Request for advice - urgent please

[ramesh2008r]

Could all experienced and knowledgeable forum members please advise? I am really concerned about this situation.

I have been living in UK continuously since 1998. I have ILR (green vignette) since 2002 - in my old Indian passport. I have the 'No time limit' stamp in my renewed Indian passport obtained in 2003. I have been travelling with this 'No Time limit' stamp in the last few years without any problem.

I went abroad for a 8 day study tour in September 2007 and landed back at Heathrow. I presented my Indian passport with the 'No time limit' stamp to the immigration officer and said that I have indefinite leave to remain in the UK.

She asked me quite usual questions like 'When did I get my ILR', 'How did I get my ILR', 'How long was I away from UK' etc. I gave the answers to these simple questions and she put a stamp. I got my passport back and when I was just past the immigration desk, I opened my passport to check whether the rectangle/square immigration stamp was there. The light was dim and I could see the rectangle/square stamp with just the date, heathrow etc information. I did not check the passport page very thoroughly.

I collected my check in baggage and arrived at the waiting hall. Before I put the passport safely in my hand luggage, I thought I will check again in the bright light. When I went to the right passport page, I could see a faint line 'PUBLIC FUNDS PROHIBITED' . It was faint but can be made out by a careful eye. This was above the rectangle/square stamp. Above the faint 'PUBLIC FUNDS PROHIBITED' line, I could make out another line but only a portion of the line 'EM' was visible. I could not see any other portion of the erroneous stamp (even if there are any other parts to that erroneous stamp).

I sensed immediately that something was wrong. I found a phone at the arrivals meeting point for immigration and called the immigration desk. A lady came on the line. I explained the situation and asked what I should do. She started by saying that she will check with a colleague, put me on hold for a couple of minutes, came back on the line to say that I should write a letter enclosing a copy of the passport page with the wrong stamp and they will then advise me what to do.

I then told her that I had just landed at Heathrow and was still at the airport and requested her whether she could correct the error then and there. She asked me to go to the door marked 'Staff entrance' and wait there for her. I waited there and when she came, I showed her the passport and my ILR letter (which I had with me). She looked at the erroneous stamp and said this has happened not just to myself but to many others as well. She commented that the two erroneous lines were faint. She said 'Even then, I will score it off' and put a line (with a ball point pen) over the two lines (line starting with 'EM' and the line which said 'PUBLIC FUNDS PROHIBITED'). She put her initials and the date just above the scored out 'EM' line. I asked her whether I can work in the UK and she said 'yes'. I came home (I was so tired after the long flight).

On the next working day, I went to an immigration solicitor in London and told the whole story. He looked at the passport page and said that whatever needed to be done had been done. I picked out the solicitor from the yellow pages - don't know how good he is in these matters.

I happened to be browsing immigrationboards.com yesterday and I got very worried. I want your advice on the following:- (something like a second opinion, if you like)

1. Is what I got done at the airport (scoring out the two lines) sufficient? The immigration officer who scored out the two lines just put her initials (and not any signature). She also did not put any new stamp to say that she has scored out or cancelled any erroneous stamp. Is such a new 'formal' stamp necessary?

2. Should I do anything now? Is there anything I can do now?

3. Is my ILR compromised in any way? Is there any way I can check this? If the immigration officer purposely wanted to cancel my ILR (there are no legal grounds for this at all), what should she have done? should she have put a big ‘CANCELLED’ stamp on my ‘No Time limit’ stamp?

4. When I travel next outside UK and come back, would the immigration officer see this manual scoring off of the two lines and raise any queries and if so, how do I respond? Can I argue that the very fact that there is no ‘CANCELLATION’ stamp on the ‘No Time limit’ stamp proves that my ILR is not compromised in any way?

5. To be on the safe side, should I necessarily schedule a trip abroad before end-March (the maximum 6 month limit on any visitor’s stamp – even though no portion of the erroneous stamp in the passport page says anything about six months)?

5. I am quite a cautious person and this has got me very anxious. I am expecting my second child in a few months and I may need to use my passport for processing the documentation for the new baby. Would I need to do another round of explaining to some one else?

6. I might also do a job change and would this cause any problems there?

I am worried sick and any help and advice would be greatly appreciated.

As an aside, I realise that it is always good to keep the contact details of a proven/good immigration solicitor to get advice on matters on these. If any of you can recommend someone, that would be most useful.

Thanks for your time and thanks in advance for your help.

[vinny]

A few years ago, I asked my friend, an Immigration Adjudicator/Judge, a similar question. He told me that there was nothing to worry about. Sometimes, an Immigration Officer just pressed too hard on his/her stamp and the standard conditions for visitors became faintly visible.

[Dawie]

What is stamped in your passport is irrelevant, it's what's on the Home Office's computer systems that's important. It's pretty clear that in this case the stamp was erroneously used, but nothing has changed in their computer system, you still have ILR, so I wouldn't worry about it.

By the way, why don't you become a British citizen? You've had ILR for ages already.

[AlexCh]

I asked this question immigration officer in Heathrow - the answer is absolutely ridiculous - they use the same stamp for ILR holders and for visitors, when they stamp ILR holder's passport, they are trying to press the stamp in a such way that "Public funds" part is not printed. Sometimes it does not work

[VictoriaS]

Answered in a different forum - no worries!


Victoria