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UK VISA Problem Need Help Unique Situation

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G_PUNK
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UK VISA Problem Need Help Unique Situation

Post by G_PUNK » Sun Jul 24, 2005 5:12 pm

Hello,
I have quite a Unique situation here. I was on a student Visa and it had expired last year in November. I returned to my home country prior to the expiration date. I returned to UK in January to sort out my home, books etc. At the immigration I initially intendent to return with a Tourist Visa. But when I approched the Immigration officer he asked me questions like wheere was is studying and what did I study, I answered him promply to his questions but was wondering why would he ask me these questions. He stamped an entry stamp next to my old student visa and let me through just like that.
I didn't really realised the stamp he has given me since the UK immigration laws changes quite rapidly. So, I thought he had given me a tourist visa.
Comparing to the stamps given to some of my visiting friends it is quite clear that he had made a mistake and assumed that I still have a valid student Visa. There is no indication as to the period of time given to me on the stamp and it is next to my Expired Student Visa.
I am curious to what would my faith be when I return next? I am also spectical to report this issue since I only have since realised it. Am I deemed illegal and when I return to UK again would I be judge as breach my conditions of stay.
I frequently travel in and out of the country and I have never gotten into any trouble or caused any either. Please Help. :(

Kayalami
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Post by Kayalami » Mon Jul 25, 2005 2:13 pm

1. What is the entry date in question?

2. When did you depart the UK after said date?

3. What is your nationality?

4. Can you describe the relevant entry stamp? Disclaimer - please exclude any number within it i.e. the IO number in the interests of the Data Protection Act.

5. Are there any wordings adjacent, over or under the stamp and if so what do they say?

G_PUNK
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Post by G_PUNK » Mon Jul 25, 2005 7:23 pm

The entry date was January 14, I have not left the country yet, just did my GMAT test for MBA in Tanaka Business School coming October.

The only number on the stamp is the officer number (this is the common stamp with is given when you already have a VISA and they just stampt it when you come in and out of the country during the welcome period.

I am commonwealth natioanlity(singaporean) , and there are no words adjecent to the stamp.

Like I mention ealier, he officer must have seen my previous VISA and assumed that it was still valid because the number above the given date ended with an 05(this year) and at a glace it may seem I have a visa till end of this year.

John
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Post by John » Mon Jul 25, 2005 7:59 pm

Given that you are Singaporean, and therefore not a visa national, you would not need a visa to enter the UK as a visitor. But would need a visa to enter for any other purpose. Accordingly, in the absence of a valid visa I think you have entered the UK as a visitor.

That is what I suspect has happened. Do you think that is right Kayalami?
John

Kayalami
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Post by Kayalami » Tue Jul 26, 2005 11:50 am

G_PUNK wrote:I have quite a Unique situation here. I was on a student Visa and it had expired last year in November.
G_PUNK wrote:There is no indication as to the period of time given to me on the stamp and it is next to my Expired Student Visa.
G_PUNK wrote:Like I mention ealier, he officer must have seen my previous VISA and assumed that it was still valid because the number above the given date ended with an 05(this year) and at a glace it may seem I have a visa till end of this year.
It would be useful to have some factual consistency - you say there is no indication as to the time period (quote 2) then mention 05 in quote 3. Are you refering to the latest stamp (entry on 14 Jan 2005) as having only 05 as visible on the date field?

G_PUNK
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Post by G_PUNK » Wed Jul 27, 2005 12:18 am

Hello,
On quite three i did mention that 05 above the given date. When I got the previous student visa,there was a number writen above the date and the number ended with an 05 ( I do not want to write to whole number due to the Data Protection Act), so like I said at a glance it would seem like the date would end on 05, however when looked closely the Visa number ended with an O5 and the Visa expiration date was last year november.

I left before it ended and returned to UK on 14 January, where the officer stampted the new stamp without indicating my time period. Like I said he asked me questions like I was a student when I was clearly returning as a visitor. He also didn't ask me any questions as to how long will I stay for and so forth. He just took less than 30 seconds to let me through.He stamped next to my old Visa. That is my situation. I think he assumed my previous visa was valid or he forgot its a new year (2005). I just didn't want to inform the Immigration nows and ask help as they might say I may have deceive them (they never blame themselves) for I have not. Was just wondering would this affect my future return to UK?

John
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Post by John » Wed Jul 27, 2005 8:01 am

I think he assumed my previous visa was valid
.... or as I said on Monday, he admitted you as a visitor! After all, you are a non-visa national, that is, you do not require a visa to enter the UK as a visitor.

As you last arrived in the UK on 14th January, that is, over six months ago, I fear you are now in breach of your entry conditions and should leave the UK immediately.
John

Kayalami
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Post by Kayalami » Wed Jul 27, 2005 12:22 pm

G_PUNK,

Concur with John that you have been landed as a visitor on 14 Jan 2005. I deduce from your description that the 05 you quote (adjacent to the student visa) is part of the alpha numeric arrival number on entry as a student. In any case an amendment to the 1988 Immigration Act states that where an IO does not annotate your passport with applicable conditions be it as an error or based on responses (and you are not settled = ILR/ILE) then you are deemed admitted for 6 months as a visitor.

Your clock run out 14 July 2005. You best depart the UK at the earliest opportunity given that you intend to return as a student. You will need prior entry clearance being part of the initial cohort of 10 non visa national countries who now need a visa for entry in the UK for more than 6 months as an MBA would be. Overstaying as you have may appropriately indicate to the ECO in Singapore that you do not adhere to landing conditions and may not leave the UK after completion of your studies.

I hope that helps.

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Post by G_PUNK » Thu Jul 28, 2005 12:20 am

Hello,
It is strange that they didn't stampt a stamp which indicates the period time. When i return to singapore I don't get a stamp upon my entry to indicate my return. Will the authorities know since you say I have breach my conditions of stay.
If I had known, I would have flown out to Europe and returned with a new stamp. I am wanting to return but I on a waiting list, and a confirm flight is only next weekend. What are my chances of return being vindicated of this breach ? Thank You people.

Kayalami
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Post by Kayalami » Fri Jul 29, 2005 9:57 am

Hello,
It is strange that they didn't stampt a stamp which indicates the period time. When i return to singapore I don't get a stamp upon my entry to indicate my return. Will the authorities know since you say I have breach my conditions of stay.
With respect you have resided in the UK before and are aware of at least the basic entry conditions. Out of interest why has this become an issue at the 6 month mark?
If I had known, I would have flown out to Europe and returned with a new stamp.
Why would you do this? Did you not recently have 6 months to organise your affairs? How does this fit into the pattern of a genuine visitor?
I am wanting to return but I on a waiting list, and a confirm flight is only next weekend. What are my chances of return being vindicated of this breach ? Thank You people.
Should not be a major issue given recent developments in London. Re-introduced (random and of finite period) exit checks mentioned in other posts here are targeted at suspects in said events not public at large. Don't miss your flight and have a safe trip.

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