Does the UK have a record of my absence? Application of Indefinite Leave to Remain

[vickyc]

Hello, I have been in the UK for the past 12 years since January 2006 under Tier 4 Student (child)Visa. I am a non-EEA national but I do have a British National(Oversea) Passport. I pretty much grew up here and I can't imagine having to go back to my home country. I would like to apply for indefinite leave to remain under the 10 years Long Residence.

However, I do not have all my travel records for past 10 years. I have requested an SAR from the Home Office. I was only given record of my past visa applications and a few landing cards. There was no immigration history at all. Since I was only 10-11 years old when I first entered the UK. I went back to my home country during school holidays. I suppose I have exceeded the 540 days of absence and therefore I do not satisfy one of the requirements for long residence. I am not entirely sure. The stamps on my passports only show entry to the UK and they do not show my departure. Therefore it is hard to work out my absences for the past 10 years.

Is there anyway to get hold of my entry/exit record of the UK? I am willing to fill in the absence form to the best of my knowledge but I feel like I do not have adequate information to do that. Does the Home Office actually keep a record of my travel record and will they know my absences? From my SAR records, it seems as though they dont have a record of my travel history?! During the applciation, will the case worker take the extra effort to work out my absences? I am worried that I might be charged for deception due to the fact that I have a lack of record for my travel record for the past 10 years!

I look forward to hearing reponses from you all.

Thank you so much!

[cyclina1]

Hello, I have been in the UK for the past 12 years since January 2006 under Tier 4 Student (child)Visa. I am a non-EEA national but I do have a British National(Oversea) Passport. I pretty much grew up here and I can't imagine having to go back to my home country. I would like to apply for indefinite leave to remain under the 10 years Long Residence.

However, I do not have all my travel records for past 10 years. I have requested an SAR from the Home Office. I was only given record of my past visa applications and a few landing cards. There was no immigration history at all. Since I was only 10-11 years old when I first entered the UK. I went back to my home country during school holidays. I suppose I have exceeded the 540 days of absence and therefore I do not satisfy one of the requirements for long residence. I am not entirely sure. The stamps on my passports only show entry to the UK and they do not show my departure. Therefore it is hard to work out my absences for the past 10 years.

Is there anyway to get hold of my entry/exit record of the UK? I am willing to fill in the absence form to the best of my knowledge but I feel like I do not have adequate information to do that. Does the Home Office actually keep a record of my travel record and will they know my absences? From my SAR records, it seems as though they dont have a record of my travel history?! During the applciation, will the case worker take the extra effort to work out my absences? I am worried that I might be charged for deception due to the fact that I have a lack of record for my travel record for the past 10 years!

I look forward to hearing reponses from you all.

Thank you so much!

If you are really leaving the UK and go back to HK every year during team break, likely you are not in the UK for more than two months every year, thus exceed 540 days for 10 years.

This is your responsibility to provide evidences that you did not exceed 540 days for 10 years, can be done by email from flight booking acknowledgment, the payment for your residency during the term breaks for your boarding school, asking HKSAR immigration dept as you have to enter HK with HKID card and they may possible can provide you the entry record of yours etc.

The caseworker can only approve your application if there is no doubt that you didn't exceed 540 days for 10 years (also fulfill all the other requirements). If there is a doubt about your leaves, you will be requested to provide evidences. And if the evidences you provided is not sufficient to resolve their doubt, they will just refuse your ILR application. So you have no way to get this around. therefore to be honest, if you know you cannot fulfill 540 days leaves requirement, don't waste your time and money. Even not try to deceive the HO by making up your departure date from the UK.

[secret.simon]

I do have a British National(Oversea) Passport

Do you have any other passport other than a BNO passport, such as an HKSAR passport? Are you ethnically Chinese?

[cyclina1]

I do have a British National(Oversea) Passport

Do you have any other passport other than a BNO passport, such as an HKSAR passport? Are you ethnically Chinese?

What's the difference if he/she is chinese national or not? 540 days rule applied to all nationals for 10 years route.

[secret.simon]

What's the difference if he/she is chinese national or not? 540 days rule applied to all nationals for 10 years route.

If the person is a non-Chinese BNO, there may be alternate ways of acquiring British citizenship by registration, which may not require ILR.

British nationality law and Hong Kong

[cyclina1]

What's the difference if he/she is chinese national or not? 540 days rule applied to all nationals for 10 years route.

If the person is a non-Chinese BNO, there may be alternate ways of acquiring British citizenship by registration, which may not require ILR.

British nationality law and Hong Kong

yes. but I guess his/her parents has already did that for him/ her, if eligible... their children pay much less tuition fees if registered as BC.... HK people are so sensitive for this... so the chance he/she is eligible to register is very slim......

[Casa]

What's the difference if he/she is chinese national or not? 540 days rule applied to all nationals for 10 years route.

If the person is a non-Chinese BNO, there may be alternate ways of acquiring British citizenship by registration, which may not require ILR.

British nationality law and Hong Kong

yes. but I guess his/her parents has already did that for him/ her, if eligible... their children pay much less tuition fees if registered as BC.... HK people are so sensitive for this... so the chance he/she is eligible to register is very slim......

Best wait for the OP to respond to secret.simon's post

[vickyc]

Hello cyclina, Thank you so much for your advise. I have already requested a statement of travel records from the Hong Kong Immigration Office. However it is still very difficult to keep track of all of records for the past 10 years! I have actually travelled more within Europe and the states than back to Hong Kong as well in the recent years. I do not want to deceive the home office in anyway! This was not my intention at all. I just know that I am having difficulties tracking my own records and I do not want to miss out anything hence why I am worried about not giving the home office accurate info.

