IMMIGRATION OFFICER put incorrect stamp in my PASSPORT

Rosey · Post by **Rosey** » Thu Oct 25, 2007 10:35 pm

Hi everyone,

I am on workpermit for last 4 years in U.K. Next year, I can apply for ILR.
My problem is when I was returning from 2 weeks holiday, immigration officer put stamp in my passport which says "employment prohibited, no recourse to public funds, leave to enter for six months". This is wrong stamp bcos as I have work permit for one more year, I should be allowed to work for another year. I explain to the officer everything but she looked so rude. what can I do now?. Pls help me?.

Post by **vinny** » Fri Oct 26, 2007 1:20 am

Are you a non-visa national and could the Immigration Officer have thought that you were coming to the UK for a holiday? Did she look at every page in your passport or noticed that you already had non-lapsing leave under 20A?

Sometimes, they press too hard on the stamp and the standard visitor conditions become visible. Were they clear or was it accidental?

In hindsight, to give you peace of mind, it may have been better if you had queried the stamp at the airport, no matter how rude she looked.

When in doubt, ask the BIA to confirm your status.

Docterror · Post by **Docterror** » Fri Oct 26, 2007 1:25 am

Rosey, interesting incident indeed. Did the Immigration Officer (IO) see your current visa and what questions were you asked by the IO?

And to repeat vinny's question- what is your nationality?

Rosey · Post by **Rosey** » Fri Oct 26, 2007 5:45 am

Rosey wrote:Hi everyone,

I am on workpermit for last 4 years in U.K. Next year, I can apply for ILR.
My problem is when I was returning from 2 weeks holiday, immigration officer put stamp in my passport which says "employment prohibited, no recourse to public funds, leave to enter for six months". This is wrong stamp bcos as I have work permit for one more year, I should be allowed to work for another year. I explain to the officer everything but she looked so rude. what can I do now?. Pls help me?.

I am non visa national belongs to Australia. I showed her i have 5 yrs of IED (Work permit) & flr in my passort. but, that lady didn't seem like understand my situation. Regretfully, she works as an immigration officer at heathrow airport but doesn't have the enough knowledge to perform her duties & resonsibilities.

immigration1 · Post by **immigration1** » Fri Oct 26, 2007 9:24 am

I wouldn't worry. Sometimes, these incidents happen. I'm sure the IO wanted to give you a free standing (just date) stamp. Whoever is going to process your ILR application will know that those conditions (no work/ recourse to public funds - Code 3,5N) is not applicable to you as you're on code 4 restrictions (i.e. you are authorised to work).

paulp · Post by **paulp** » Fri Oct 26, 2007 11:06 am

The most recent visa usually supercedes any previous ones.

Rosey · Post by **Rosey** » Fri Oct 26, 2007 12:27 pm

So, is it better to avoid trouble, should I quit my job & return to australia asap?

Siggi · Post by **Siggi** » Fri Oct 26, 2007 12:47 pm

Rosey,
Dont panic, if you have a work permit that is valid till next year and you are in no breach of immigration rules.
I can't understand why they would have stamped employment prohibited.(Yes in hind sight you should have sorted it out there and then)
Either way make a appointment with BIA and go to see them in person.

paulp · Post by **paulp** » Fri Oct 26, 2007 1:12 pm

Yes, don't panic. But get in touch with the home office and try to get everything, especially from them, in writing.

Rosey · Post by **Rosey** » Fri Oct 26, 2007 10:09 pm

Immigration officcer whom is an Indian lady said to me, "IT jobs no more of shortage of skills and she had to put that particular stamp". Eventhough I know what she was doing is wrong and i didn't want to argue with her left her desk. Then & there I started crying uncontrollably and she was so happy to see my miserable situation. I wanna let you know guys & gals I am also an Indian origin so there is no facial motivated activity behind her act. but u c how it affects my life, sleepless nights and waste of my time. Unnecessarily, I have to go to home office now which I always hate......

tinux · Post by **tinux** » Fri Oct 26, 2007 10:22 pm

Rosey wrote:Immigration officcer whom is an Indian lady said to me, "IT jobs no more of shortage of skills and she had to put that particular stamp". Eventhough I know what she was doing is wrong and i didn't want to argue with her left her desk. Then & there I started crying uncontrollably and she was so happy to see my miserable situation. I wanna let you know guys & gals I am also an Indian origin so there is no facial motivated activity behind her act. but u c how it affects my life, sleepless nights and waste of my time. Unnecessarily, I have to go to home office now which I always hate......

see a solicitor and make a complaint againt that particular officier and seek compensation . no one has the right to play the law maker. those people are only following the law their personal opinion can go to where it belongs .i would say the loo on this occasion

paulp · Post by **paulp** » Fri Oct 26, 2007 10:24 pm

From your last account, it seems as if she knew exactly what she was doing and she was trying to revoke your Leave to Remain. Don't lose any sleep over it, but make sure you set everything right, especially with your ILR due next year.

