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Irrelevant questions and landing card faced by ILR holder

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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cool mind

Irrelevant questions and landing card faced by ILR holder

Post by cool mind » Tue Mar 31, 2015 9:47 pm

Hi,
One of my colleague who has ILR based on 10 years lawful residence with the mixture of 2 years as the family member of EU national partner but now they are informally separated. But when he returned back from holidays at Heathrow airport then UK border officer ordered him to fill landing card and asked him the questions about his past marriage with EU national partner even he presented his ILR BRP??

Questions:
Isn't it irrelevant/awkward to ask from ILR holder about his EU national wife even he now free of immigration control? Can such questions may affect him from entering UK if he don't want to reply these irrelevant questions??
Why landing cards needed from ILR holder????

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Re: Irrelevant questions and landing card faced by ILR holde

Post by Casa » Tue Mar 31, 2015 10:07 pm

Because he doesn't hold British Nationality. Also ILR holders are often questioned on re-entry, as my husband experienced after being granted permanent residency.
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cool mind

Re: Irrelevant questions and landing card faced by ILR holde

Post by cool mind » Wed Apr 01, 2015 6:51 am

Thanks for answer. But is the re-entry depends on satisfactorily answering those questions? Why landing cards?

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Re: Irrelevant questions and landing card faced by ILR holde

Post by shadow_dragon » Wed Apr 01, 2015 10:35 am

Please see the link -> https://www.gov.uk/uk-border-control/at-border-control

Only UK, EU/EEA and Swiz passport holders don't have to fill a landing card; Rest everyone regardless of the visit visa, work permit, ILR have still need to fill in the landing card.

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Re: Irrelevant questions and landing card faced by ILR holde

Post by ouflak1 » Wed Apr 01, 2015 2:04 pm

Expect to be asked awkward questions until you have citizenship. Especially if your non-EU/EEA/Swiss.

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Re: Irrelevant questions and landing card faced by ILR holde

Post by cricket79 » Wed Apr 01, 2015 6:41 pm

Hi

I faced the same situation two weeks ago in Manchester airport. They even took my finger prints. My ILR is based on TIER 2 General having worked as a doctor for 5 years in same NHS hospital. I think this happens when one returns from abroad the first time after getting ILR.

Regards

cool mind

Re: Irrelevant questions and landing card faced by ILR holde

Post by cool mind » Thu Apr 02, 2015 12:29 am

But the most interesting question here is that whether the re-entry of ILR holder strictly based on satisfactorily replying those irrelevant questions or these are general questions to be asked?

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Re: Irrelevant questions and landing card faced by ILR holde

Post by ouflak1 » Thu Apr 02, 2015 8:08 am

Well, it's hard to imagine that some of the questions I've faced could be described as 'standard'. The last trip my family returned from America, we were quizzed about how long we'd been gone despite that being blatantly obvious from the entry stamps. Ok, fine whatever. We were questioned multiple times about why we had not acquired citizenship despite qualifying many years earlier and then the real scrutiny started when they realized that we had not registered our oldest daughter for citizenship despite her qualifying years earlier (ummm... because that's none of your business???).

I might be able to put this onto just that being one experience, but these kind of questions have been very consistent over the years. I would love to see the set of printed guideline that suggest that these questions have any kind of relevance whatsoever to us being allowed reentry into the country of our residence.

cool mind

Re: Irrelevant questions and landing card faced by ILR holde

Post by cool mind » Thu Apr 02, 2015 12:55 pm

When an ILR holder naturalized to British but still not applied/get British passport then will he still be asked those questions and can he join British people queue in airport??

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Re: Irrelevant questions and landing card faced by ILR holde

Post by WR1 » Thu Apr 02, 2015 5:52 pm

cool mind wrote:When an ILR holder naturalized to British but still not applied/get British passport then will he still be asked those questions and can he join British people queue in airport??
The issue here is that as soon as you naturalized, your ILR ceases from that point onwards, therefore possibly creating more problems to begin with.
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cool mind

Re: Irrelevant questions and landing card faced by ILR holde

Post by cool mind » Fri Apr 03, 2015 8:48 am

WR1 wrote:
cool mind wrote:When an ILR holder naturalized to British but still not applied/get British passport then will he still be asked those questions and can he join British people queue in airport??
The issue here is that as soon as you naturalized, your ILR ceases from that point onwards, therefore possibly creating more problems to begin with.
why the ILR ceases and creating more problems??? Is naturalization does not grant citizenship or holding British passport is mandatory??

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Re: Irrelevant questions and landing card faced by ILR holde

Post by WR1 » Fri Apr 03, 2015 10:00 am

I think I could have worded that statement better.

Once you naturalise, what I meant to say that you cannot travel on your ILR stamp anymore and gaining citizenship effectively means you are no longer a ILR holder but a British Citizen, so two different categories. It would cause problems if you tried to use your ILR from that point onwards.

