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ILR superceded by Leave to Enter stamp?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ccdemille
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Joined: Mon Jul 21, 2014 12:29 pm

ILR superceded by Leave to Enter stamp?

Post by ccdemille » Mon Jul 21, 2014 12:38 pm

I'm an Australian who has been living in the UK since 2000. I got ILR in 2008, and subsequently married a UK citizen.

I was in Paris last September, and when I came back into the country my passport was stamped at Gare Du Nord with an incorrect stamp which was a 'leave to enter for six months with no recourse to public funds' entry stamp. I didn't notice this, I just boarded the train.

I went to Rotterdam in June and no-one mentioned it.

I returned from Italy last Thursday and at Heathrow the officer told me that this stamp I received last September effectively cancelled my ILR. I was shocked and said that I thought it was an obvious error, and she questioned me quite sternly, and eventually said she would 'let me go this time' and scrawled over the part of the stamp which indicated it was a limited entry. I asked if I should contact the Home Office to clarify and she said no.

Now I am concerned that each time I travel I will run into problems, as I've a scrawled out stamp in my passport.

Any advice appreciated.

Subtle
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Posts: 116
Joined: Wed Jan 15, 2014 3:37 pm

Re: ILR superceded by Leave to Enter stamp?

Post by Subtle » Mon Jul 21, 2014 1:27 pm

Home office recorded on their system that you have ILR so when you don't have any ID with you, it can still be proved that you have ILR by communicating with their system.

I am surprised to see that the immigration officer at Gare Du Nord could mistakenly stamp the passport with limited leave. Are you sure he didn't give any explanations for this or was it a genuine mistake?

ILR can be void if you stay out of UK for a long time. How long did you stay in Paris?
The views and opinions expressed in this post are exclusively mine and must be assumed as advice only. These do not necessarily reflect the official policy or position of any representative of the UK Home Office.

ccdemille
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Posts: 2
Joined: Mon Jul 21, 2014 12:29 pm

Re: ILR superceded by Leave to Enter stamp?

Post by ccdemille » Mon Jul 21, 2014 3:26 pm

I was in Paris for three days. I've been back to Australia for two weeks every year, but the rest has been spent in the UK.

The stamp was on the page after the ILR in my passport, which makes it even more strange. I remember going through immigration at Gare du Nord with my husband, and telling her that we had been in Paris for three days to celebrate my birthday. The usual stuff. She did not give any indication of stamping as a tourist visa. There were downpours in Paris and GdN was really chaotic.

My concern is whether I need to contact the home office to confirm this and whether I will be held up each time I am in transit. The officer at Heathrow just scribbled on it, rather than restamping or making any official marks.

Since last September I did go to Rotterdam for a night, and had no issues. Does that render the tourist visa in September invalid as I would have come back in on my ILR?

Thanks!

riz1986
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Posts: 249
Joined: Wed Nov 18, 2009 9:45 pm
Location: Loughborough

Re: ILR superceded by Leave to Enter stamp?

Post by riz1986 » Mon Jul 21, 2014 4:36 pm

Apply for BRP and transfer ur ILR on card rather than having on ur passport.

quantum1
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Re: ILR superceded by Leave to Enter stamp?

Post by quantum1 » Mon Jul 21, 2014 7:50 pm

It's not that simple. The point is ltr if given on top of ilr cancels and supercedes ilr. I don't know why they did it but you have to get them to reverse it. don't let this slide. Get it sorted asap as it will cause you problems.
The author of this post is not an immigration expert. Any statements made are commentary personal opinions and should not be construed as advice.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR superceded by Leave to Enter stamp?

Post by vinny » Tue Jul 22, 2014 12:23 am

The Immigration Officer had probably pressed too hard on his stamp. Get written confirmation from the UKVI that your ILR status remains active.
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Apparition

Re: ILR superceded by Leave to Enter stamp?

Post by Apparition » Fri Aug 01, 2014 8:39 pm

I don't see how it 'cancels' ILR, Leave to Remain would do that. Still not ideal.

In theory you could go abroad again, get Leave to Enter, enter, stay as long as you like. You could repeat this process, or obtain a Euro passport within the UK and travel/re-enter on that.

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