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ILR superceded by Leave to Enter stamp?

Posted: Mon Jul 21, 2014 12:38 pm
by ccdemille
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.

Re: ILR superceded by Leave to Enter stamp?

Posted: Mon Jul 21, 2014 1:27 pm
by Subtle
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?

Re: ILR superceded by Leave to Enter stamp?

Posted: Mon Jul 21, 2014 3:26 pm
by ccdemille
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!

Re: ILR superceded by Leave to Enter stamp?

Posted: Mon Jul 21, 2014 4:36 pm
by riz1986
Apply for BRP and transfer ur ILR on card rather than having on ur passport.

Re: ILR superceded by Leave to Enter stamp?

Posted: Mon Jul 21, 2014 7:50 pm
by quantum1
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.

Re: ILR superceded by Leave to Enter stamp?

Posted: Tue Jul 22, 2014 12:23 am
by vinny
The Immigration Officer had probably pressed too hard on his stamp. Get written confirmation from the UKVI that your ILR status remains active.

Re: ILR superceded by Leave to Enter stamp?

Posted: Fri Aug 01, 2014 8:39 pm
by Apparition
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.