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ILR free from immigration?

General UK immigration & work permits; don't post job search or family related topics!

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garywitham
Newly Registered
Posts: 4
Joined: Fri Mar 30, 2007 8:51 am

ILR free from immigration?

Post by garywitham » Mon Dec 03, 2007 10:33 pm

Hi all
I'm new here so am probably asking questions that have been raised before. My wife now has ILR, I have read that this now means she is free from immigration control, does this mean she can now go through the EU channel? Can immigration officials still question her? Does she have the same rights as me when entering the UK?
many thanks.

Decus et Tutamen
Junior Member
Posts: 53
Joined: Mon Nov 19, 2007 3:35 pm

Post by Decus et Tutamen » Mon Dec 03, 2007 10:39 pm

Gary,

Your wife is still subject to immigration control, but has no conditions governing her stay. She can only lose the ILR if she spends more than two years outside the UK or if she ever seeks entry for a purpose other than to resume her residence.

The BIA apparently has a policy of not splitting up families, so, yes, approach the IO on the EU channel and request him to see you and your wife simultaneously.

garywitham
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Posts: 4
Joined: Fri Mar 30, 2007 8:51 am

Post by garywitham » Mon Dec 03, 2007 10:46 pm

Decus et Tutamen wrote:Gary,

The BIA apparently has a policy of not splitting up families, so, yes, approach the IO on the EU channel and request him to see you and your wife simultaneously.
Thanks for your reply, what if she goes through immigration without me? Hasn't happened yet, can she still go through EU channel?

Thanks Gary.

Decus et Tutamen
Junior Member
Posts: 53
Joined: Mon Nov 19, 2007 3:35 pm

Post by Decus et Tutamen » Mon Dec 03, 2007 10:51 pm

There's no harm in her politely asking the IO on the EU desk. The worst that will happen is they say no and she has to move round to the "others" queue.

By the way, now that IOs are under instructions to swipe/scan every British/EU passport, going through the "others" can be quicker.

INSIDER
Member
Posts: 193
Joined: Thu Sep 13, 2007 12:13 am

Post by INSIDER » Mon Dec 03, 2007 10:52 pm

If you are travelling together it would be very rare for an Immigration Officer to refuse to see you both at the EU control. If however she was travelling alone then she would be expected to use either the returning residents queue or the others queue.

In all cases she would still be expected to complete a landing card.

garywitham
Newly Registered
Posts: 4
Joined: Fri Mar 30, 2007 8:51 am

Post by garywitham » Mon Dec 03, 2007 11:03 pm

Sorry to be a pain, but what constitutes 'seeking entry other than resuming residence'

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

ILR free from immigration?

Post by vinny » Tue Dec 04, 2007 1:16 am

garywitham wrote:Sorry to be a pain, but what constitutes 'seeking entry other than resuming residence'
See also 20.1 - Those who qualify:
is seeking admission for the purpose of settlement (as opposed to a short visit)
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.

try-one
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Posts: 427
Joined: Fri Sep 24, 2004 1:57 pm
Location: London

Post by try-one » Tue Dec 04, 2007 12:08 pm

based on her nationality she may need a visa for france/schenguen nations.
-------------------------
Life is a journey, not a destination (S. Tyler)

ismangil
Member
Posts: 128
Joined: Tue Aug 22, 2006 1:17 pm
Location: Sheffield, UK

Post by ismangil » Sat Dec 08, 2007 10:54 pm

try-one wrote:based on her nationality she may need a visa for france/schenguen nations.
Which is a HUGE incentive to get naturalised ASAP :)
Perry Ismangil

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