ILR, passport stamps and 2 year rule

[redgirl]

Hello,

I received ILR in 2009 as a spouse when I was living in Birmingham. At the time I was a PhD student at a university based in Canada and obtained my degree in 2015. Although I was residing in the UK and held a home there for most of that time period (2009-2015) and still hold an address there, I made frequent trips to Canada throughout, especially towards the end of the study period when the visits were longer, in order to submit and defend my thesis. Because of the periods away, I decided to delay applying for citizenship for fear that I would not met the criteria.

In Oct 2011, I left the UK for a study trip in Canada. I returned in April 2012 and a "normal" stamp (without conditions) was added to my passport by the immigration officer. In June 2012, I briefly left the UK for a trip to France (2 days), when I returned, my passport was stamped as a visitor with the condition "leave to enter for six months: employment and recourse to public funds prohibited." At the time, I believed that, because I had not been away 2 years, I could resume my ILR privileges if I chose to make the UK my primary home again before the end of that 2 years.

I have re-entered the UK on a couple of occasions since, living between Canada and the UK for the time during which I completed my PhD. My ILR has not been questioned. On these occasions, I entered the UK through Dublin (Ireland). I arrived at the Dublin airport and travelled to the UK by bus. Sometimes my passport was not stamped at the airport, other times it was stamped with the indication that I was travelling onward to Northern Ireland. My current address is in Belfast.

I wonder if the "visitor" stamp given in 2012 might pose problems in the future. I ask this now because I am considering being in the UK full time and eventually applying for British citizenship. Technically speaking, a UK immigration officer has never seen the passport since the 2012 visitor's stamp was added.

Of course, I want to avoid the "Returning Residents" route because I have read it is difficult to argue.

I appreciate your advice.

[Casa]

The visitor stamp in your passport may well be an issue when you apply for BC.

The IO will have granted entry as a visitor due to the time spent outside of the UK. Brief return visits don't break the absence regarding the retention of ILR.

Technically, you may have not held legal residence since the 6 month clearance as a visitor expired.

[noajthan]

Hello,

I received ILR in 2009 as a spouse when I was living in Birmingham. At the time I was a PhD student at a university based in Canada and obtained my degree in 2015. Although I was residing in the UK and held a home there for most of that time period (2009-2015) and still hold an address there, I made frequent trips to Canada throughout, especially towards the end of the study period when the visits were longer, in order to submit and defend my thesis. Because of the periods away, I decided to delay applying for citizenship for fear that I would not met the criteria.

In Oct 2011, I left the UK for a study trip in Canada. I returned in April 2012 and a "normal" stamp (without conditions) was added to my passport by the immigration officer. In June 2012, I briefly left the UK for a trip to France (2 days), when I returned, my passport was stamped as a visitor with the condition "leave to enter for six months: employment and recourse to public funds prohibited." At the time, I believed that, because I had not been away 2 years, I could resume my ILR privileges if I chose to make the UK my primary home again before the end of that 2 years.

I have re-entered the UK on a couple of occasions since, living between Canada and the UK for the time during which I completed my PhD. My ILR has not been questioned. On these occasions, I entered the UK through Dublin (Ireland). I arrived at the Dublin airport and travelled to the UK by bus. Sometimes my passport was not stamped at the airport, other times it was stamped with the indication that I was travelling onward to Northern Ireland. My current address is in Belfast.

I wonder if the "visitor" stamp given in 2012 might pose problems in the future. I ask this now because I am considering being in the UK full time and eventually applying for British citizenship. Technically speaking, a UK immigration officer has never seen the passport since the 2012 visitor's stamp was added.

Of course, I want to avoid the "Returning Residents" route because I have read it is difficult to argue.

I appreciate your advice.

Suggest request a SAR from UKVI to see what UKVI has on you in its databanks.

[noajthan]

@redgirl, kindly refrain from posting multiple questions (spamming) all over forums.

Multiple posts.

[noajthan]

@redgirl, kindly refrain from posting multiple questions (spamming) all over forums.

Multiple posts.

Enough already redgirl - stay in your topic here.

[redgirl]

Thank you noajthan, and apologies for the multiple posts. I will take your advice and stick to this thread.

Could you please let me know what a "SAR" is.

Please note that I do not hold a biometric card, only an expired passport with the original visa inside.

The June 2012 "visitor stamp" is amongst many others and it is not on the same passport page as the ILR.

Also, the Canadian IO upon (arrival in Canada) does not stamp my passport, so in actuality, the passport itself does not, as far as I understand, indicate the length of my absences.

My intention would be to wait and keep the ILR for many years still until I securely qualify based on living and working full-time in the UK.

Thank you for further advice.

[noajthan]

That will help, thanks.

SAR = subject access request;
a kind of FOI request made under UK Data Protection laws to see what 'they' have squirreled away on you in HO databanks.
It may tell you if you still have ILR.

[vinny]

How to do a Subject Access Request.