Using UK ILR Stamp

[Seekingasylum]

ILR only lapses if one is out of the country for more than two years. A travel document will confirm this either way. Renewing a BRP is simple and obtained by production of the travel history. If travel documents are mislaid then other evidence may be required.

Every time an ILR national returns to the UK they receive an open date stamp. If an immigration officer can't locate a date stamp within two years of a departure then he will enquire further. If an open date stamp is found to be endorsed within two years in the passport and evidence of the grant of ILR has been produced then the person will be admitted without further ado,

Edited September 8, 2014 by Seekingasylum

[Richard W]

Every time an ILR national returns to the UK they receive an open date stamp. If an immigration officer can't locate a date stamp within two years of a departure then he will enquire further. If an open date stamp is found to be endorsed within two years in the passport and evidence of the grant of ILR has been produced then the person will be admitted without further ado.

That works fine if there are frequent trips abroad. My wife hasn't been abroad for several years, so she needs the full set of passports to show that she hasn't been forced into any other status on her Thai passport. Her unused passport is unlikely to be stamped on exit from the UK; departure from the UK is usually indicated by an entry stamp for Thailand, though conceivably departure dates may be known from passenger manifests.

ILR only lapses if one is out of the country for more than two years. A travel document will confirm this either way. Renewing a BRP is simple and obtained by production of the travel history. If travel documents are mislaid then other evidence may be required.

The BRP replacement form asks, "If you were granted Indefinite Leave to Remain more than 2 years ago please provide evidence of continuous residency in the United Kingdom, such as:", and then provides a list of possible documents which does not include passports. BRPs for ILR only came into force on 1st March 2012, so I'm curious as to how you know that renewal is obtained by production of the travel history. I'd like to believe it was as simple as you say.

Incidentally, I wondered if one could change the expiry date by damaging a BRP. This won't work; the replacement will then have the same expiry date.

[wooloomooloo]

Citizenship will cure all your ills, Richard.

What's stopping you both?

[Seekingasylum]

I take your point. Because the HO may ask for evidence it doesn't preclude you from providing evidence in the form you choose that is manifestly within the law. Simply complete the form as appropriate, or not, and enclose the passports with a covering letter stating that as evidenced by her passports she has not been absent for more than two years and therefore meets the requirements under the rules. Providing further evidence of residence eg utilities, bank statements etc is otiose.

If they decline to issue a replacement BRP complain and plague them.

[roath]

If you can manage it, keeping a spreadsheet of your wifes residency would be quite useful i.e. show periods in and out of UK (and evidence of better organisation gives better credibility with HO)

[Richard W]

I take your point. Because the HO may ask for evidence it doesn't preclude you from providing evidence in the form you choose that is manifestly within the law. Simply complete the form as appropriate, or not, and enclose the passports with a covering letter stating that as evidenced by her passports she has not been absent for more than two years and therefore meets the requirements under the rules. Providing further evidence of residence eg utilities, bank statements etc is otiose.

I've found the internal 'guidance' for transferring ILR evidence to a BRP. Seekingasylum is right for people who have exited the UK since getting ILR. All that is then needed is the complete travel history. However, for people who got ILR more than two years before the application is considered and have apparently never exited the UK since then, other evidence of continuing residence is required! I can't work out what happens to ILR stamps and stickers in passports. One would expect them to be cancelled or removed because the policy that people have only one document evidencing a right to remain, but I can't find the evidence.

I think I've found the relevant internal guidance for replacing BRPs - it reads as the main document for the processing of applications for BRPs. I haven't fully digested it, For receiving a BRP, there is the requirement that applicants "have passed all security checks. For example Police National Computer (PNC) and system checks". I'm not quite sure what that means. I hope it doesn't mean that those renewing BRPs evidencing ILR have to have satisfied the character requirements for ILR. It seems that refusal of a BRP does not imply withdrawal of ILR.

[Richard W]

Has anyone worked out what to do if the BRP evidencing ILR will expire while one is overseas and does not intend to return to the UK for another six months? I'm assuming mail to the UK address will not be forwarded overseas. Will one just have to pay the fine for not renewing as well as getting a returning resident's visa? I think a replacement BRP visa is only valid for one month, which is a shame, as it is cheaper than a visitor's visa. On the bright side, from some reports one might get indefinite leave to enter instead if one applies for a replacement BRP visa. The process is quite murky.

The FAQ about the illegal working civil penalty scheme is actually quite vicious about the use of ILR endorsements in expired passports. The author obviously lacked 7by7's knowledge. It would be good if 7by7 would explain the rules to the Home Office. It says:

Q13 Do all documents have to be current?

A. From 16 May 2014, the following documents must be current i.e. have not expired to provide an excuse:

• Biometric Residence Permits;
• Immigration Status Documents;
• Passports which are not held by a British Citizen (or a citizen of the UK and Colonies having a right of abode in the UK) or a national of a European Economic Area (EEA) country or Switzerland;
• and Residence Cards (including Accession Residence Cards and Derivative Residence Cards) issued to non EEA national who is a family member of a national of a EEA country or Switzerland.

An Indefinite Leave to Remain stamp in an expired passport is not acceptable because it is insecure, easily forgeable and the person might no longer have their indefinite leave subsequently remaining overseas for more than two years. Instead, you should provide your potential employee or employee an opportunity to obtain current documents. Generally this will be a Biometric Residence Permit.

Please see separate question about Right of Abode (Question 15).

I hope the use of the phrase 'or employee' only refers to those changing employer as a result of a 'transfer of undertaking'.

Edited September 10, 2014 by Richard W