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ILR : How did HO known the days spent outside UK

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larry
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ILR : How did HO known the days spent outside UK

Post by larry » Sat Mar 28, 2009 5:07 pm

Hi, I will be qualifying for ILR on 5 years Workpermit and HSMP resident. However, I am not sure if I 've spent more than the allowed days outside the uk since I travel out alot for family reasons and also visited alot of other countries for personal reasons.

I requested for my SAR file and nothing in it shows my in or out of the UK.
Also my passport was never stamped anytime I'm travelling outside the UK.
If I apply for ILR, how will HO knows if I've spent more than the required days outside UK?

Regards

ricky
Junior Member
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Post by ricky » Sat Mar 28, 2009 5:33 pm

i think they just check stamps on your passport if you don t have any
they won t know unless they have a huge crystal ball in a big safe somewhere spying on everyone :lol:

larry
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Joined: Tue Mar 01, 2005 4:12 pm

Post by larry » Sat Mar 28, 2009 9:40 pm

I guess they will hardly know from the stamps on my passport. Immigration Officer never stamp my passport when leaving the UK, they only stamp it when entering. Thanks Ricky for your response.

parvus1202
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Post by parvus1202 » Sat Mar 28, 2009 11:20 pm

Even when your passport was not stamped on your way out, it was scanned by the immigration and also when you checked in at the the counter when you check in your baggage. Just one check in their computer, they know all your ins and outs.

paulp
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Post by paulp » Sun Mar 29, 2009 9:01 am

Didn't you get stamps when you arrived at your foreign destination? The HO will use those.

UKBAbble
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Post by UKBAbble » Sun Mar 29, 2009 9:16 am

parvus1202 wrote:Just one check in their computer, they know all your ins and outs.
Not true.

larry
Newbie
Posts: 39
Joined: Tue Mar 01, 2005 4:12 pm

Post by larry » Sun Mar 29, 2009 9:22 am

Hi Parvus, I'm not sure if Immigration Office scanned my passport on my way out but the check-in is usually done by airline staff and not HO. Getting such information from them may not be that easy due to data protection.

UKAbble, can you please explain further on what you know?

Mr Rusty
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Post by Mr Rusty » Sun Mar 29, 2009 9:28 am

Just make an honest application and stop trying to second-guess the system.

larry
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Joined: Tue Mar 01, 2005 4:12 pm

Post by larry » Sun Mar 29, 2009 10:08 am

Thanks Mr Rusty but why should I make honest application when the HO is not honest with us? They keep changing the rules and apply them retrospective. Thanks to JR of April 2008.

I don't want to go out of the topic so any experience on the subject matter is highly appreciated.

UKBAbble
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Location: Berkshire

Post by UKBAbble » Sun Mar 29, 2009 10:11 am

larry wrote:

UKAbble, can you please explain further on what you know?
Just that UKBA do not access airline check-in information for the purposes you ask - at least not at the present time.

f2k
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Location: London

Post by f2k » Sun Mar 29, 2009 3:57 pm

larry wrote:Thanks Mr Rusty but why should I make honest application when the HO is not honest with us? They keep changing the rules and apply them retrospective. Thanks to JR of April 2008.

I don't want to go out of the topic so any experience on the subject matter is highly appreciated.
Whats an SAR file? I have heard it mentioned b4 but never got to know what it is.

Anyway back to your matter, we need to be honest to HO because we if we are not then the consequences can really be severe and you could say say rightly so. From the stamps in your passports for the countries you have visited you should be able to tell when you were out, also the stamps when you returned may lead you into trouble if you are not careful
Last edited by f2k on Sun Mar 29, 2009 5:57 pm, edited 1 time in total.

1963British
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Post by 1963British » Sun Mar 29, 2009 5:45 pm

First off, you need to be truthful no matter what your opinion of the HO is.

It sounds from your efforts that maybe, because of lack of stamps, you do not know what dates you were in or out of the country.

So what do you do?

Try to re-assemble your travel records using the best possible personal effort.

Since the SAR failed, look at your credit card receipts. If you do not those for all the years, then look at a diary, if you do not have one then all you can do is estimate.

Because you have been outside the UK, failure to list the absensces will be perjury and if you are ever caught, all your good effort will be for nothing.

Just list your absences to the very best of your availability. If that is incorrect and the HO questions you, then just explain.

davidm
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Post by davidm » Sun Mar 29, 2009 6:15 pm

When I applied for naturalisation (at that time I did not need to record absenses from the UK for getting ILR), I calculated all my days away by matching UK entry stamps and entry stamps to other destinations. In many cases I only had UK entry stamps, and to make things worse my passport was not stamped on entry to the UK from 2001 onwards when I had a UK work permit. I estimated the total days away from the UK to be 400 in the 5 year period, and added another 150-200 days extra for days away from the UK as I could not account for all my days away- I could not match all UK entry stamps and with my entry stamps to other countries. I gave an explanation and a letter from my employer that I had to travel on work a lot. My total absenses were thus around 600 in the 5 year period and I did not have any problems with naturalisation.

Sky_High
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Post by Sky_High » Sun Mar 29, 2009 6:59 pm

Although I am not expert of this but my personal experience is that whenever I re-entered the UK , immigration officer stamped the passport. Every time they also asked how long I have been outside the UK. I am 100% sure that they entered my answer on the system. So they know how many times you ntered the country.

PaulM
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Post by PaulM » Mon Mar 30, 2009 2:22 am

What happens if one has registered with IRIS and therefore there are no stamps etc?

parvus1202
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Post by parvus1202 » Mon Mar 30, 2009 7:29 am

Passport is always scanned by the immigration. They need to make sure the passport is authentic, the holder is the same person and every scan is recorded. It is against the law to let you travel with fake passport. So make sure you know when you left and enter the UK. Any false statement will jeopardize your chances.

gorajim
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Location: London

Post by gorajim » Mon Mar 30, 2009 10:39 am

Well, the onus is always on the applicant to tell the truth. When you sign section 10 (declaration), any false claims can amount to perjury and be used to your disadvantage.

Also, note that the form also asks to list any convictions one may have had - to my mind, such questions are two-dimensional: 1. informs if you do have convictions/determines your travel records, and, 2. determines if you are actually telling the truth. In other words, provides them with another dimension to reject your application (either right-away or in future).

Hence, play it safe... true to what you sign in the declaration, the information you provide should be "true to the best of your knowledge".

The same applied for IRIS scans - the info is with them always... how well your statement matches that info determines how truthful you are.

Cheers.

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