ILR - passport stamps question

[yarons]

Hello,

I've been in the UK under workpermit and HSMP for 4 years now which means I'll be able to apply for the ILR in about 11 months.
I know that you have to declare time spent outside the UK during those years which i can easily provide and i comply with the requirements. I am wondering about a possible problem with my passport stamps - I have recently came back from holiday, i had a connection flight back to the UK via Vienna on 1/1/08. Passport control in Vienna airport stamped my passport in and out as I needed to go through them to get to my gate. However, the official signing my "out" stamp made a mistake and stamped the date 1/12/08 instead of 1/1/08. Obviously, she forgot to change the month from the previous day.
When getting the ILR, do they check passport stamps? obviously, i won't declare being out of the UK on that date but my passport can tell a different and untrue story as if i left Vienna on 1/12/08.

Am I being paranoid here?

Thanks in advance for your help.

[Wanderer]

Keep you flight ticket stubs just in case!

[yarons]

Keep you flight ticket stubs just in case!

I've kept my e-ticket with the dates and also there's my stamp entering the UK on 1/1/08 but i still can't change that 1/12/08 "out" Vienna stamp.
I even thought of replacing my passport or actually take a short holiday in 11 months planning the return on 1/12/08.
Please someone tell me i'm nuts.

[Christophe]

Were you stamped into the UK? If so, there won't be a problem for that the date, 1 January 2008, since the people at the BIA/Home Office will take more notice of the UK stamps than of foreign stamps. As noted above, though, keep the stub of your ticked/boarding card (though that won't have the year on it, probably), and your itinerary if you had an official copy. Also, keep anything else that will support the fact that you have been here during this year (payslips, of course, print-outs from ATMs at banks, credit card bills showing purchases made in the UK, etc). In particular, if you can't apply for ILR before 1 December 2008, keep evidence that you're in the UK around that date (before it particularly, I guess).

Having said all of that it's my guess that it won't cause a problem.

[yarons]

Were you stamped into the UK? If so, there won't be a problem for that the date, 1 January 2008, since the people at the BIA/Home Office will take more notice of the UK stamps than of foreign stamps. As noted above, though, keep the stub of your ticked/boarding card (though that won't have the year on it, probably), and your itinerary if you had an official copy. Also, keep anything else that will support the fact that you have been here during this year (payslips, of course, print-outs from ATMs at banks, credit card bills showing purchases made in the UK, etc). In particular, if you can't apply for ILR before 1 December 2008, keep evidence that you're in the UK around that date (before it particularly, I guess).

Having said all of that it's my guess that it won't cause a problem.

Thanks for the advice. Obviously, I will have evidence and proof of address during this year (payslips, bank statements etc). I am less worried about them thinking i've spent a year outside the UK and more about the possibility they'll think i was trying to lie by not declaring being outside the UK around 1/12/08. My case would be the absence of a UK stamp around that date. is that enough, you think?

[Christophe]

I am less worried about them thinking i've spent a year outside the UK and more about the possibility they'll think i was trying to lie by not declaring being outside the UK around 1/12/08. My case would be the absence of a UK stamp around that date. is that enough, you think?

I do think that is enough.

Make sure you do transactions around that time that you could only do if you were in the UK (buy things at shops with a credit card; withdraw money from a bank machine of high-street bank branches; even perhaps, if you're still really worried by then, ask your employer to write a letter confirming that you've been at work during November/December 2008.

Going on a short holiday during the year would I suppose give you further stamps, but would it actually clarify the situation?

As I said, I don't think you need to worry. And I don't think that the HO people will be particularly concerned about another country's stamps: after all, some countries don't stamp anyone, either in or out, so they can hardly rely on foreign stamps to tell the story anyway.

[yarons]

I am less worried about them thinking i've spent a year outside the UK and more about the possibility they'll think i was trying to lie by not declaring being outside the UK around 1/12/08. My case would be the absence of a UK stamp around that date. is that enough, you think?

I do think that is enough.

Make sure you do transactions around that time that you could only do if you were in the UK (buy things at shops with a credit card; withdraw money from a bank machine of high-street bank branches; even perhaps, if you're still really worried by then, ask your employer to write a letter confirming that you've been at work during November/December 2008.

Going on a short holiday during the year would I suppose give you further stamps, but would it actually clarify the situation?

As I said, I don't think you need to worry. And I don't think that the HO people will be particularly concerned about another country's stamps: after all, some countries don't stamp anyone, either in or out, so they can hardly rely on foreign stamps to tell the story anyway.

