need advice - passport stamped on the second entry not first

Hi All

Applying for ILR in Nov'11 and need some advice, as I fear I may have some problems because my passport was stamped on a wrong entry

Here is the summary of my case

- first entry to UK on HSMP visa on 28/11/06 - port of entry Heathrow, no stamp in my passport, no landing card asked. Two officers just looked into my passport before I took another flight from London to Newcastle.

- a week later took a flight to Portugal for a short holiday and came back to UK on 16/12/06 - port of entry Newcastle, and this is when my passport was stamped. When I asked the officer why she stamped my passport, she told me because it was my first entry. She then told me not to worry, as it doesn't really matter if that was not my first entry indeed.

- in 2007, applied for extension and my HSMP visa now expires on 15 Nov 2011.

The problem is that I didn't keep my air tickets or anything similar to prove my entry to UK on 28/11/06. I requested SAR and in their files they have info that my first entry was on 16/12 via Newcastle.

The only proof I have is the mention of my correct date/port of entry on the police registration certificate. Also, I found within the SAR, a paper where it says that my first entry was on 16/12, however, they also have their the correct number of my police registration, (which I didn't received by that time, but they apparently already had the info in their system). The police registration was issued on 14/12, which is obviously before my "official" first entry. I assume, that is a second proof that I was in the country before the 16/12.

My only option is to prove that I entered UK on 28/11. Otherwise, the earliest I can apply for ILR, based on their info that I came to UK on 16/12 is 18/11/11 and my visa expires on 15/11/11

I would really appreciate some advice/or shared experience, as I am not sure of
- how big of a problem that could be to prove, considering the info I have
- when is the best date to apply (I intend to apply by post)
- would it be safer to apply using a solicitor's services (which I did on previous occasions, but I have doubts now only due to financial problems)

Thank you!

Assuming 16/12/2006 was less than 3 months since you were granted entry clearance as HSMP migrant, you may apply for settlement before your current leave expires.
See FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders

Thanks for info. I also read the the pdf file "ILR– calculating continuous period in UK" from the HO website. However, I am not really assured by their statement "Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months." As if he may or may not...

Has anyone had similar experiences and what was the outcome?

I'm trying to figure out if that is a big issue and if should use a solicitor for my services or I am safe to apply myself as other than that, I think my case is pretty much straighforward

Thanks again, sushdmehta!

P.S. forgot to confirm that my visa was issued on 15/11/06 which is less than three months before 16/12/06

See ILR success in Corydon 01.07.2011 , HSMP JR , 4 days short

You're brilliant! Thank you!

Hi
Can I just double check if this law regarding entering UK within 3 months of the entry visa being issued covers HSMP holders as well? (A solicitor I spoke to recently said that he knows that it covers the WP holders, but not sure about the HSMP ones)
So, I'm just double checking again
thank you