epassport gate for UK ILR holders

[venerax88]

Hi all,

I am a Singaporean passport holder with Indefinite Leave to Remain (ILR) in the UK.

I went on holiday in Nov 2019 for 5 days and when I returned to the UK (London Stansted Airport) on 16 Nov 19, I was directed to use the epassport gate by the airport staff. They told me that as a Singaporean passport holder with ILR, I can use the epassport gate without a stamp in my passport (which I used to get in the past whenever I returned to the UK).

I then went on another holiday in Dec 2019 and when I returned to the UK (London Heathrow) on 27 Dec 19, I was also directed to use the epassport gate. However, this time round, I requested to see a Borders Control officer which was granted. The Borders Control Officer advised me that it is good practice to have my passport stamped if I am a ILR holder. When I asked him if it is still actually OK for me to use the epassport gate or not, his answer was "yes or no" but it is good practice to have my passport checked and stamped by a Borders Controls officer to show that I have acted in good faith. He then stamped my passport and allowed me to go through.

I'm aware that with effect from 20/05/2019, the epassport gate can be used by citizens of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA. Previously, this was available to them only if they were registered as a Registered Traveller. However, as far as I could see, there's no information published regarding whether those citizens can continue to use the epassport gate if they are entering the UK as an ILR holder (rather than a visitor). From my experiences as described above, it seems that even the airport staff and border controls officers themselves are unsure.

Just wondering did anyone experience the same situation before?

Can anyone advise whether I can use the epassport gate or not? If there's any official guidance on this, please refer it to me. Thanks!

[secret.simon]

The situation is not clear for people entering the UK via the E-Passport Gates on any visa other than a visit visa.

The Registered Traveller ePassport Gate Guidance states;

How will I be granted Leave to Enter if I’m coming to the UK with Indefinite Leave to Remain or a Tier 1 or Tier 2 visa?
You do not need to be granted Leave to Enter as your entry clearance or Biometric Residence Permit (BRP) already has the effect of granting you leave to enter the United Kingdom. You will not receive a stamp in your passport or a written notice following your use of the ePassport gate.

That suggests that if you have leave other than a visit visa, that that prevails and that you are not given a visit visa.

However, a Freemovement blog article notes that, with regards to visitors from the seven countries who are allowed to enter via the E-Passport Gates,

From 20 May 2019 onwards, citizens of Australia, Canada, Japan, New Zealand, Singapore, South Korea, and the United States of America have been able to simply swipe their passports in the electronic passport gates on arrival to the UK. One successful swipe and they are automatically granted deemed leave as a visitor under the provisions of the Immigration (Leave to Enter and Remain) Order 2000 (as amended by the Immigration (Leave to Enter and Remain) (Amendment) Order 2019).

8B.—(1) A person to whom this article applies may obtain leave to enter the United Kingdom by passing through an automated gate.

(2) This article applies to a person who–
(a) is a national of Australia, Canada, Japan, New Zealand, Singapore, South Korea or the United States of America;
(b) is travelling on a passport issued by one of the countries listed in sub-paragraph (a);
(c) is aged 12 or above; and
(d) is seeking to enter the United Kingdom as a visitor (standard) under Appendix V to the immigration rules.

(3) Leave under paragraph (1) is given for a period of six months.

(4) Such leave is subject to conditions prohibiting employment and recourse to public funds (within the meaning of the immigration rules).

Online guidance confirms that eGate users “will automatically be granted Leave to Enter as you pass through the ePassport gate, and will not receive a stamp in your passport or a written notice”.

I would treat the word of a legislative instrument as superior to a guidance document and therefore suggest that citizens of the seven countries who are not Registered Travelers and who have a pre-existing Leave to Remain or ILR should use the desks and not the E-Passport Gates when entering the UK, to avoid the risk of their extant leave being inadvertently replaced by a visit visa.

[venerax88]

Hi secret.simon,

Thanks for your advice, looks like this is still a grey area. I have written to the home office complaints department regarding this issue, hope they will offer some clarification.

[Cowley]

I would treat the word of a legislative instrument as superior to a guidance document and therefore suggest that citizens of the seven countries who are not Registered Travelers and who have a pre-existing Leave to Remain or ILR should use the desks and not the E-Passport Gates when entering the UK, to avoid the risk of their extant leave being inadvertently replaced by a visit visa.

I'm having trouble believing that this is the case. I've been through the EPassport gates, both as a Registered Traveler and post-RT as a US citizen, while on a Tier 2 visa and (apparently) didn't have my leave cancelled. I can't see why it would erase the ILR status that I hold now (although I acknowledge that logic isn't always applicable when it comes to the Home Office!).

I would be interested in seeing some clarification on this, but the guidance lists those who need to have a passport stamped instead of going through the e-gates and it doesn't include those with ILR: https://www.gov.uk/government/publicati ... ce-officer