You are right. Thanks for the good advice

[SYH]

I wouldn't worry about it.
Like said previously, you have a stamp entering the UK so that clocks you back in.
My current passport I have had for almost 10 years and it has so many stamps that there is no way BIA is looking at all the stamps. On top of it I have had to put additional pages in it. When I applied for ILR, it was a harrowing experience looking at all the stamps to figure out what my absences were. There was one stamp that showed me entering a foreign country while BIA was processing my passport for extension. Clearly a mistake and I couldn't figure what trip that was for to even put on the absences page, this stamp is incorrectly stamped this date when it is for another date. I had a couple of others that I couldn't tell the date or even what country it was for so I just didn't declare it. I think BIA looks at the total picture. Are you under 180 days, around 180 days or massively over 180 days that they would want to know the quality of each trip outside the UK. I was around 180 days and I painstakingly provided a detailed excel spreadsheet of each trip date with country and purpose and tallied up all the absences. I think that went a long way and they didn't think twice about checking the stamps and balking at the number of absences as I was approved in about 2-3 weeks. I even reported being in the UK when I was transiting through from one country to another because I was in transit but I was in the UK and I could prove it so the passport is just supporting evidence it isn't the only basis you can state when and how long you were in the UK.

[yarons]

I wouldn't worry about it.
Like said previously, you have a stamp entering the UK so that clocks you back in.
My current passport I have had for almost 10 years and it has so many stamps that there is no way BIA is looking at all the stamps. On top of it I have had to put additional pages in it. When I applied for ILR, it was a harrowing experience looking at all the stamps to figure out what my absences were. There was one stamp that showed me entering a foreign country while BIA was processing my passport for extension. Clearly a mistake and I couldn't figure what trip that was for to even put on the absences page, this stamp is incorrectly stamped this date when it is for another date. I had a couple of others that I couldn't tell the date or even what country it was for so I just didn't declare it. I think BIA looks at the total picture. Are you under 180 days, around 180 days or massively over 180 days that they would want to know the quality of each trip outside the UK. I was around 180 days and I painstakingly provided a detailed excel spreadsheet of each trip date with country and purpose and tallied up all the absences. I think that went a long way and they didn't think twice about checking the stamps and balking at the number of absences as I was approved in about 2-3 weeks. I even reported being in the UK when I was transiting through from one country to another because I was in transit but I was in the UK and I could prove it so the passport is just supporting evidence it isn't the only basis you can state when and how long you were in the UK.

In that case, what do they rely on to verify that your absence record is correct? if not the passport, do they have other means of confirming what you declared is true? hard to believe they would just trust people to tell the truth.
I have just renewed my passport so not a lot of stamps in there. actually all i have are those 2 Vienna stamps and the UK entry for the same trip. I'm not planning any trips before the ILR so it will really look obvious to them.

[Wanderer]

As an aside how did u like Vienna? I found it slightly grim....

[Christophe]

yarons, I know it's easy for me to sit here and say this, but I do think you're worrying unnecessarily. You are not going to be denied ILR when the time comes because of a wrong stamp put in your passport by an Austrian passport control officer. As SYH said above, the HO are interested in the whole picture, and from what you say, it sounds as if there will be no question that you have fulfilled the criteria for being in the UK. If you're employed and/or have other proof that you've been in the UK during the time in question, you have even less to worry about.

When exactly will you be able to make your application for ILR?

[yarons]

As an aside how did u like Vienna? I found it slightly grim....

That's the absurd thing - I haven't actually been there. Just had to go through passport control to get to my connection flight

[yarons]

yarons, I know it's easy for me to sit here and say this, but I do think you're worrying unnecessarily. You are not going to be denied ILR when the time comes because of a wrong stamp put in your passport by an Austrian passport control officer. As SYH said above, the HO are interested in the whole picture, and from what you say, it sounds as if there will be no question that you have fulfilled the criteria for being in the UK. If you're employed and/or have other proof that you've been in the UK during the time in question, you have even less to worry about.

When exactly will you be able to make your application for ILR?

Yes. I know you are right. I just don't want to leave nothing for chance. I'll be able to apply for the ILR in a year (Feb 2009).
I am employed and I have all the proof needed just don't want surprises over such a silly thing.
On the same subject - I know this is all premature but it got me thinking - what evidence/documents do one need to provide for ILR application?

[Christophe]

Hi yarons!

General information about ILR (which you've probably seen before) can be found on the BIA website at http://www.bia.homeoffice.gov.uk/ukresi ... ettlement/.

The form and the guide to the form can be found at http://www.bia.homeoffice.gov.uk/ukresi ... formset(o).

[SYH]

In that case, what do they rely on to verify that your absence record is correct? if not the passport, do they have other means of confirming what you declared is true? hard to believe they would just trust people to tell the truth.
I have just renewed my passport so not a lot of stamps in there. actually all i have are those 2 Vienna stamps and the UK entry for the same trip. I'm not planning any trips before the ILR so it will really look obvious to them.

They rely on you but don't think they are stupid. People get into trouble when they try to exagerate like the dodo who said he made an exorbitant amount of money so they checked his employer who denied it. So if they look at your passport and they see a lot of stamps, it will be prety stupid to say I was only out of the uk for two weeks. Then they are going to go through it with a fine tooth comb.
You will have to provide your previous passports but what I am getting at is that a stray stamp here and there is not going to be fatal.