ILR with problem to show the duration when out of UK

[LouisTsui]

Dear all,

On 11/09/2007, I will be qualified for ILR under the 10 years lawful stay (student) category. During last ten years, I have been away from UK for few times only, and each of which is less than 2 weeks (except a 2-months away in 1998) so I don't think I have spent more than 18 months out of the UK.

However, I have trouble to show the duration of my 2 holidays that I went home (Hong Kong). It is because when leaving from UK airport my passport was not stamped, and when I arrived in HK I use my HK ID card instead of my passport so it was not stamped either. But I have my passport stamped in UK airport when I returned from HK. I can show the duration of my other holidays via some documents or flight tickets, but I got nothing for those two holidays I mentioned earlier.

Would HO refuse my application because of this?

Many Thanks

Louis

[Christophe]

Do you have anything such as bank statements that would indicate your presence in the UK (e.g. withdrawals from automatic teller machines) for the periods in question (apart from the time outside the UK, of course)? Alternatively, would student attendance records help, if they can be obtained of if the school or college could provide a letter saying that you were actually physically attending courses?

[Dawie]

I would not expect you to have any problems with the Home Office. The UK does not stamp anyone's passport when they leave the UK and many countries do not stamp their citizens' passports (or ID cards) when they return to their home countries. Consequently trying to work out the travel patterns of a foreigner who is resident in the UK by looking at the exit and entry stamps in their passport is nothing more than an educated guess.

If there are missing stamps the benefit of the doubt will be given to you in any case.

[LouisTsui]

Here is more information.

VISA:
11/09/1997->31/07/1998 (obtained at airport)
13/09/1998->30/09/2000 (obtained at airport)
21/11/2000->31/10/2001 (obtained at Home Office)
13/01/2002->31/10/2003 (obtained at airport)
05/12/2003->30/01/2005 (obtained at Home Office)
06/01/2005->28/02/2008 (obtained at HK)

Away:
20/12/1997->03/01/1998
26/06/1998->04/07/1998
05/07/1998->13/09/1998
xx/xx/1999*->04/09/1999
12/12/2001*->13/01/2002
14/04/2004->19/04/2004
30/12/2004->17/01/2005
20/09/2006->24/09/2006
*departure date estimated or unknown

Do you have anything such as bank statements that would indicate your presence in the UK (e.g. withdrawals from automatic teller machines) for the periods in question (apart from the time outside the UK, of course)? Alternatively, would student attendance records help, if they can be obtained of if the school or college could provide a letter saying that you were actually physically attending courses?

No, not really, all I could find for my holiday in 1999 is some of my AS level exam transcript shown that I have took some exam in Summer/June 1999. One thing is that I have extended the visa at home office in 2000, surely I have shown some previous attendance record in order to extend the visa but I could not find a copy of that.

There is quite a big gap between my 3rd and 4th visa. I believe I sent my visa extension application to HO way before my 3rd visa expired on 31/10/2001, but on 12/12/2001 I still haven't received my passport back. I decided to go to HO to withdraw my application/passport, therefore I could went home on that holiday as I have promised to my parents. (Not a clever move, I know) I have a letter from HO shown that I withdrew my application dated 12/12/2001, so I guess I could use this to prove the estimated date for my 5th away.

Come to think of it, would the gap between my 3rd and 4th visa affects my ILR application?

Many Thanks in advance

Louis

[LouisTsui]

I would not expect you to have any problems with the Home Office. The UK does not stamp anyone's passport when they leave the UK and many countries do not stamp their citizens' passports (or ID cards) when they return to their home countries. Consequently trying to work out the travel patterns of a foreigner who is resident in the UK by looking at the exit and entry stamps in their passport is nothing more than an educated guess.

If there are missing stamps the benefit of the doubt will be given to you in any case.

I really wish this is the case.

In fact, should I apply my ILR in person or by post? I don't think my case is straightforward, but I really wish I could get this done asap.

[sakura]

I suggest you take a look at this: http://www.immigrationboards.com/viewtopic.php?t=17005 same issue...

[LouisTsui]

I suggest you take a look at this: http://www.immigrationboards.com/viewtopic.php?t=17005 same issue...

Thanks for the link.

After reading more previous posts of similar cases, it appears to me that gaps between visa is a big problem. But I have always been a student, would that make any different? Very worry now.

Louis

[jes2jes]

I suggest you take a look at this: http://www.immigrationboards.com/viewtopic.php?t=17005 same issue...

Thanks for the link.

After reading more previous posts of similar cases, it appears to me that gaps between visa is a big problem. But I have always been a student, would that make any different? Very worry now.

Louis

Well, when you first posted, I thought it was a straight forward thing. Well, your first point of call is SAR via the BIA. Then go through it to see whether this action:

I decided to go to HO to withdraw my application/passport, therefore I could went home on that holiday as I have promised to my parents. (Not a clever move, I know) I have a letter from HO shown that I withdrew my application dated 12/12/2001, so I guess I could use this to prove the estimated date for my 5th away.

Stopped the clock or not. You would have to prove ties to the UK when you withrew your visa application in the first place and re-applied in HK.
Tough call but all things are possible. Come back when you get your SAB Request back.

[b]NB: Can I kindly ask John, the other Moderators or the Admin to pin one of these post on the LR so that people can read or post there since the same questions keep being asked over and over again. [/b]