Forgot to bring ILR passport on holiday

[IndianaBlues]

Hi, my wife has had an ILR in her old US passport since 2007, since then it's expired and she's carried both old and new... Until yesterday when I forgot to pack her old one and we set off for Portugal. I've tried looking at the UKVI website and calling the number listed there but none of the options remotely cover anyone who already has a visa, can anyone recommend what we need to do? We're traveling back on Monday evening if that makes a difference.

[Casa]

Is she still travelling on a US passport?

[CR001]

In addition to Casa's question, if she is travelling on her US passport, whatever you do, DO NOT let the IO stamp her in as a visitor under any circumstances as this will invalidate her ILR.

[IndianaBlues]

Thanks both, yes she travels on her US passport...

[Casa]

In which case the airline should allow her to board but as CR001 has advised, do ensure that the IO at the UK port of entry doesn't stamp her in as a visitor.

[IndianaBlues]

Thanks for the swift replies, presumably they'll be able to look it up somewhere on their systems when we pass through immigration? Luckily we don't arrive until midnight so hopefully it won't be too busy...

[CR001]

Is there anyone who could meet you at the airport with the other passport?

[IndianaBlues]

I'm looking into that, it depends on if our letting agent has a spare key that my parents can borrow. Worst case we could fly in then I drive the 4 hour round trip to go fetch it.

[noajthan]

Worst case is wife loses ILR.

See if you can get to a Fado (music) bar whilst in Portugal - an interesting (and enjoyable) cultural experience.

[Casa]

Have a look at my case

If you continue to post this message in other members threads where it has absolutely no relevance, your membership will be terminated.

[Obie]

Guys please educate me, I don't understand how a visitors stamp will invalidate the an ILR.

I was always under the view that only a decision of the Secretary of State to deport a person and issue a deportation order, or a decision taken to revoke an ILR, can invalidate an ILR.

Furthermore OP will have to deliberately deceive immigration officer for him to be given a visitor's entry.

I would think, if OP presents himself to an IO he/she will know from the system that OP is settled in the UK, and as a result, will put a disembarkation stamp on passport, without any grant of leave.

[vinny]

18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:
(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and

Subsequent entry as a returning resident would fail, as 18(i) fails, if admitted as a visitor.

Unless challenged.

[Obie]

Hi Vinny, i can't seems to see the Rules saying, that if by error an Immigration officer stamps leave as visitor by error, it will invalidate a Settlement visa.

Or am i missing something. 18(i) does not seem to allude to that, or am i missing something

[vinny]

If a returning resident is admitted as a visitor and goes on another trip, then on the subsequent return, 18(i) apparently fails. An Immigration Officer may refuse to admit the holder as a returning resident again.

[Obie]

Ok, so you are proceeding on the basis that an Ultra Vires leave to enter grant by an Immigration Officer has the effect of invalidating an Indefinite Leave to Remain granted by the Secretary of State to a person present and Settled person in the UK.

If that was the intention, would it not have been more straightforward if the drafter had stated for example. " The person was last admitted to the UK as an holder of Indefinite leave to enter or Remain".

Kindly ignore my ignorance Vinny, but I find it quite hard to grasp that an invalid stamp placed on a person's passport without legal authority, will have the power to override the decision of the Secretary of State to issue ILR, and will also invalidate a validly issued ILR BRP.

I may well be wrong, and you perfectly correct. UK immigration rules makes little sense to me these days, especially the fiasco made with Section 3C, which could make a person an overstayer without their Knowledge.

[vinny]

An immigration Officer may make a mistake and admit the returning resident as a visitor. This should be challenged sooner rather than later. May cause headaches!

[Obie]

Thanks VInny, interesting.

Wish OP all the best.

[IndianaBlues]

Thanks for the support all, we will find out tomorrow evening!