Hello, I have been in the UK for the past 12 years since January 2006 under Tier 4 Student (child)Visa. I am a non-EEA national but I do have a British National(Oversea) Passport. I pretty much grew up here and I can't imagine having to go back to my home country. I would like to apply for indefinite leave to remain under the 10 years Long Residence.

However, I do not have all my travel records for past 10 years. I have requested an SAR from the Home Office. I was only given record of my past visa applications and a few landing cards. There was no immigration history at all. Since I was only 10-11 years old when I first entered the UK. I went back to my home country during school holidays. I suppose I have exceeded the 540 days of absence and therefore I do not satisfy one of the requirements for long residence. I am not entirely sure. The stamps on my passports only show entry to the UK and they do not show my departure. Therefore it is hard to work out my absences for the past 10 years.

Is there anyway to get hold of my entry/exit record of the UK? I am willing to fill in the absence form to the best of my knowledge but I feel like I do not have adequate information to do that. Does the Home Office actually keep a record of my travel record and will they know my absences? From my SAR records, it seems as though they dont have a record of my travel history?! During the applciation, will the case worker take the extra effort to work out my absences? I am worried that I might be charged for deception due to the fact that I have a lack of record for my travel record for the past 10 years!

I look forward to hearing reponses from you all.

Thank you so much!

If you are really leaving the UK and go back to HK every year during team break, likely you are not in the UK for more than two months every year, thus exceed 540 days for 10 years.

This is your responsibility to provide evidences that you did not exceed 540 days for 10 years, can be done by email from flight booking acknowledgment, the payment for your residency during the term breaks for your boarding school, asking HKSAR immigration dept as you have to enter HK with HKID card and they may possible can provide you the entry record of yours etc.

The caseworker can only approve your application if there is no doubt that you didn't exceed 540 days for 10 years (also fulfill all the other requirements). If there is a doubt about your leaves, you will be requested to provide evidences. And if the evidences you provided is not sufficient to resolve their doubt, they will just refuse your ILR application. So you have no way to get this around. therefore to be honest, if you know you cannot fulfill 540 days leaves requirement, don't waste your time and money. Even not try to deceive the HO by making up your departure date from the UK.

[vickyc]

Hello Simon, thank you so much for your response! Unfortunately, I am also a holder of the HKSAR passport

What's the difference if he/she is chinese national or not? 540 days rule applied to all nationals for 10 years route.

If the person is a non-Chinese BNO, there may be alternate ways of acquiring British citizenship by registration, which may not require ILR.

British nationality law and Hong Kong

[cyclina1]

Hello cyclina, Thank you so much for your advise. I have already requested a statement of travel records from the Hong Kong Immigration Office. However it is still very difficult to keep track of all of records for the past 10 years! I have actually travelled more within Europe and the states than back to Hong Kong as well in the recent years. I do not want to deceive the home office in anyway! This was not my intention at all. I just know that I am having difficulties tracking my own records and I do not want to miss out anything hence why I am worried about not giving the home office accurate info.

Hello, I have been in the UK for the past 12 years since January 2006 under Tier 4 Student (child)Visa. I am a non-EEA national but I do have a British National(Oversea) Passport. I pretty much grew up here and I can't imagine having to go back to my home country. I would like to apply for indefinite leave to remain under the 10 years Long Residence.

However, I do not have all my travel records for past 10 years. I have requested an SAR from the Home Office. I was only given record of my past visa applications and a few landing cards. There was no immigration history at all. Since I was only 10-11 years old when I first entered the UK. I went back to my home country during school holidays. I suppose I have exceeded the 540 days of absence and therefore I do not satisfy one of the requirements for long residence. I am not entirely sure. The stamps on my passports only show entry to the UK and they do not show my departure. Therefore it is hard to work out my absences for the past 10 years.

Is there anyway to get hold of my entry/exit record of the UK? I am willing to fill in the absence form to the best of my knowledge but I feel like I do not have adequate information to do that. Does the Home Office actually keep a record of my travel record and will they know my absences? From my SAR records, it seems as though they dont have a record of my travel history?! During the applciation, will the case worker take the extra effort to work out my absences? I am worried that I might be charged for deception due to the fact that I have a lack of record for my travel record for the past 10 years!

I look forward to hearing reponses from you all.

Thank you so much!

If you are really leaving the UK and go back to HK every year during team break, likely you are not in the UK for more than two months every year, thus exceed 540 days for 10 years.

This is your responsibility to provide evidences that you did not exceed 540 days for 10 years, can be done by email from flight booking acknowledgment, the payment for your residency during the term breaks for your boarding school, asking HKSAR immigration dept as you have to enter HK with HKID card and they may possible can provide you the entry record of yours etc.

The caseworker can only approve your application if there is no doubt that you didn't exceed 540 days for 10 years (also fulfill all the other requirements). If there is a doubt about your leaves, you will be requested to provide evidences. And if the evidences you provided is not sufficient to resolve their doubt, they will just refuse your ILR application. So you have no way to get this around. therefore to be honest, if you know you cannot fulfill 540 days leaves requirement, don't waste your time and money. Even not try to deceive the HO by making up your departure date from the UK.

in this case, the only problem will only be the record when you traveled back to HK.

If you entered into the States or Europe, you would have an entry stamp in your passport. these are the date you left the UK. And when you went back to the UK, you have entry stamps as well.