I hope Victoria or Amanda can give their input on what's the best course of action here.

Rosey · Post by **Rosey** » Fri Oct 26, 2007 10:34 pm

Unfortunately, I don't know her name but still I can remember her face. In the stamp, there is a code number. From that can a solicitor find out what is the name of the immigration officer so as to claim damages?

Post by **vinny** » Fri Oct 26, 2007 11:08 pm

See also Annex 1.5 Examples of UK immigration service stamps (Immigration Officer's date stamp).

My initial thoughts were that the Immigration Officer just pressed too hard on her stamp, which accidentally made the visitors' standard conditions visible. However, from your later account, this may not have been accidental. It would be useful to see what was endorsed on your landing card.

In any event, the grounds for canceling an existing leave are limited. If she had canceled your leave, 'accidentally' or otherwise, without sufficient grounds, then I expect that she would be the one in trouble, and not you.

Rosey · Post by **Rosey** » Sat Oct 27, 2007 8:20 am

The stamp on my passport is similar to code 5N. Why I say similar to is "No recourse to public funds is missing in code 5N stamp".

avjones · Post by **avjones** » Sat Oct 27, 2007 10:32 am

Rosey - I don't think you should panic, but I do think you should get it sorted out, in case the officer has purported to cancel (wrongly) your leave.

Docterror · Post by **Docterror** » Sat Oct 27, 2007 11:49 am

Rosey, I see absolutely no reason for you to be worried now that you have already successfully entered UK. Using the boarding pass and date and flight and time, and the details used on the stamp, you can easily track the IO down and make a complaint about the whole incident and the absolute lack of knowledge displayed by the IO and the mental anguish that it brought along.

As already pointed out, noone can take the law onto themselves and unless there is substantial proof for the IO that you do not meet the conditions of your WP visa, she has no right to do what she did. Do lodge the complaint immediately, so that you can rectify the situation and to send a message to the IO that she will be held accountable for such future actions.

paulp · Post by **paulp** » Sat Oct 27, 2007 12:58 pm

Rosey, just another question. When was the expiry date of your previous WP FLR?

Rosey · Post by **Rosey** » Sat Oct 27, 2007 3:49 pm

Expiry of present FLR would be May 19, 2008

INSIDER · Post by **INSIDER** » Sun Oct 28, 2007 12:28 am

Rosey

Trust me you have nothing to worry about.Should you travel again simply point out to the IO on arrival that an error was made, don't complicate issues by alleging the IO was vindictive or the circumstances of why you were given a code 5N. Most IOs would accept your explanation given you have valid LTR. You may wish to carry a current letter from your employer confirming your employment.

Going to the Home Office would be a waste of time as what you were seeking was leave to enter. If you do wish to make a complaint then in the first instance you should contact the BIA at your port of arrival.

Which terminal did the incident occur?

Rosey · Post by **Rosey** » Sun Oct 28, 2007 9:17 am

London Heathrow, Terminal 2

Post by **vinny** » Sun Oct 28, 2007 11:49 pm

See also Chapter 5 - Employment annexes, Annex A - On entry - general guidance (9. RE-ENTRY OF PASSENGERS PREVIOUSLY GIVEN LEAVE AS PERMIT HOLDERS)

See also Port & Immigration:

TN2 - HEATHROW TERMINAL TWO
Tel: 020 8745 6875
Fax: 020 8745 6867

Perhaps you could contact the Chief Immigration Officer at Heathrow, Terminal 2, to find out exactly what conditions had been endorsed on your landing card.

immigration1 · Post by **immigration1** » Mon Oct 29, 2007 9:29 am

I'd write a complaint to the CIO (Chief Immigration Officer) or even better the HM Inspector about that IO. You should check her IO number on the stamp. As far as I know they cannot curtail your leave on that basis there and then, but I might be mistaken. In any event if they can that would be an immigration decision and hence appeal rights should follow...

INSIDER · Post by **INSIDER** » Mon Oct 29, 2007 12:58 pm

immigration1 wrote:I'd write a complaint to the CIO (Chief Immigration Officer) or even better the HM Inspector about that IO. You should check her IO number on the stamp. As far as I know they cannot curtail your leave on that basis there and then, but I might be mistaken. In any event if they can that would be an immigration decision and hence appeal rights should follow...

Absolutely, you would need to have been served with a formal refusal of entry decision(an IS82).

Post by **vinny** » Sat Nov 03, 2007 10:54 pm

You could also write a complaint to both the BIA's complaints department and the CIO at Terminal 2, Heathrow, giving the IO's number, as endorsed on the arrival stamp.

Let us know the outcome.

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IMMIGRATION OFFICER put incorrect stamp in my PASSPORT