If you gained Citizenship but yet to apply for a British passport, I guess you would travel on your foreign passport and carry your citizenship certificate for traveling to and from the UK to show you are now a British Citizen.

Now, I haven't traveled outside of the UK for a few years, but as far as I can remember there are two queues for when you arrive in the UK, one from British passport holders and other for foreign passports. I suppose its the queue for the foreign passport holders that get bombarded with the questions.

I don't know of anyone who wouldn't apply for a British passprt after gaining citizenship. It's the first thing one would do.
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Re: Irrelevant questions and landing card faced by ILR holde

Post by UKBA HUNTER » Fri Apr 03, 2015 11:26 am

i think airport border officers just ask those general questions as part of their job to justify that they are really ensuring the admittance of right people because the cameras also monitor them too and they must know themselves too that they are asking irrelevant questions which can itself be answered by looking on passport with BRP. These irrelevant questions in my point of view have nothing to do with the ILR status although pointless and should be replied precisely but confidently.
"Words build bridges into unexplored regions" Adolf Hitler

cool mind

Re: Irrelevant questions and landing card faced by ILR holde

Post by cool mind » Fri Apr 10, 2015 3:34 pm

Do the border agency staff on airport always ask same questions from ILR holder on its each re-entry or these questions are being asked only once since getting ILR. Any perception especially practical experience of member??

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Re: Irrelevant questions and landing card faced by ILR holde

Post by khan_81 » Fri Apr 10, 2015 5:20 pm

I got my ILR in August last year and I travelled in November for 7 weeks, on my return at London Heathrow airport I was just asked one question how long u went for the holidays and I answered 7 weeks and that's it. He stamped my passport and that's all. I think it took only 30 seconds.

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Re: Irrelevant questions and landing card faced by ILR holde

Post by cs95tdg » Fri Apr 10, 2015 7:27 pm

cool mind wrote:Do the border agency staff on airport always ask same questions from ILR holder on its each re-entry or these questions are being asked only once since getting ILR. Any perception especially practical experience of member??
No, based on my experience. It's not just once, & nor do you get asked the same questions every time you re-enter; though there have been several instances where I've not been asked any questions. I've been in and out through UK airports many times since my ILR 2 years ago & have come to the conclusion that the questioning is random. The main repeat question I've been asked is how long I've been away & where, occasionally I've been asked where I study/work, what I do etc (I expected these 2 questions to stop after ILR, even though they were consistently asked when I was re-entering as a student/WP & T1 visa holder). And once or twice, I've been told I'm sure you know the drill by now... just to check my biometrics & move me along. I've personally never been asked anything particularly intrusive, the painful experience of re-entering has always been the long queues.

So long as you answer truthfully and confidently you'll be fine.

cool mind

Re: Irrelevant questions and landing card faced by ILR holde

Post by cool mind » Sat Apr 11, 2015 9:25 am

The main key question here is that "whether the re-entry is entirely depend on answering these irrelevant questions".

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Re: Irrelevant questions and landing card faced by ILR holde

Post by cs95tdg » Sat Apr 11, 2015 2:55 pm

cool mind wrote:The main key question here is that "whether the re-entry is entirely depend on answering these irrelevant questions".
In my opinion, No.

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Re: Irrelevant questions and landing card faced by ILR holde

Post by ouflak1 » Sat Apr 11, 2015 7:15 pm

cool mind wrote:The main key question here is that "whether the re-entry is entirely depend on answering these irrelevant questions".
How would the fact that we had not registered our daughter for citizenship years earlier cause us to be denied reentry after being away on vacation for two weeks? There is simply no coherent reason or even a widly outside relationship between that and us being allowed back into the country of our permanent residence. Atleast I could sort of see why they would ask why I and/or my wife hadn't naturalized, because of just their own personal curiousity. Still completely irrelevant, but maybe they just want to make a bit of conversation. But a small child? It doesn't make any sense.

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Re: Irrelevant questions and landing card faced by ILR holde

Post by theroyale » Sat May 02, 2015 12:59 am

I'm glad I found this thread. I have just got my UK ILR, and like ouflak1 and a couple of other members who've posted here I have no intention of giving up my home country's citizenship, but still hope to be able to freely enter and stay in the UK from now on, because, after all, I have been granted Indefinite Leave to Remain, right?

I have asked the question on this forum before but will ask again as this seems a relevant thread: would it be possible for me, as the director of my own UK limited company with most - but not all - my clients in the UK, to switch between or combine living&working in my home country and living&working the UK? The ILR rules seem to suggest that you have to be a 'returning resident' but in this day and age what does that exactly mean? I don't plan to own property in the UK (being a technology worker having concrete premises is just not that important to me). But I will be paying myself salary and dividends for 12 months of the year through my company, paying UK taxes etc and can produce my latest P60 if required at the border, to 'prove' that I haven't just lapsed into being a visitor and actually have a real working life in this country.

