Was I an illegal entrant?

[flanker]

I have a PEO appointment for ILR under the 10-year long residence rule next week.

When filling out the SET(O) form, I was listing out all my absences from the UK and discovered something that happened back in 2001.

I was holding a student visa at that time. The visa was a leave to enter granted at the airport from september 1999 to october 2002.

In 2001, I went to egypt for a holiday for 2 weeks. For some reason, I could not find a UK immigration stamp on my passport to indicate that I have returned from my holiday. I cannot remember exactly what happened, but I suspect I might have accidentally 'skipped' immigration control when I returned to the UK.

My flight was from Egypt to Heathrow, and then a connecting flight to Manchester. I think I did not go through immigration when I changed flight at Heathrow because arrival and departure was from the same terminal, and I did not have to pass immigration control. I then took a flight from Heathrow to Manchester, and there was probably no immigration control when I reached Manchester because it was a domestic flight, so I was herded straight out of the airport on arrival.

1) Have I broken any immigration law here?

2) How do I explain this to the caseworker?

3) Will this ruin my application or put a scar on my immigration record?

It was obviously not a deliberate attempt to skip immigration control, and I had no reason to do so since I had a perfectly valid leave to enter at that time.

Since there is no record of my departure and arrival in the UK, I thought about not declaring this absence in my application form. But I have 2 stamps on my passport from the Egyptian immigration to show that I had indeed arrived and then departed from Egypt.

[Jeff Albright]

happened, but I suspect I might have accidentally 'skipped' immigration control when I returned to the UK.

Close to impossible.

and there was probably no immigration control when I reached Manchester because it was a domestic flight, so I was herded straight out of the airport on arrival.

You should have passed through the immigration control at Heathrow.

1) Have I broken any immigration law here?

Only if you deliberately evaded the immigration control.
However, even if you did and there was no exit stamp at departure from the UK and then arrival back in the UK, you are considered as not having left at all.

2) How do I explain this to the caseworker?

Note - golden rule. You do not say anything or explain anything unless you are asked about this.

3) Will this ruin my application or put a scar on my immigration record?

If you have an arrival and departure stamp in Egypt, then, IF they notice, they might ask you about this. However, I think they are more concerned about your UK visas, the dates and duration and that they are running one after another without any gaps. If there is one arrival stamp on it and not two, they may not even notice that. Even if they do, you still had a continuous leave to remain when departing and returning, so no worries.

It was obviously not a deliberate attempt to skip immigration control, and I had no reason to do so since I had a perfectly valid leave to enter at that time.

That's right. You are definitely not an illegal entrant because you had a valid continuous leave to remain at the time.

Since there is no record of my departure and arrival in the UK, I thought about not declaring this absence in my application form. But I have 2 stamps on my passport from the Egyptian immigration to show that I had indeed arrived and then departed from Egypt.

Technically, you should be truthful about this and declare it on an application form if asked. Even if you went on holiday to Egypt, you still had a continuous leave, you should have no worries.
But the answer is yes, you should declare your absence.
I don't think they will be worried about your return stamp. Even if they had not stamped your passport at arrival, it would have not been your fault. Can you imagine yourself running around the airport looking for an immigration guy to stamp your passport beyond the control point? Would they do that? Definitely, not.
You should be ok.

[vinny]

Perhaps the Immigration Officers were on strike at that time, as in 2004?

[SYH]

Perhaps the Immigration Officers were on strike at that time, as in 2004?

Interesting.

[Dawie]

Up until 2004, UK residents with leave to remain for longer than 6 months did not have their passports stamped when leaving and reentering the UK. The only stamp they got was the first one when they first entered the UK.

[VictoriaS]

My guess would be...


Landed at Heathrow and was taken to a different gate within the same terminal, therefore never going landside. Then, going through the domestic arrivals gate at Manchester, there was obviously no immigration officers there.

Annoying, foolish, remiss, but not illegal.

I think I'd explain it when making the application, and would definitely apply by post.

Victoria

[flanker]

Up until 2004, UK residents with leave to remain for longer than 6 months did not have their passports stamped when leaving and reentering the UK. The only stamp they got was the first one when they first entered the UK.

Thank you Dawie for the information.

Can anyone provide an official link about this? Or any other useful link?

(1) My other arrivals in July 1998, Dec 1999 and Feb 2000 have stamps on them.

(2) My arrival back from Egypt in April 2001 did NOT get stamped.

(3) Then my other arrivals in Sep 2005, Feb 2007 and Sep 2007 have stamps on them.

If arrivals before 2004 are never stamped, then how come I got stamps for (1) above?

To be honest, I cannot remember what happened at the airport during my return from Egypt [(2)above]. If it was indeed a common practice at that time not to have passport stamped on arrival, then maybe that was the reason for my 'missing' stamp. If someone has an official link for this, that would be very useful.

Thank you to everyone's opinion and postings so far.

[try-one]

Hi
I had a 5 year EC based on a WP; issued and used from 2002 and my passport was stamped every single time I arrived in the UK (40+ times).

It could be that the immigration officer forgot to stamp it, ink was dry or someone made a mistake and you went to the domestic terminal without checks.
It happened to me on a flight from barcelona; flight arrived and I ended up in a domestic terminal.....no big deal anyway, you had a valid EC.

[INSIDER]

Dawie is spot on, can't provide an official link but take it from an "insider."

[Jeff Albright]

Up until 2004, UK residents with leave to remain for longer than 6 months did not have their passports stamped when leaving and reentering the UK. The only stamp they got was the first one when they first entered the UK.

Yes, but that does not negate the fact that there should have been an immigration control at Heathrow where the arrived should have had their passports examined.
I think the chap has simply forgotten about this.

[flanker]

Up until 2004, UK residents with leave to remain for longer than 6 months did not have their passports stamped when leaving and reentering the UK. The only stamp they got was the first one when they first entered the UK.

Yes, but that does not negate the fact that there should have been an immigration control at Heathrow where the arrived should have had their passports examined.
I think the chap has simply forgotten about this.

Well Jeff Albright,

Actually I cannot remember what happened at the airport. I speculated that I might have 'skipped' immigration simply because I could not find a stamp on my passport to indicate that I have arrived at Heathrow and that I have seen an Immigration Officer.

Add to the fact that I then took a domestic flight to Manchester increased my suspicion that I might have somehow accidentally missed immigration control. I do remember walking straight out of the airport in Manchester without passing immigration, but that is what you would expect coming off a domestic flight.

It might well be that I did actually went to immigration control in Heathrow, and that my passport did not get stamped for the reason that Dawie has mentioned. I CANNOT SIMPLY REMEMBER!