BRP Expiry Leave to Enter as Returning Resident

[Bartley]

HI,

I was granted Leave to Enter as Returning Resident from 15/11/2016 to 15/11/2018. My BRP card simply states Leave to Enter and work permitted.

In October before my card expired, I phoned the Home Office line and asked for advice on what I needed to do. They told me to apply for a new BRP card. I did this and then received a letter stating that I need to apply for further leave.

I then went to a Immigration Lawyer as I was very confused and they then applied for a No Time Limit visa, as they stated I had been given Leave to Enter as a Returning Resident, and there is no correct form to apply for further leave.

I paid £600 for a 24 hour answer and this too has come back stating that I need to apply for further leave. My lawyer is saying that she does not understand how I actually do this as there is no correct form for a Returning Resident to submit this application, and is now not answering my calls!

I need help as my BRP expired 15/11/2018 and I am unable to travel with my family. I am in the UK with my two teenage children (who are British, both born here) who attend schools here and live with me. My British husband lives and works in Dubai and comes back every 4-6 weeks.

Help!
Derryn

[CR001]

What is your full UK immigration history and how did you qualify to apply for a returning resident vignette??

[Bartley]

I married my British husband 18/01/97 and I was granted to Leave to Remain 13/01/98. I lived here with my husband until October 2003, when we moved to Dubai with his job.

I applied for Leave to Enter from Dubai, and this was granted and I have a vignette in passport. I had 10 days to collect my BRP card, which I did, and that expired 15/11/2016.

[Bartley]

My husband was also back in the UK at the same time I returned, but he has since gone back to Dubai with work.

[vinny]

I was granted Leave to Enter as Returning Resident from 15/11/2016 to 15/11/2018.

Did the visa endorsement include the word “Indefinite”, as in “Indefinite Leave to Enter”?

[Bartley]

No, just Leave to Enter as Returning Resident from 15/11/16 to 15/11/18.

[vinny]

Ask them to correct the endorsement.

Then apply for NTL, if necessary.

[Bartley]

I'm not sure that I understand. The endorsement is on the original letter I received before entering from Dubai. Is that correct?

[vinny]

The endorsement should have been “Indefinite Leave to Enter”, or similar, instead of “Leave to Enter as a returning resident”.

[vinny]

My guess is that the incorrect wording of the visa endorsement had confused everyone.

[Bartley]

Thank you so much. I feel like I've been getting nowhere with this for ages.

So do you suggest that I write to the Home Office here in the UK and simply state the facts that I have Told you?

The lawyer did forward a covering letter with the NTL application that she submitted, and she stated that she thought that I should have been given 10 years when entering in November 2016. They still came back from that stating I needed to apply for further leave. Do I need to be more specific and say that my understanding is that I should have been given Indefinite Leave to Enter?

[vinny]

Yes. The normal visa Endorsement for a returning resident should contain the code “ILE” or “Indefinite Leave to Enter”. When issued under paragraph 19, then it’s normally valid for six months, etc!

The endorsement mistakes had probably confused everyone.

[Bartley]

Thank you once again.

I will write to them and include a copy of my original Indefinte Leave to Remain and a copy of the Endorsement issued from Dubai, and ask them to review the Leave to Enter.

[vinny]

Yes. Ask them to correct the endorsement appropriately.

[Bartley]

Will do, thanks

[Bartley]

What address do I use? My replies have from the Returns Unit, P O box 163, Bristol.

[vinny]

It seems to be more complicated. They expected you to notify them of the errors within 3 months of arrival. After that, they expect you to vary your leave. But how would you vary leave that was supposed to be indefinite? They had refused your NTL application. Moreover, no one had questioned that their visa endorsement had errors.

Email EntryClearance.Errors@fco.gsi.gov.uk with explanations and scans of your visa endorsement and documents, etc. Explain your situation. Ask them to help you. As it was the ECO’s mistakes, it would be disproportionate to charge you for correcting these mistakes.

[Bartley]

Okay, will give it a go!

[Bartley]

Sorry. just another couple of questions.

1. Am I currently considered to be an overstayer?
2. Can I leave the country or will this cause major problems when returning.

[vinny]

1. A returning resident is supposed to have indefinite leave to enter. Therefore, cannot overstay.
2. However, the endorsement errors omitted the word “indefinite” and thereby apparently gave you limited leave! Major problems, with or without traveling.

[Bartley]

Hi Vinny,
I have just received my new BRP card after emailing the Visa errors department, as recommended by you. I just want to say a huge thank you to you for figuring out my endorsement error and pointing me in the right direction. I can't thank you enough!

[vinny]

Congratulations! Great news. Thank you for informing us of the outcome.

[seagul]

Vinny is a real champ