Thoughts/experiences would be appreciated on this point. Have people actually been 'downgraded' to a visitor's visa from an ILR - even though they have returned within the 2 year stipulation - because a border agent has not been convinced that they are a 'returning resident'?

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Re: Irrelevant questions and landing card faced by ILR holde

Post by ouflak1 » Sat May 02, 2015 11:33 pm

theroyale wrote:I'm glad I found this thread. I have just got my UK ILR, and like ouflak1 and a couple of other members who've posted here I have no intention of giving up my home country's citizenship, ...
Well my situation is perhaps a bit different in that my native country does allow for multiple citizenship, so this really wasn't a consideration for me. I don't exactly know about the others who have posted on this thread. Some of them may also be allowed to possess dual or multiple citizenships (and may indeed do so now). It is true that I have no intention of ever giving up my native citizenship. But in my case, I really just didn't have all the much interest or need in acquiring British citizenship. That perspective changed with the arrival of my youngest child who was born automatically with British citizenship.
theroyale wrote:...but still hope to be able to freely enter and stay in the UK from now on, because, after all, I have been granted Indefinite Leave to Remain, right?


Indefinite Leave to Remain status means that you make the United Kingdom your primary home and the center of all the important activities of your life (work, family, friends, etc...). The UK expects that committment of those who are granted this status in both practice and spirit.
theroyale wrote:I have asked the question on this forum before but will ask again as this seems a relevant thread: would it be possible for me, as the director of my own UK limited company with most - but not all - my clients in the UK, to switch between or combine living&working in my home country and living&working the UK?
Technically no. But there are posts on this forum of those who have managed to skirt around this restriction for some number of years. That would seem to be all over with now though as the UK has introduced exit checks at all primary ports of departure. They will very quickly be able to deduce whether someone is actually living in the UK as opposed to just visiting/working/maintaining-status.
theroyale wrote:The ILR rules seem to suggest that you have to be a 'returning resident' but in this day and age what does that exactly mean?


If you are hoping that the UK will suddenly adopt a more liberal attitude on this, or anything having to with immigration, then you've picked the wrong moment in history on which to base those hopes. Things are closing down tight and hard right now. Maybe necessarily so, though that's debatable.
theroyale wrote:I don't plan to own property in the UK (being a technology worker having concrete premises is just not that important to me). But I will be paying myself salary and dividends for 12 months of the year through my company, paying UK taxes etc and can produce my latest P60 if required at the border, to 'prove' that I haven't just lapsed into being a visitor and actually have a real working life in this country.
Only having a 'working life' is not enough to fulfill the expectations of those granted ILR, and certainly is far outside spirit of this visa status.
theroyale wrote:Thoughts/experiences would be appreciated on this point. Have people actually been 'downgraded' to a visitor's visa from an ILR - even though they have returned within the 2 year stipulation - because a border agent has not been convinced that they are a 'returning resident'?
Yes people have had the ILR status cancelled at the border, sometimes in error, because the border agent was not convinced that the person was genuinely living their private, professional, and social life primarily based in the UK. You can find some of those posts on this website.

With today's modern technology and the introduction of exit checks, it's a trivial matter for the Border Patrol to see what's really happening with someone's UK travel history. I wouldn't advise anybody trying this now.

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Re: Irrelevant questions and landing card faced by ILR holde

Post by shah.ali12 » Mon May 11, 2015 12:30 pm

Hi,
I am ILR holder on 10 year basis, last few months I was on Tier 1 Entrepreneur visa before getting ILR approved, and my company still registered ...... I am planning to go on holidays in couple on months time abroad, my question is that as I have British passport holder kids so which queue is best to avoid grilling questions by immigration officer( UK/EU, or immigrants)? second what sort of question he/she could ask? do they have right to cancel ILR?

if anyone have experience/ knowledge then please share.

Thanks

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Re: Irrelevant questions and landing card faced by ILR holde

Post by ??? » Fri Jun 12, 2015 8:56 am

ILR holders are not "beyond immigration control'?, I believe that IO may inquire all the essential elements to ensure that right person is travelling. However, in case of unsatisfactory answers does the IO has power to cancel or revoke an ILR visa?

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Re: Irrelevant questions and landing card faced by ILR holde

Post by yash84 » Fri Jun 12, 2015 10:15 am

immigration doesn't care you have ILR they want see if you are genuine or not, is it all about your back luck if you are been asked silly questions, there is no rule that they should or shouldn't

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Re: Irrelevant questions and landing card faced by ILR holde

Post by ??? » Fri Jun 12, 2015 10:26 am

[thanks alot for your replay="yash84"]

immigration doesn't care you have ILR they want see if you are genuine or not, is it all about your back luck if you are been asked silly questions, there is no rule that they should or shouldn't[/quote]

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