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strange case of somebody with ILR

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Directive/2004/38/EC
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strange case of somebody with ILR

Post by Directive/2004/38/EC » Thu Oct 22, 2009 3:49 pm

A neighbour of ours apparently has ILR, maybe.

There is an stamp in his passport that says he has ILR. One of the UK border people apparently stamped it there several years ago, though I am not sure if it was at the border or while the passport was with (what is now called) UKBA.

The strange thing is that he has never applied for it. And he has been in the UK as an employee of the UN, and so I believe has been out of the normal UK immigration system.

Does this make sense that he has ILR? Does the stamp mean he actually definitely has ILR, or could you have the stamp (e.g. by mistake) and not have ILR? I am quite sure there was no fraud involved...
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UKBAbble
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Re: strange case of somebody with ILR

Post by UKBAbble » Thu Oct 22, 2009 4:04 pm

Directive/2004/38/EC wrote:A neighbour of ours apparently has ILR, maybe.

There is an stamp in his passport that says he has ILR. One of the UK border people apparently stamped it there several years ago, though I am not sure if it was at the border or while the passport was with (what is now called) UKBA.

The strange thing is that he has never applied for it. And he has been in the UK as an employee of the UN, and so I believe has been out of the normal UK immigration system.

Does this make sense that he has ILR? Does the stamp mean he actually definitely has ILR, or could you have the stamp (e.g. by mistake) and not have ILR? I am quite sure there was no fraud involved...
Can you describe the stamp? If it mentions the words 'indefinite leave to enter' it was no doubt a mistake. UN employees here in an official capacity are/were exempt from control and should just have the date stamp in their passport or the HO sometimes endorsed the passport with a stamp which said something like 'at the present time there is time-limt on the holder's stay'.
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sat Oct 24, 2009 11:43 pm

It is in fact 'indefinite leave to enter'. It was apparently stamped at the airport in 1992, an almost impossibly long time ago.

So does that mean he has it because he has the stamp in the passport?
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UKBAbble
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Post by UKBAbble » Sun Oct 25, 2009 12:23 am

Directive/2004/38/EC wrote:It is in fact 'indefinite leave to enter'. It was apparently stamped at the airport in 1992, an almost impossibly long time ago.

So does that mean he has it because he has the stamp in the passport?
Yes it's still valid.
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Oct 25, 2009 1:31 pm

So even though it was likely put in the passport by mistake, the ILE is still valid? That seems weird to me. Interesting though.
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AntCoe
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Post by AntCoe » Thu Oct 29, 2009 12:40 pm

be very carefull at the boarder control. i know of examples where they have taken away a person's ilr because it was given to them by mistake.
this is a typical question that a ukba will ask.....(routine)

on what basis did you get your ilr?? then what.....
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vinny
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Post by vinny » Sat Oct 31, 2009 11:50 am

Chapter 14 - Persons exempt from control
Section 5 - Endorsements and date stamps

Persons exempt from control shouldn't be issued with ILE.
Persons exempt from control wrote:7. On-Entry

7.1 Endorsement in passports of persons exempt from control

The passport of a person who is exempt from control should normally with an open date stamp on each arrival by an immigration officer.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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Mrs Khan
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Post by Mrs Khan » Fri Nov 06, 2009 5:17 pm

Normally UN employees (if he is from other country) hold a UN passport & they dont need any visa they are exempted.

If this person has got ILR stamp by mistake in 1992 & remain out side UK for more than two years time & didnt make entry in UK , the ILR become Invalid.
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri Nov 06, 2009 7:33 pm

Mrs Khan wrote:Normally UN employees (if he is from other country) hold a UN passport & they dont need any visa they are exempted.

If this person has got ILR stamp by mistake in 1992 & remain out side UK for more than two years time & didnt make entry in UK , the ILR become Invalid.
The person has a normal country passport.

They have been in the UK continuously (except for vacations) as far as I know.
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