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How to prove 5 yrs stay(Visa stamp unclear, nothing in SAR)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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azorpheunt
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Posts: 37
Joined: Tue Nov 06, 2012 11:15 am

How to prove 5 yrs stay(Visa stamp unclear, nothing in SAR)

Post by azorpheunt » Tue May 03, 2016 12:26 pm

Hello,

I am preparing for an ILR application for later this year and had a problem/question about the continuous period of stay. I have already looked at posts on the forum with similar problems and have taken all action I can think of based on that.

Problem
My understanding is that case workers look at the stamps in the passport to check if one has a continuous 5 years stay in the UK. In the past 5 years, besides other absences, there is a 2 week period for which I was out of UK. My passport has the following stamps related to this trip (assume that the trip was from UK to Country X and that the trip was from 01-Jan-13 to 12-Jan-13):

Stamp 1: Arrival in Country X on 01-Jan-13
Stamp 2: Departure from Country X on 12-Jan-13
Stamp 3: Arrival in UK on 12-Jan-13

The problem is that Stamp 3 is not legible. I can't recall why, but am guessing that the stamp ink was too wet and was smudged when I closed the passport. Furthermore, I do not have a landing card for the return trip corresponding to Stamp 3 :(

Things I've tried
After reading a couple of posts in the forum, I gathered that the way forward would be:
  1. SAR request to get the detail of Landing Cards stored by border control
    Outcome: I was hopeful of receiving the required proof from the SAR, but unfortunately, the only landing card detail it had was the one from my first arrival in UK. It did not have any landing cards for the trip mentioned above.
  2. Landing Card
    Outcome: I have searched through my documents, but I don't have the landing card corresponding to Stamp 3 above.

Question(s)
I am quite concerned now about the illegible Stamp 3 on my passport and how the case worker is going to handle it. I shall be providing a printout of e-mail for airline ticket showing travel dates.

  1. Can you please tell me if you have had any similar experience?
  2. What can I do to provide additional proof for that trip?
  3. What is the case worker supposed to do in such cases (i.e. when the Visa Stamp is not legible)?
I would be grateful for any help. Thank you!

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: How to prove 5 yrs stay(Visa stamp unclear, nothing in S

Post by geriatrix » Tue May 03, 2016 12:45 pm

azorpheunt wrote:My understanding is that case workers look at the stamps in the passport to check if one has a continuous 5 years stay in the UK.
May be or may be not. But that's not the only place they (can) check / verify.
Your passport would have been scanned at the UK Immigration counter on that day. UKVI will have a record of that!
You would have filled up a landing card on arrival. UKVI will have a record of that (if not the paper itself).

You don't need anything to prove your date of return.
Life isn't fair, but you can be!

azorpheunt
Newbie
Posts: 37
Joined: Tue Nov 06, 2012 11:15 am

Re: How to prove 5 yrs stay(Visa stamp unclear, nothing in S

Post by azorpheunt » Tue May 03, 2016 2:15 pm

Thank you for your response Geriatrix (not relevant, but I have fond memories of spending countless hours with Asterix and Obelix comics .... *as a grown up* :) )

Would you know of any other applicants in a similar situation (i.e. Illegible stamp + no landing card + SAR inconclusive) ?

If on the the D-day, the case worker questions the stamp, what should my response be?

Also, should I, in a cover letter to the ILR application, myself point out the smudged Stamp OR shall I not draw any attention to it and mention the SAR only if asked about the Stamp 3?

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: How to prove 5 yrs stay(Visa stamp unclear, nothing in S

Post by geriatrix » Tue May 03, 2016 2:27 pm

Don't worry about a "non-issue"!

If it will help calm your nerves while the application is being considered, include (if applying by post) or take along with you (if applying in person and show only if questioned) copy of travel booking for the trip in question.
Life isn't fair, but you can be!

azorpheunt
Newbie
Posts: 37
Joined: Tue Nov 06, 2012 11:15 am

Re: How to prove 5 yrs stay(Visa stamp unclear, nothing in S

Post by azorpheunt » Tue May 03, 2016 2:33 pm

Don't worry about a "non-issue"!
That is what my SO keeps telling me :)

I shall be applying in person. As you advise, I will take a copy of the travel booking (as well as the SAR) and use them if questioned.

Hmm, my apologies for harping on about this. But it would be really re-assuring to hear back from anyone who has already been through anything similar. The posts that I've looked at, either have the OP not responding back with their experience or being able to use a SAR successfully.

azorpheunt
Newbie
Posts: 37
Joined: Tue Nov 06, 2012 11:15 am

Is it worth taking a higher level SELT exam than needed?

Post by azorpheunt » Wed May 04, 2016 11:51 am

Hello,

I have gone through http://www.immigrationboards.com/indefi ... 93792.html and have reached the conclusion that I need to give the SELT exam to prove my knowledge of English.

Accordingly the minimum English qualification level is B1.

My question is, I was planning to take the test now for the ILR near the end of this year. Is it possible that this minimum level be increased, making my English qualification at B1 level useless for the ILR application?

The reason I ask is, the rules keep changing. For example, before April 6 2016, an ELA + SOC from NARIC would have been sufficient) but it is not clear whether it will be usable anymore. I had applied for an ELA and SOC for myself and Spouse but they required 'proof of medium of instruction for Degree' which is quite a lot of pain to get now so that money is wasted and am now going to give the SELT English Qualification. Just want to make sure that this (GBP 150 :( ) doesn't get wasted again.

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: How to prove 5 yrs stay(Visa stamp unclear, nothing in S

Post by geriatrix » Wed May 04, 2016 12:11 pm

Bad luck! No one here is a clairvoyant, AFAIK. :wink:
Life isn't fair, but you can be!

azorpheunt
Newbie
Posts: 37
Joined: Tue Nov 06, 2012 11:15 am

Took SELT with BRP (but incorrect BRP has to be returned now

Post by azorpheunt » Sat May 14, 2016 8:33 am

Hello,

I used my current BRP as the ID when I gave the SELT exam. However, after that when I travelled outside UK, while coming back there were some problems in the biometrics recorded on the BRP. I was advised to contact the home office to correct these problems. I have done that, and received an email from the home office saying that I should return the BRP and have a new one with fresh biometrics issued ( I haven't done this yet).

If I have to return my BRP, what happens to the SELT exam result linked to the id? Would it create problems when I apply for my ILR and the case worker looks up the SELT exam result and see that it's linked to a BRP which I no longer have?

Thank you!

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