Unaware of ILR visa status

[Biscuito]

Hi
I'd like to get some advice from you. I have the ILR visa but wasn't aware of 2 years rule. Lived abroad for over 2 years but I had no problem entering UK with ILR visa in 2008. Now I have to apply for a BRP for my new job and found out that I had breached the rule while filling out the NTL from. I don't remember lying to the immigration officer, though it was long time ago. What do I have to do? I can't chang the history.

[vinny]

How much over 2 years was your absence?

What was the Immigration Officer's endorsement in 2008? S/he may have admitted you under paragraph 19.

[Biscuito]

I can't remember what the immigration officer asked me, but I stayed 28month abroad. it was long time ago. Only thing I know is that I never had any difficulties for entering or leaving UK. I accompanied with my husband (UK citizen) for his overseas work assignment. He wasn't work for UK military but worked for UK company working on the military contract abroad. UP until now, I wasn't aware of living abroad for over 2 years myself. It was my careless mistake, I should have known. I have noticed this by tracing my old passport for the period. I have been working for all these period not knowing this rule.

[vinny]

Do you still have your old passports from that time? Can you check the Immigration Officer's endorsements? If your husband was working for a British company, then it's likely that they admitted you under paragraph 19.

[Biscuito]

The officer wrote "VIPP" next to the stamp. Yes I have my old passport with me.

[vinny]

If the Immigration Officer knew of your circumstances and absence and admitted you as a Returning resident, then you are okay.

You could try applying for SAR to see what landing card information they have kept.

You could try naturalising with the passports you have.

[Biscuito]

Thanks Vinny for your reply.

However, what the landing card telling me? the landing card never asked me for the period of my absence, I only have to provide how long I was planning to stay in UK instead. Therefore, I can't prove that I have provided correct information to the officer.

[Casa]

The entry stamp VIPP is "Visa in previous passport"

How long did you state you would stay on the landing card

[Biscuito]

I probably wrote that I am a UK resident.

[Biscuito]

I had a meeting with a Immigration specialist lawyer for this matter.
The lawyer said that I will not face any challenges from Home Office as I was granted entry to UK without any further notification and did not received any cancellation of visa notice from Home office. If I was breaching the immigration law, the immigration officer should stop me at the point of entry to UK.
Hopefully, this will resolve my re-new ILR visa application issues.

[ouflak1]

You were not breaching immigratioin law. You moved back to the UK with the intention to live, which you've done, and likely stated that's what you were doing when you returned. The border control has the leeway to allow you in as a returning resident, which they did. They could have cancelled your visa and admitted you as a 'visitor' (drama's that have played out on this board), but they don't have to do that and you weren't that much over the two year limit anyway.

[JoanneLee]

I had a meeting with a Immigration specialist lawyer for this matter.
The lawyer said that I will not face any challenges from Home Office as I was granted entry to UK without any further notification and did not received any cancellation of visa notice from Home office. If I was breaching the immigration law, the immigration officer should stop me at the point of entry to UK.
Hopefully, this will resolve my re-new ILR visa application issues.

Hi Biscuito,

Can i ask how is your status regarding your brp application. I have a similar situation as you as i too exceeded the 2 year rule by one month. I was still a dependant at that that time.