ILR and missing UK entry timestamp (entered UK from Dublin)

Hello Folks,
I got one of other queries clarified in this forum. I hope to get this one too sorted out.

I came to UK(Belfast, Northern Ireland) from Dublin. The border between Republic of Ireland and Northern Ireland is not always immigration controlled.

Unfortunately, the train that I boarded didn't get immigration checked and hence, I don't have a stamp of my entry into UK on my passport.

However, I have paid taxes right from my day one in UK. My employer has also issued a letter that my employment has started on the day that I entered UK.

What is the kind of proof they may expect to prove my entry into UK when I appear in person at a PEO with my ILR application? I hope they will be able to track my tax payments through NI number. Will that be enough?

Any comments/suggestions?

I have sent this query to BIA folks. But all I got was a standard copy-paste message which missed my query by miles.

Thank you

regards
Raju

That's a strange one. Another anomaly created by the CTA. Do you still have your train ticket?

It raises interesting questions about whether you "were admitted to the united kingdom for work permit employment" in HO lingo or some people also refer to "activation" of the EC/visa.

Thanks for the reply.

I'm not quite sure what CTA is. I had work visa for Republic of Ireland (only) before coming to UK. Then I moved to UK on a separate workpermit (ofcourse, I had visa to enter UK based on the workpermit).

The visa I had for Ireland has nothing to do with the workpermit that my UK company sponsered.

Unfortunately, I don't have the train ticket. I didn't think I would stay in UK for so long when I came to UK.

The only proof I currently have is my employer and the taxes that I have paid.

When I entered UK through immigration control at Heathrow airport, I was asked how come I had been staying in UK when there was no entry record. I explained the scenario. The officer left the desk with my documents, probably to talk to his peers/superiors. He came back after nearly 15 minutes and said, "Its not your fault( having no entry stamp on my passport)" and let me in.

I'm not sure if that incident updated their records with my actual UK entry date.

Any suggestions as to what I could do/take while appearing at a PEO with my ILR application?

Thank you

regards
Raju

The CTA is the Common Travel Area between the UK and the Republic of Ireland. That entry officer was referring to the fact that you didn't have your first entry record, actually, you were never admitted into the UK as people usually are when the IO puts the first date stamp next to their EC vignette.

It was no fault of your own and the HO will have to accomodate you as far as possible but I wonder if there is any wording of the Immigration Act that requires "admission to the UK for the purpose of wp employment".

Anyway, the only thing you've got is your employer letter and they'll have to see what can be done. It wouldn't hurt to check the IDIs and the Immigration Act itself.

rajumr wrote:Hello Folks,
I got one of other queries clarified in this forum. I hope to get this one too sorted out.

I came to UK(Belfast, Northern Ireland) from Dublin. The border between Republic of Ireland and Northern Ireland is not always immigration controlled.

Unfortunately, the train that I boarded didn't get immigration checked and hence, I don't have a stamp of my entry into UK on my passport.

I was in the same situation (came to London from Dublin, worked in Dublin before getting British wp) and got my ILR without a single question - the only possible difference was that I had to register with police and I did it just 3 days after my arrival - so I at least had the registration stamp in my passport.

I also called the Home Office some time after my arrival - they told me that I could send them my original plane ticket and they would stamp my passport - I never did it so I do not know if it works in practice (even as I saved my entry ticket).

The Home Office knows about the anomaly and deals with it properly - just call them and ask what evidence they will accept from you. Phone call is better because you can ask as many questions as you want - so you can be sure that they really understand what your problem is - usually they just try to get away with standard answers...

P.S. Not sure how useful would be my ticket anyway - they managed to misspell my name on it and no dates on it included a year - just days and months.

paulp wrote:
It was no fault of your own and the HO will have to accomodate you as far as possible but I wonder if there is any wording of the Immigration Act that requires "admission to the UK for the purpose of wp employment".

I believe that British visa is "enabled" automatically when you cross Irish-British border - I saw something about it in the Home Office guides several years ago. And the visa itself has proper wordings about employment.

Thank you folks for your attempts to help me.

Despite best attempts from my company, we couldn't find my train ticket.

However, I got copies of payslips of my first 6 months in UK from my company. And ofcourse, a letter from them confirming the date of entry.

This is the best I could do/get at this moment. I shall also talk to HO over phone.

I shall update the forum with their response.

Thank you again for all advice and suggestions.

cheers
Raju

Dear rajumr,
Im in the same situation you were a year ago. Could you please let me know if you managed to get ILR and how did you prove your date of arrival into UK?

It is really important for me. Your reply will be much appreciated.

Thanks

Your employer's payslips should be sufficient proof that you were in the UK when you say you were, along with a covering letter pointing out that you entered, with the appropriate visa, from the Common Travel Area, hence there is no record of your initial arrival. It'll probably take the poor dears a while to get their heads around it, because it is a comparatively rare scenario. But they'll have to concede in the end. Did you get the visa in Dublin?

Thanks Mr Rusty
I got my visa stamped in India which is my home country. I travelled to Dublin first on business, stayed there about 2 months and then moved to UK. There is no entry/exit stamp on my first UK visa(1 year - 2005), i got it renewed and travelled outside UK on the second one. So according to my passport my first arrival into the UK is in 2007. I have P60, payslips from the year 2005-06 onwards. Any suggestions?

Thanks

i lived many years in ireland and then i moved here in the UK permanantly last year i got my visa issued from dublin i travelled through air and nobody stamp my passport. i got my ILR without any question i just mentioned the right entry date. hope everything will be fine with you. with extra protection letter from employers and and first payslips and the letter when u applied you NI number or the travel ticket must be sufficent.

Thanks rizwan,
I can get a letter from employer and first payslip but not travel ticket as i never bothered to save it ( I never thought i would live in the UK for such long time!!).

Your response certainly increased my confidence level, much appreciated.