Tier 1 to ILR - entry through Ireland issue

[scarfaceclaw]

Hi all

I have what might be a rather strange situation.

I am currently in the UK on a Tier 1 (General) visa, which I'm about to apply to extend (it expires in October this year).

My visa was granted for 3 years from 15 October 2008. With the extention, that will take me up to 5 years to apply to ILR.

The issue is that when I came to the UK, I went to Ireland first for a friend's wedding. I flew into Gatwick on 31 October. But, at Gatwick flights from Ireland do not go through immigration, and as a result my visa was not stamped at the time.

I only really realised this issue when I went on holiday in March 2009 - at that point the immigration officer asked me how long I'd been in the UK, and I explained the issue of coming through Ireland. He then stamped my visa then, so the visa stamp in my passport says March 2009.

I'm concerned that this is going to create problems for my application for ILR in the future (if I decide to apply of course), because from the Border Authority's point of view it won't seem like I've been in the country for the required 5 years to apply for ILR.

Does anyone have any thoughts/advice??

[Greenie]

you will need to provide other evidence of your entry into the uK visa Ireland, e.g. boarding pass, proof of flight booking etc and then other evidence that you were resident in the Uk from the earlier date

[xyz123]

seems very strange. what you are describing means anyone can enter UK through Ireland without border authorities knowing.....

keep as many documents as you can and then sit tight! ILR rules are subject to change in next year or so, hence no point worrying about this now. just keep the documents (wedding invitation, photos, boarding pass, ticket, frequent flyer miles etc)

[scarfaceclaw]

Yeah it is strange, I know! It's something to do with Ireland being a 'frequent travel zone' - same as the Channel Islands. There was a specific entrance for arrivals from those places, I guess I should have gone through the other 'arrivals from the EU' entrance when I got off the plane, but I didn't know they wouldn't check my passport through the Ireland/Channel Islands entrance! An Irish guy at my work said that Ireland is a popular stopping point for illegal immigrants to the UK for that reason...

I didn't know they're planning on changing the rules with ILR, will look into it thanks. I think I still have a lot of the docs, invitation etc, I tend to hoard stuff.

Only thing is that I'm probably going to have to try to explain this now - the application form for a Tier 1 extension asks you when you arrived in the UK, and since the stamp on my visa says March 2009 rather than Oct 2008 I can see them rejecting my application.

[nirmal_kishore]

Hi
I am in exactly your situation although I do have the e-ticket etc to prove and my payslips from that time. entered from Ireland in June 2007, no stamp, travelled to India and back in October 2007, about to apply for ILR based on original entry date as opposed to the stamp.

Did you eventually get your ILR?

thanks
Nirmal

[linkers]

scarfaceclaw: as nirmal_kishore suggested, I would also advise you can prove your residence both at the time of Tier1 Ext and ILR by the following:

Try to find the evidence of your first travel, like ticket, boarding pass or any other booking reference.

• Your payslips in UK to prove that you were in UK throughout this time.

• A letter from your employer that you were physically in the UK throughout this time and working for them.

• Documents covering all this period like bank statements, driving test, letters from NHS or Utility Companies.

You might not need any of these but it’s better to be safe than sorry.

[LankanFunkin]

Similar issue here.

I simply pointed out the page which had the Ireland entry stamp. I also had a print out of the itinerary as a backup, but the caseworker was satisfied with my explaination and moved on.