IND 1919 Served - please advise

[Lotus]

Dear all,

I hope you will not mind in sparing me some of your valuable time for my query and I will appreciate for the same.

My Employer recently appealed against a WP original decision by HO and we were waiting for the reply. The HO advised my Employer that I can still continue working during the application process untill a decision is reached.

Meanwhile, during the course of this process, my Leave to Remain was nearing to an end and I sent in a FLR application with the Passports and relevant documents after an expert advice from this Forum. I did this in order to avoid illegal stay in the U.K. Therefore, basically both the Work Permit Appeal application and FLR applications were being dealt by the WP UK.

When I sent in the FLR application to WP UK, I did insistingly stress and made it clear to the WP UK that :

" "Whatever the outcome of the applications, please do not stamp in any "negative remarks" or "negative stamps" on the passport, instead a separate explanation letter will suffice""

Now, to my surprise and annoyance, I have recieved the Passport back with an "IND 1919" stamp in the Passport. I am not worried about the refusal but what I am not happy is the fact that, even after requesting the WP UK, not to stamp in the passport any "negative stamp", they have stamped in the "IND 1919" on my Passport. Also I have not yet recieved the Work Permit application result reply yet from my Employer, maybe it will come next week.

I am not sure as to what is going on and what this "1919" really means and if it is a negative remark then I am thinking of proceeding with a legal suit for a "disregard" to my initial request. However if it was a "Procedural" step of the WP UK then it is a separate issue.

Furthermore, if it is a "removal notice" then how long before I have to leave U.K. as I still have to finalise and do wrapping up because I have been living in the U.K. for 9 years now. Basically, I need some time.

I Will appreciate your expert advice.

Kind Regards,

Lotus

[British]

Hi Lotus,

More advices will follow shortly, i guess, but all i can to tell you is this: These things are very very common (even if it is a mistake by HO) at HO.

You are much better off, since at least there was some appeal going on with your WP process from your employer side, but if you look at several other cases, the HO has done blunders with people's lives and still shamelessly prosecute the potentially innocent victims.

If you read through this one particular (appalling) case, you will be surprised to see that the guy who had been given valid WPs, FLRs and even ILR by HO, later on they simply said none of his visas were valid and striiped him of his ILR.

http://www.immigrationboards.com/viewtopic.php?t=13753

I read somewhere else (in one US post i think) where members say that civil servants (like case workers) can do whatever mistakes, and it is always the victim that pays the price (even if he is innocent).

In one other case, posted in this forum, i read that a person was denied his British citizenship claim, even though he was entitled for it
Eventually, the guy won the case against the HO and the HO happily (shamelessly) accepted that it was a documentation mistake at the HO side, which led them to believe (for years together that the aplicant did not have the valid claim.

So, i guess, even if you sue HO in your case, winning against them is very very rare.

Remember, you are in their country! and since these HO's mistakes do not normally create panic for British people, there is hardly anyone who can pressurise HO to sort out their mistakes, and hence they happily continue to do blunders, which affect immigrant's lives.

Furthermore, if it is a "removal notice" then how long before I have to leave U.K. as I still have to finalise and do wrapping up because I have been living in the U.K. for 9 years now. Basically, I need some time.

I am not sure about this, but i guess it will be very difficult to ask HO for more time for you to wrap up things, beyond a 28 days period.
But maybe there will be some request process to buy some time.

Anyway, more relevant advise will follow for you i am sure, from other members, but i thought if i pointed you to the other threads of post, it may be a bit of comfort for you, momentarily.

[Lotus]

Thanks for the reply British,

Actually, I am not interested in the HO approving or disapproving the Application. What annoyed me was the fact that, even after requesting the HO that please do not stamp in any Stamp and they have stamped in an 1919 IND Stamp.

What I am also surprised is the fact that I have not heard of the Work Permit result yet and the result of the FLR came out first. Quite strange. I am waiting the reply from the Emplyer as to what is the Work Permit's Application result.

I am quite concerned with the 1919 Stamp in my Passport, simply because I do not have an idea of what it really is.

Come on HO please respect others Sovereignity because others do have there respect as well!!!

Regards

Lotus

[British]

Cheers Lotus,

Actually, I am not interested in the HO approving or disapproving the Application. What annoyed me was the fact that, even after requesting the HO that please do not stamp in any Stamp and they have stamped in an 1919 IND Stamp.

I would have been surprised of stuff like these a couple of years ago, but not anymore.

I am guessing the HO is trying to keep foreigners out of this country by any means, to make British public happy!

Of late, i have seen several cases, where the HO's blunders are severe.
So i guess, not doing something even though there has been a specific request, is not of surprise at all to me!
You will just have to bite the bullet with the way HO works.

If you read through some of the insulting/horror stories of family members struggling to get their tourist visas to visit their settled children in the UK, you will just not beleive it.

So, don't be unhappy with these things and just carry on with your life.
This is the way HO works.

As for the 1919 notice, i just googled for it and found no results

Have HO issued a notice with a notice number that does not even exist in their own law books

I guess, John might know more about these things. Wait for his comments.

[Dawie]

Home Office refusal marks in passports can have very annoying consequences. A friend of mine applied for an HSMP visa a few years back and initially his application was refused because of some confusion with the documents he provided as evidence. Unfortunately when they wrote to him asking him to resubmit his application, they returned his passport to him with a Home Office date stamp stamped into the passport (no other wordings) and an ink line drawn horizontally through the stamp. He subsequently reapplied and successfully got his HSMP stamp (this was back when they stamped the HSMP into your passport if you were a non-visa national).

However, that stamp with the line going through it caused him no end of trouble whenever he had to travel overseas and reenter the UK. Without fail every time he reentered the UK he would be help up at immigration ofr up to 30 minutes while they "did some further checks" despite having a perfectly valid HSMP visa. This was both inconvenient and quite embarassing. His only crime was that his initial application was refused and they had marked this refusal in his passport.

Needless to say, the only solution was to "lose" his passport and get a new one and have the HSMP visa transfered to the new passport. Since then he's had no trouble entering the UK whatsoever.

[British]

That's a nightmare Dawie!

and an ink line drawn horizontally through the stamp

Now as for the drawn line, if they had refused a HSMP visa/FLR, then what was teh stamp that they put this line on?? Was it on his existing valid FLR / Visa sticker which was valid when he initially applied for hsi HSMP?

That's ridiculos!!!!!!

[Dawie]

The stamp was a fresh stamp that the caseworker who was dealing with his HSMP application had stamped into his passport. Basically it was a Home Office stamp in the shape of a pentagon (or hexagon, I can't remember) and it simply had the date of the refusal in the middle of the pentagon. I think the words "Home Office" appeared above the date too. The stamp did not confer any sort of immigration status or leave to remain. It seemed to serve no other purpose than to indicate the current date.

At the time of his application for HSMP he had a valid work permit stamp in his passport which was not affected by the application. The work permit was just a stamp because this was when non-visa nationals simply arrived at the airport with their work permits in their hands without having to obtain prior entry-clearance.

[Lotus]

Well,

Very strange people. The kind of stamp which my Passport contains is indeed a Pentagon type with Home Office written on the top and IND next and the date next 1919 and lastly Immigration & Nationality Directorate.

If really, this kind of stamp does not exist in the Law Books of the HO then I can imagine what sort of people they are! Simply shocking!!

Lotus