Will it all end in tears?

[RobinLondon]

Here's an unusual question...

I've just checked the performance statistics at the IND website. It seems like for the most recent month (December 2006), only 53% of postal applications were decided within 20 working days.

So this is my problem. I submitted my straight-forward FLR(O) application by post on 14 February anticipating that it would be returned to me by the middle of March. Now I'm not so sure. I most definitely need to leave the country on the 31st of March to return on the 9th or April. Given that this is an Ancestry application, the HO now have my Canadian passport with all my documents. To be safe, I made a photocopy of my passport data and visa page. I also have a complete copy of my Home Office file that I got via a Subject Access request.

So here's my question. If I don't get my Canadian passport back in time, can I travel on my US passport and re-enter the UK with it and with photocopy proof of my Canadian and UK ancestry status? I'm loathe to rescind my FLR(O) application due to the cost.

It's a bit of a complicated question. But given that all my information should be on the immigration officer's computer anyway, and I have photocopies of my Canadian passport and still-valid leave, and a valid US passport, and my Home Office file...will they let me in?

I know that this seems ill-planned, but I'm doing a lot of travelling in the next few months. When I submitted it, I thought that this would be the best solution apart from an in-person application. Foolish me.

[British]

But given that all my information should be on the immigration officer's computer anyway

Nope, i would not jump to that conclusion straight-away. It seems that the documentation links that HO and Immigration officers have, are all screwed up!

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

I also have a complete copy of my Home Office file that I got via a Subject Access request.

Hmm, the guy in the other post had the same thing (all of his WPs/FLRs/ILR) , but you know what happened??? The Immigration officer showed to him a completely non-existing (in the HO files) WP/letter to prove he was illegal Ha! Ha! (although it was later proved in court that the document the officer showed him was a wrong / fake document in the Immigration officer's computer!!!!)

I would suggest you wait for your canadian passport with the UK stamp of Ancestary visa / FLR in it!

But of course, if you are feeling too lucky , you may travel with with just the photo copies of those.

[JAJ]

So here's my question. If I don't get my Canadian passport back in time, can I travel on my US passport and re-enter the UK with it and with photocopy proof of my Canadian and UK ancestry status? I'm loathe to rescind my FLR(O) application due to the cost.

It's a bit of a complicated question. But given that all my information should be on the immigration officer's computer anyway, and I have photocopies of my Canadian passport and still-valid leave, and a valid US passport, and my Home Office file...will they let me in?

I think you need to find out whether leaving the UK would constitute an abandonment of your FLR application.

[RobinLondon]

Thanks, British and JAJ. Ideally I would wait until I have received my passport w/FLR back, but the travel is required. I did quite a bit of prior research using the available material on the IND website concerning both the issues of (1) entering the country without presentable valid leave and (2) the effect of leaving the country whilst a FLR application is in progress. Unfortunately, I haven't been able to find official documents (e.g., IDIs, etc.) that speak to these particular issues. My situation is complicated by the fact that I do have current, valid leave (it's just sitting in my passport at the HO!) and that I have another valid passport that affords visa-free entry to the UK.

I'll try to find out about whether the FLR application is cancelled, although I fear that will be a dubious exercise. Regardless of what answer is given, I'm not sure how much confidence can I give to the answers provided by the IND advice line.

[RobinLondon]

Just as an update, I just rang up the IND enquiries hotline and put to them the question that I asked here. The worker there informed me that such situations were at the discretion of the Immigration Officer at the port of entry and could not be determined by the Home Office per se. However, he did give me the number of Immigration at Heathrow Terminal Three, and suggested that I ring them up and ask them. He also told me that travelling out of the country would not invalidate my FLR application.

So I did that. After explaining the issue to the Duty Chief Immigration Officer there, he told me that I wouldn't have a problem. Given the preponderance of evidence that I was able to offer ("You're a model passenger there, mate!"), they would just put a temporary code 1 stamp into my US passport with limited validity. Until I got my Canadian passport back, I could just use my US one. This situation only works, though, because I had a second visa-free entry passport, my current LTR is still valid, I have a copy of that current LTR, and I can prove my on-going application through the acknowledgment letter from the Home Office.

Whew! That takes a lot of worry of my mind.

[British]

He also told me that travelling out of the country would not invalidate my FLR application.

But are you sure that travelling back into the country with a new limited leave to remain, would not validate the existing ancestary LTR, since this new temporary (as they call it!) LTR will be the latest status for you as an immigrant (irrespective of the fact that you are switching betwwen two passports).

Anyway, if all that will really work, good luck to you! But just be careful with these immigration officers, anyway.

Their documentation in their computers does not seem to be in sync with the ones at HO, for some reason, like i had described in my earlier post on a particular ILR case.

Good luck and keep us informed on how it all was (hopefully good!) on your way back into UK.

[RobinLondon]

The Chief Immigration Officer told me that the stamp would be "temporary" in the sense that if would provide evidence of my current valid leave whilst my other passport was with the Home Office. He said it would just be a stamp that says something like "The holder has leave to remain that was granted on XX/XX/XX by XXX and expires on XX/XX/XX". It wouldn't replace the other leave. It would just mirror it and give the same conditions until the HO issue a new FLR that supersedes them both.

Gosh. Complicated, innit? But I love living in this country, so I guess when it comes down to it, it's all rather worth it.

I'll keep you posted though. And as you say, British...I'll be very cautious!

[VictoriaS]

I think you are on a winner.

As far as I can see, the application is not withdrawn by you leaving the country, only by you withdrawing the passport from the Home Office. If you have been given that info by the IO at your port of entry, I would take that as good advice.

Good luck!

Victoria