10 Yr ILR & citizenship,showing Old Passport or not

[Jigool]

Hello All,

I was wondering if I could get any advice.

I have laid out my absences below which are well over the limit of 18 months for 10 year long residence and already reaching 437 days out of 450 days for citizenship.

Briefly, I’ve been in UK since 26th June 1999 and believe on 26th June 2009 (Or 28 days before 26th June 2009) I could apply under 10 YR long residency, I’m currently on PSW till OCT 2010.

The situation is since my father had a severe car accident back home ,(I’ve got medical evidences to show this fact), I was going many times back home, And have to do so every 6 months in Dubai, to avoid losing my residency there.

So my question is, I’ve got 3 passports, the oldest one is lost(didn’t have it when applied for PSW on 31st Oct 2008),the 2nd oldest is available and in there I have a stay of 7 months out of UK, and the 3rd passport, the current passport is the new passport. Now, since I’ve requested Subject access request from home office, in there, since there is only one landing card, which is even not readable, is it possible if I now claim that my 2nd oldest passport is lost, and then to arrange the dates to the most suited to reality but within the limits of the 18 months for 10 years? Would that cause a problem?

Since I know in my situation, it’s almost impossible, and it is not fair at all not to be able to get ILR after all these years and amount spent in UK.

Any ideas or recommendation?

P.S. For counting the days out of UK, I’ve calculated :
For example : Left UK on 14th Feb arriving in Dubai 15th Feb & returning 26th Feb to London, so now I take Uk Entry stamp which is 26th Feb and Dubai entry stamp which is 15th Feb and Subtract(Without considering both 15th and 26th and only counting the days in between) which is 10 days , not 11,correct?

So far for 10 YR ILR : 933 Days Absent
So far for Citizenship : Total =450-437 = 13 Days Left

Any one? Any help?

Many Thanks

Jigool




OUT of UK IN UK Days Absent

14 Dec 2008 1st Jan 2009 17 Days

8th June 2008 24th Sep 2008 107 days

14th March 2008 3rd Apr 2008 19 Days

14th Dec 2007 8th Jan 2008 24 Days

3rd June 2007 25th Sep 2007 P 114 Days

20th March 2007 6th Apr 2007 PT 18 Days



1st June 2006 24th Sep 2006 114 Days

25th Mar 2006 19th Apr 2006 24 Days

1st Jan 2006

4th June 2005 18th Sep 2005 105 Days

20th March 2005 4th April 2005 14 Days

17th Dec 2004 28th Dec 2004 10 Days

25th May 2004 26th Sep 2004 124 Days

26th March 2004 7th Apr 2004 11 Days

12th Dec 2003 1st Jan 2004 19 Days

12th Jun 03 20th Sep 03 99 Days

20th Dec 02 4th Jan 03 13 Days

21st Aug 2002 18th Sep 02 22 Days

29th Jun 2002 13th Aug 2002 44 Days



9th Sep 01

31st Mar 2001 16th Apr 2001 15 Days

17th Dec 2000 07th Jan 2001 20 Days

Arrival to UK : 26th June 1999

[paulp]

First of all, do not lie. If the HO comes to find out during the application process, you'll get a ban. If they give you ILR (and maybe citizenship) and find out later, they will strip you of ILR (and citizenship). You don't want that threat hanging over your head for the rest of your life.

If in the SAR file, there is no evidence of your visa and entry in June 1999, it won't be a straightforward case and the onus is on you to prove it. That and the absences make it not a straightforward case, do a postal application.

[Jigool]

First of all, do not lie. If the HO comes to find out during the application process, you'll get a ban. If they give you ILR (and maybe citizenship) and find out later, they will strip you of ILR (and citizenship). You don't want that threat hanging over your head for the rest of your life.

If in the SAR file, there is no evidence of your visa and entry in June 1999, it won't be a straightforward case and the onus is on you to prove it. That and the absences make it not a straightforward case, do a postal application.

Dear Paul,

Many thanks for your comments.

In my green card(Old police registration) it mentions the entry June 1999.
So it's on me to prove that I have been here since 1999.

If I provide my absences to the best of my knowledge isnt it then on HO to prove me wrong?

Do they hold any other information apart from whatever appears in the Subject access request? If they do then that would be against the Data protection Act,since they are not fully providing me with the data held about me on their systems !!!!

2 general vital questions :

1. For counting the days out of UK, should one calculate as follows:

For example : Left UK on 14th Feb arriving in Dubai 15th Feb & returning 26th Feb to London, so now I take UK Entry stamp which is 26th Feb and Dubai entry stamp which is 15th Feb and Subtract(Without considering both 15th and 26th and only counting the days in between) which is 10 days , not 11 days,correct?

2.How tough HO is with someone who is over the limit of 18 months for 10 year long residence? 3 months over the limit. Would they completely refuse?

Sorry for the lengthy text above.

Many Thanks

[PaperPusher]

So far for 10 YR ILR : 933 Days Absent

According to you, you have been out of the UK for over 2.5 years, not 21 months.

2.How tough HO is with someone who is over the limit of 18 months for 10 year long residence? 3 months over the limit. Would they completely refuse?

If I provide my absences to the best of my knowledge isnt it then on HO to prove me wrong?

Please do not lie on your application.

[paulp]

The onus isn't just on you to prove that you entered in June 99, it's on you to prove that you've got 10 years of continuous legal stay, i.e. proof of visas.

You don't want the HO to prove you wrong, mate. It's misrepresentation in an application and it's a direct ban from the UK for 5 years (from memory).

In theory, the HO should give you all the data they hold on you but that's probably done by an admin person. Do you want to bet your future in the UK on it?

To answer your other questions:
1/ That's right, only count complete days out of the country. Don't count days on which you travelled.

2/ Check out the Immigration Directorate Instructions on the UKBA website. There may be scope for discretion if you've got compassionate circumstances.

[Jigool]

Many many thanks both to Paul and PaperPusher,

1.I know that the onus is on me to prove that I've got 10 years of continuous legal stay, i.e. proof of visas,but unfortunately my oldest passport is lost which has expired 5 years ago anyways and had all the visas and airport stamps from 1999-2004 in it,with which other ways can I prove my legal stay in Uk during that time?

Are these enough?
i)University letter proving full time education during that period?
ii)Stamps in Police certificate of registration?

2.Unfortunately my father had a severe car accident back home and consequently severe illness(Brain injury),once Ive been told that I'm included in compassionate circumstance,and has got 50/50 chance despite being absent more than twice the limit of 18 months,and my application probably would take more than 6 months.How true would this be?

3. a)If successful,after getting the ILR,considering the current climate of change of rules,is it only 1 year after ILR that one can apply for citizenship?
b)How long the process of citizenship application take?

4.I graduated in July 2008,and got my PSW in Nov 2008,I'm currently unemployed,If I transfer some money from abroad to Uk,is it taxable?
And generally, if I'm not working do I have to be paying tax according to the new law?

Again,I like to thank you and congratulate you guys for setting up this board,I really appreciate your help and advice,and am sure a lot of people do feel the same way.

Jigool