ILR REFUSED - PASSPORTS RETURNED - APPLY for ILE outside uK

[alexpride]

Hi, I' have been in the country for 15 years, and have an "Indefinite Leave to Remain" stamp on my old passport. Couple of years ago, I left the UK and stayed in the Philippines for 2 years and 2 days, not realising there was a 2 years time limit to stay away from UK before my ILR status is jeopardised. Nevertheless I was let in by the immigration officer at the airport.

So now fast forward to 2 years later, my new job requires I have my ILR transferred to my new passport. So I applied for 'NTL' for my new passport. Now because of overstaying in Philippines for 2 days, that application was refused. In the letter I quote:

"The passports you provided in support of this application has been retained by the Home Office pending further investigation and review of the most appropriate course of action regarding your immigration status in the united kingdom" There is no right of appeal against this decision"

I then received my passports with nothing on my immigration status but simply:

"Please find enclosed your passports which were submitted with your No Time Limit application which was refused 7 October 2013".


I am currently facing financial difficulty as I am unable to work here or borrow money. I have my mum, dad and brothers here. I also have a 2 year old child whom I have custody of but lives wit her mother. I see my child twice a week. Due to the financial burden, I am considering applying outside the Philippines as I will be able to sell of some properties/land there to get some money. What's the chances of my application for a Indefinite leave to Enter' being refused? Is it worth the risk as I could potentially be refused and I will be stuck in the Philippines and never see my child again.

Thanks.

[Casa]

You can't apply for ILR from outside of the UK. It would be wise to seek legal advice regarding the option of applying for a visa to continue access to your child.

[alexpride]

I meant to say, I want to apply for the returning resident visa. The Indefinite Leave To ENTER not indefinite leave to remain. They advised me to apply outside the uk then once u are in the uk and lived here for over 2 years u can then apply for the indefinite leave to remain. I'm just afraid that if i get refused outside i may never be able to return back to england. I mean i have my child and family in england. What is the possibility that my application will be refused in the philippines. I wud love to apply here but i am financially in a difficult situation to keep myself here.

[alexpride]

I mean to say, I want to apply for the returning resident visa. The Indefinite Leave To ENTER not indefinite leave to remain. They advised me to apply outside the uk then once u are in the uk and lived here for over 2 years u can then apply for the indefinite leave to remain. I'm just afraid that if i get refused outside i may never be able to return back to england. I mean i have my child and family in england. What is the possibility that my application will be refused in the philippines. I wud love to apply here but i am financially in a difficult situation to keep myself here.

[vinny]

When the Immigration Officer let you in, what leave did he grant you? What was the endorsement on your passport?
Were you in the UK when you applied for NTL? If you were in the UK and they curtailed your leave, then you should have had a right of appeal.
Where are you now?
A returning resident visa may be difficult after this refusal.

[alexpride]

The immigration officer at the airport just let me in with a normal entry stamp. He then added that my indefinite leave to remain will remain intact as long I don't go back again to the philippines within 9 months which is the incorrect procedure to follow.
I got my LDR to join my mother here in the UK.

[vinny]

The immigration Officer may have correctly admitted you under paragraph 19.

Were you in the UK when you applied for NTL? If you were in the UK and they curtailed your leave, then you should have had a right of appeal.
Where are you now?

[alexpride]

I am currently in the United Kingdom.
I applied for my transfer of my indefinite leave to remain visa to my new passport here in the UK and was refused on the basis of over staying.
Written in one of the letter was that any decision made cannot be appealed. Taking into account that I've been in this country for over 15 years, has a child who is a British citizen and all my family here... is it still possible that they would refuse to give me an Indefinite Leave to Enter visa if I am apply outside the UK?

[vinny]

Do not go outside the UK. It may be considerably more difficult to resolve this from outside the UK, especially if they consider you to be an overstayer.

Did the Immigration Officer ask you how long you had been away for? Was he aware of how long you had been absent for?

From the Immigration Officer's conversation with you and his stamp, it seems likely that he admitted you as a Returning Resident and not on limited leave. Then I don't think that you overstayed. What evidence have they provided to support their claim that you have overstayed?

So, they should either confirm your ILR status or refuse by curtailing your leave, giving you a right of appeal. Saying that you overstayed seems to be an abuse of the Immigration Rules.

[alexpride]

Yes the immigration from looking at my visa stamps alone established that I've been away from the UK for more than 2 years. When I applied for my indefinite leave to remain visa to be transferred into my new passport they asked me why there were gaps in my proof of continuous residency between 210 and 2012 in which I honestly told them that I had been in the Philippines.
My old passport contains the indefinite Leave to remain visa and the entry stamp in my new one which I got from the immigration officer. It maybe that I misunderstood him and he actually meant that I had around 90 days to get in contact with immigration and explain why I had been away for so long. When I contacted immigration last month they advised me that my visa is no longer valid and I must go back to the Philippines and re-apply there.

[vinny]

It's good that Immigration Officer knew that you had been away for longer than two years.

If the Immigration Officer had granted you limited leave to regularise your stay, then his stamp should have reflected this. His stamp should have stated 90 days, or whatever time limit he had imposed.

Alternatively, considering you were late by 2 days, he may have admitted you under paragraph 19. If you used a new passport, then did he write the letters "VIPP"?

The stamp, landing card and your conversation with the Immigration Officer will be very important to establish what happened.

Request evidence that you were not admitted as a returning resident. The details should be on your landing card.

[alexpride]

Its been 3 years now, I no longer have my landing card.The immigration officer gave me a normal entry stamp with nothing else included. I'm going to get in touch with immigration and ask them for evidence regarding their decision to let me back in the country.

[vinny]

You wouldn't have your landing card. The Immigration Officer would have kept it.

[alexpride]

ok thx for your help. Very much appreciated I am currently in the process of requesting any personal data that they may hold about me e.g. landing card and border agency records.