Can home office cancel ILR

kkarank · Post by **kkarank** » Fri Mar 16, 2007 7:15 pm

I have an ILR and have had it for the past two years

however everytime i leave UK and come back i get stopped at the immigration and they ask me if i ever had trouble with immigration before.And i say no - last time i thought i might ask the immigration officer as to why i get stopped everytime i reenter the UK.

He mentioned that there is someone with the same name and date of birth as me and whose leave to remain was cancelled around the same time as my ILR was approved.

I now want to apply for citizenship but not sure if they will create problems on this ??i got my ILR from the HO in croydon and have had no correspondence with the HO about any issues with my ILR

Christophe · Post by **Christophe** » Sat Mar 17, 2007 11:50 am

I'd have thought that problems would be less likely with a naturalisation application than they are at an entry port into the UK because although your name and date of birth might be the same as this other person's, your other details (passport number, possibly nationality, immigration history, parents' details, etc) will be different, and all of this information will be more readily available to people making nationality decisions that it is to a passport control officer at an airport or wherever. Also, you can take some comfort from the fact that although you might have been questioned at the point of entry you have never been denied entry or, from what you say, seriously delayed.

mahil_2000 · Post by **mahil_2000** » Sat Mar 17, 2007 12:17 pm

Infact, even though you have the same name. They usually check, if you are the right person by the Place of birth. So, there shouldn't be a problem really.

samkma · Post by **samkma** » Sat Mar 17, 2007 2:04 pm

The Immigration Criteria to verify person with same name and date of birth is as below
If Names and surnames are same then the date of birth is checked and if they match place of birth is verified at the same time the name of Father and mother are checked as a last option to see you are not the same person.
That is why new methods such as electronic finger prints and iris prints are to be taken in the near future.

kkarank · Post by **kkarank** » Sat Mar 17, 2007 9:58 pm

well given the state of the home office i am not sure what to expect !! thing is i am planning to go to france on 28th march,07 and am in two minds if i should apply for citizenship before i leave or shall i wait till i come back to the UK and then apply.

problem is the fees are getting doubled from 1st April but if they do find a problem at least i will be within UK to handle that !

Marco 72 · Post by **Marco 72** » Sun Mar 18, 2007 2:20 am

Don't forget that you have to be in the UK when the application is received by the HO. The people at the NCS usually ask you if you are planning to leave the country in the following five days. So if you decide to apply before the introduction of the new fees, you don't have much time left.

Dawie · Post by **Dawie** » Sun Mar 18, 2007 11:15 am

Marco 72 wrote:Don't forget that you have to be in the UK when the application is received by the HO. The people at the NCS usually ask you if you are planning to leave the country in the following five days. So if you decide to apply before the introduction of the new fees, you don't have much time left.

It's true that you have to be in the country when the application is received by the Home Office, however in reality there is no way for them to know whether or not you are actually in the country at the time.

vin123 · Post by **vin123** » Sun Mar 18, 2007 8:03 pm

It's true that you have to be in the country when the application is received by the Home Office, however in reality there is no way for them to know whether or not you are actually in the country at the time.

This is actually asked not to find out whether the person concerned is in the country or not, but there could be a situation where his immigration status could be invalid when he is not in the country, hence the whole naturalisation application itself might be void.

Also, you are mistaken, there are lot of ways to find out if a person is in the country or not, but what criminals usually do is 'escape' on fake passports from foreign countries which makes it difficult to track and confirm their presence within the police/immigration systems in the UK.

Docterror · Post by **Docterror** » Sun Mar 18, 2007 11:17 pm

vin123 wrote:Also, you are mistaken, there are lot of ways to find out if a person is in the country or not, but what criminals usually do is 'escape' on fake passports from foreign countries which makes it difficult to track and confirm their presence within the police/immigration systems in the UK

As UK does not have a system in which the exits are recorded on a system, I was under the impression that the police/immigration had no way of knowing whether a person in question is actually present in the country or not. So, unless the Home Office sets out specifically to find out about a person, how can they know whether the person is in UK or not?

Post by **JAJ** » Mon Mar 19, 2007 2:03 am

vin123 wrote:This is actually asked not to find out whether the person concerned is in the country or not, but there could be a situation where his immigration status could be invalid when he is not in the country, hence the whole naturalisation application itself might be void.

Naturalisation is not void just because one of the statutory requirements happened not to be met. Incidentally, a person resident in the UK who is temporarily absent may apply for naturalisation at a British diplomatic mission (although many diplomatic missions don't understand this).

Dawie · Post by **Dawie** » Mon Mar 19, 2007 10:20 am

vin123 wrote:Also, you are mistaken, there are lot of ways to find out if a person is in the country or not, but what criminals usually do is 'escape' on fake passports from foreign countries which makes it difficult to track and confirm their presence within the police/immigration systems in the UK.

I am not mistaken at all. When you leave the UK no record is made by the immigration services of your departure. There are no formal embarkation controls, although there are occasional spot checks to catch overstayers but these have nothing to do with recording who leaves the country.

Consequently the Home Office cannot find out if you have left the country.

vin123 · Post by **vin123** » Mon Mar 19, 2007 12:09 pm

What I was suggesting is, "its easy to find" if a person is in country or not though they(HO) may not be formally recording exits made on individual as per the immigration status.

Dawie · Post by **Dawie** » Mon Mar 19, 2007 12:19 pm

vin123 wrote:What I was suggesting is, "its easy to find" if a person is in country or not though they may not be formally recording exits made per individual basis as per their immigration files.

Sorry to be pedantic, but without records of people leaving the country, how exactly how do you propose that it is easy to find out if a person is in the country or not? Do you think there is some magical database that the Home Office can just type your name into and get an answer about whether or not you are in the country?

vin123 · Post by **vin123** » Mon Mar 19, 2007 12:57 pm

A person who is not in the country doesn't mean that he has left, if you apply the same analytics to that question ("whether you are in country after 5 days") as any body is free to leave anywhere, for the purpose of matching identity and someones true existence 'on a date', answering YES to that question in verbal and written form holds good.

This is of course by not spending much of taxpayers money for HO' on immigration status & identity verification for Naturalisation but Mr G Brown is anyway lavish on spending in this area and pretty much advanced as far as combating identity fraud and tracking people. This is what I mean by saying "its easy".

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Can home office cancel ILR

Can home office cancel ILR