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Habitual Residence Proof OF ILR Nightmare

Questions and discussions about claiming benefits while living and working in the UK

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Mara1507
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Joined: Sat Mar 17, 2018 9:22 am

Habitual Residence Proof OF ILR Nightmare

Post by Mara1507 » Sat Mar 17, 2018 9:29 am

I have three dependant children. I am American, and have resided in this country since 1983. I was 13 when I moved here with my mother who married a British Man and also was granted ILR. I was granted Indefinite Leave to Remain at that time. I have not left the country for any more than the odd rare holiday. Have been married then divorced...

I was given a photocopy ILR letter in 1983 age 13 and yes a stamp in a Passport. Since this date 34 years ago. The passport is no longer in existence. We have had one large house fire in 1986 in Middlesex, however I am not sure if this is when it may have been lost or it has been lost in time. It was never queried when I had holidays, Always it was just stamped VIPP (Verified in Previous Passport). I never renewed the stamp as it was not necessary and it was so much money.

I worked many years, paid my taxes. However, I fell on very bad times and was in a terrible marriage and was a victim of domestic violence.

I am now ill and trying to claim ESA. I have been told that they are running Home Office Checks as they do not accept I have Indefinte Leave. This is ludicrous. Unfortunately the home office have destroyed all paperwork! I have now sent all my info to the Biometric Card Office in the hope of a card - but am completely lost -- I do not know what I will do... this is crazy. I will lose all tax credits and Housing help..

They also claim my paper letter is not admissible as proof of ILR as it has no reference number yet it is all we were given?!

I do not know what I will do.

Please can anyone advise? Thank you x

vinny
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Posts: 32779
Joined: Tue Sep 25, 2007 7:58 pm

Re: Habitual Residence Proof OF ILR Nightmare

Post by vinny » Sat Mar 17, 2018 10:37 am

Unfortunately, it's true.

Do you have any passports with the endorsement Image
that states "Given Indefinite Leave to Enter the United Kingdom" or similar?

Any photocopies of passports?

Doesn't the ILR letter that you have contain a Home Office Reference? It should have the Home Office date stamp with the caseworker's id number, etc.

Image

If you are employed, then your employers should have proof of your ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Mara1507
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Posts: 4
Joined: Sat Mar 17, 2018 9:22 am

Re: Habitual Residence Proof OF ILR Nightmare

Post by Mara1507 » Sat Mar 17, 2018 5:41 pm

My Home office letter has no references like the one shown - it is dated 1983 and is very non specific. I have sent off my passports now to Biometric Residence Card and I think may have the smaller stamp - now that I see that one, but cannot be sure

Mara1507
Newly Registered
Posts: 4
Joined: Sat Mar 17, 2018 9:22 am

Re: Habitual Residence Proof OF ILR Nightmare

Post by Mara1507 » Sat Mar 17, 2018 5:42 pm

What proof would previous employers have of ILR? Thank you

Superdeviant
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United States of America

Re: Habitual Residence Proof OF ILR Nightmare

Post by Superdeviant » Sat Oct 27, 2018 7:42 am

I’m following this with interest. I was born in the USA and settled as a child with my British born mother around 1979. Around this time I have passports with the old style wet ink stamps showing indefinite leave to enter the UK. The most recent of these is stamped in to an expired passport in 2009.

However when I tried to renew my sons British passport recently using my settled status (ILE) the passport office have said they have no record of me.

This I’m told is windrush (Non Commonwealth settled between 1973 - 1988).

I’ve now contacted the Windrush Taskforce with photo copies of my old ILR wet stamps.

I’ve always traveled on the expired passport with the ILE stamp in and my current one but now I’m concerned.

Can anyone shed light on this please?

vinny
Moderator
Posts: 32779
Joined: Tue Sep 25, 2007 7:58 pm

Re: Habitual Residence Proof OF ILR Nightmare

Post by vinny » Wed Oct 31, 2018 2:04 am

Unfortunately, they periodically destroy records. Hence, Windrush nightmares.

However, as child’s British passport is valid for only five years, I’m surprised that, when renewing it, they don’t have any record of it nor of you.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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