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Entered UK before entry clearance date after changing visa

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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dx_
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Entered UK before entry clearance date after changing visa

Post by dx_ » Mon Apr 29, 2024 9:45 pm

Hi - I am currently preparing my ILR (Global Talent) application, and I have a question about how much I screwed myself over by re-entering the UK early after changing my visa.

I originally entered the UK on T5 Youth Mobility Visa, and before it expired I got endorsement for T1 Exceptional Talent (Tech Nation, Promise) and went back to my home country and successfully got the T1 visa in June 2019.

However, due to a lapse of judgement, I flew back and entered the UK 5 days before the 'valid from' date on my entry clearance vignette, using the ePassport Gate successfully and never thought anything of it. I then picked up my T1 Talent BRP from a Post Office a few days later. I did not leave/reenter the UK until 2022, where I re-entered three times via a Border Force officer, with none of them mentioning any issue. Additionally, I lost my BRP card and had it replaced in 2021, which happened without a fuss.

I now fear that by entering the UK a few days before the start date of my new visa I have screwed up my immigration status and this will cause issues for my ILR application. How valid is my concern? Is there something (a cover letter, or any other evidence) I should provide in my ILR application that would help me out?

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zimba
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Re: Entered UK before entry clearance date after changing visa

Post by zimba » Mon Apr 29, 2024 11:02 pm

We had a discussion recently about this. There are some grey areas but I think you should not face issues: general-uk-immigration-forum/ilr-egates ... 45753.html
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

dx_
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Re: Entered UK before entry clearance date after changing visa

Post by dx_ » Tue Apr 30, 2024 12:53 pm

Thanks for the link. The situation discussed in there is a bit diferent to mine, but I can see the overlap.

So you believe there is no concern that I entered the country before the date on my T1 entry clearance? I'm just concerned that I'm flagged in the system as overstaying either my YMV or visa-less visitor status, which will cause problems for my ILR. Although, like I mentioned before, I've had replacement BRP and entered the country plenty of times since without hassle.

Is this even worth mentioning in my application? I have international travel ~50 days after I plan on applying for ILR, and will be using Super Priority, so I want to make things as straight forward as possible for my application to avoid any major delays.

dx_
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Re: Entered UK before entry clearance date after changing visa

Post by dx_ » Tue Apr 30, 2024 12:57 pm

I meant to say - I requested my basic Subject Access Request from Home Office to determine if that contains any flags or hints to possible disruptions, and now I'm waiting that long 30 days for that to be processed. Is there anything in particular I should look out for in that?

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zimba
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Re: Entered UK before entry clearance date after changing visa

Post by zimba » Tue Apr 30, 2024 1:32 pm

There should be no issues as far as I see. You cannot be an overstayer with valid leave as that makes no sense.
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dx_
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Re: Entered UK before entry clearance date after changing visa

Post by dx_ » Mon Jul 01, 2024 11:38 pm

Just to follow up on this - Successfully got ILR using Super Priority, with no issues with my above issue. I did not include a cover letter or give it any more consideration. I hope this is one more useful point for others that might find themselves in a similar situation.

AmazonianX
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Re: Entered UK before entry clearance date after changing visa

Post by AmazonianX » Tue Jul 02, 2024 3:27 am

dx_ wrote:
Mon Jul 01, 2024 11:38 pm
Just to follow up on this - Successfully got ILR using Super Priority, with no issues with my above issue. I did not include a cover letter or give it any more consideration. I hope this is one more useful point for others that might find themselves in a similar situation.
Thank you for the update and congratulations.

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