313 or +44 (0) 20 8133 8059, email us on: info@thaivisaexpress.com or contact us via our website.