Mother - Over 65 stranded in India wanting to return to UK

[Help77]

Hi All,

I hope someone will be able to help me and my family or advise me to go on the right path with this matter.

In essence, my mother flew out to India in July 07 and was attempting to board a flight back to Birmingham in Oct 07 and was refused entry onto the plane. She has been stranded in India ever since with distant family.

Some Facts:
- Mother has Indian Nationality and passport
- Mother had no Visa or ILR stamp in any of old or new passport (due to the emergencyof grandmother illnes no visa was obtained in UK prior to trip)
- Mother has resided in the UK since 1968 and is a state pensioner
- Mother has been to India once before in 1989 with Visa allocated in passport in India.
- Father is Brtish Citizen and so are all three sons born in UK
- Father left family home in 2000 and wherabouts are not known to retrieve any old Home Office paperwork relating to arrival in UK.

I have so much conflicting advice on what to do? I want to expediate her retun asap because of her health.

If anyone can help, it be very much appreciated.

Merry Christmas to you all.

[archigabe]

moving to appropriate forum...

[thsths]

In essence, my mother flew out to India in July 07 and was attempting to board a flight back to Birmingham in Oct 07 and was refused entry onto the plane. She has been stranded in India ever since with distant family.

Some Facts:
- Mother has Indian Nationality and passport
- Mother had no Visa or ILR stamp in any of old or new passport (due to the emergencyof grandmother illnes no visa was obtained in UK prior to trip)
- Mother has resided in the UK since 1968 and is a state pensioner

Are you sure that she has ILR? If so, the home office should have a record. You can try a freedom of information request to find out what her file contains.

If she has ILR, it should just be a formality to get it endorsed in her current passport. You need to make sure that the embassy and the home office communicate this case properly.

If not, she would be considered an illegal immigrant. There are a few options left, but you should absolutely seek professional advice before taking any further steps.

[vinny]

What type of UK visa did she have when she last entered the UK; was it in 1989? Does she still have her old passport? Was she Given leave to enter the UK for an indefinite period by the Immigration Officer?

[Help77]

Thank you kind people for your replies.

I think it is an excellent idea for me to see what is in the Home Office systems by requesting info via the Freedom of Information Act. I shall draft a letter, send to India for authorisation/signature then send to Home Office in Solihull or Croydon.

Apart from her current trip, she went to India in June 1989 and returned back to the UK in November 1989, her old passport shows she was issued with a Return of Resident Visa from Dehli in October 1989. The passport also holds a stamp by the Immigration Officer at Heathrow on arrival.

My mother has all her passports, old and new. I have obtained copies from India with me also, I have shown them to an Immigration Solicitor two months ago and he agreed that no passport holds the ILR stamp. His advice for the record was to collate all personal/historical documentation for her and sons and go to India yourself. I didn't feel this was a avenue to explore this early. He also suggested I pay nearly £1k and try the route of Sponsorship to get her back.

Currently, I have drafted a two page letter, basically explain background of case, pulled together birth certifcates/pports for sons, mums's medical records, letter from Family GP, household bills, bank records all to send to India next week. My family are taking my mum with this information to the Brtish High Commission in Dehli to obtain a Visa.

[vinny]

Apart from her current trip, she went to India in June 1989 and returned back to the UK in November 1989, her old passport shows she was issued with a Return of Resident Visa from Dehli in October 1989. The passport also holds a stamp by the Immigration Officer at Heathrow on arrival.

See also Annex 1.5 Examples of UK immigration service stamps. What did the stamp given by the Immigration Officer look like, exactly? What were her landing conditions? If possible, it would be helpful to see a scan of the visa and stamp.

[Help77]

I have looked on the Chapter 1 Annex 5 list

It is exactly the picture of stamp which says:

"An Immigration Officer's date stamp without endorsement.
Used when a returning resident is give leave to enter where an
indefinate leave stamp is already present in the passport, or
a person exempt from control is admitted. The police registration
provisions do not apply to holders of this endorsement, and no arrival
number wll be inserted"

Reading this statement, has got me thinking!! I have gone through all the passports, and the first ever stamp she got at London Airport was back in October 1968. It shows the stamp with words -Immigration Officer, number, date and location but their is an endorsement under the square stamp but it has not come through when the stamp was applied to the page. The words I can just about make out say 'ADMITTED _ _ _ _ _ _ THAT STAY'

I have just put these in _ as a guess of gaps. There are a couple of words just not printed.

This maybe a red herring!! Or as the statement says above, could she fall into the category 'a person exempt from control'. What type of stamp would determine this?

I have scans of all passport pages sent from India. I'm not sure how to add these. Could I e-mail them?

There was no landing conditions stamp or details with the immigration officers stamp in Nov 1989 when she first ever went and then came back to UK, just shows location as Heathrow (3). Only on the Return of Resident Visa does it say it is Valid for presentation at a United Kingdom port/within 6 months from the date of issue.

Thank you again.

[vinny]

She must have initially entered the UK under the Commonwealth Immigration Acts 1962 and 1968.

I think it is unlikely that she would be treated as a person being exempt from control.

However, her "Return of Resident Visa" coupled with the lack of conditions on her Immigration Stamp does possibly suggest that she was treated as a returning resident. Her status would have been clearer if she was stamped with "Given leave to enter for an indefinite period" as well.

See also Chapter 22 - Passports and Travel Documents, Section 5 - Endorsements and date stamps

Perhaps more significant, does she qualify for the Right of Abode based on her marriage?

[Help77]

1. You were a citizen of the United Kingdom and Colonies at any time before 1 January 1983, and had been living in the UK for five continuous years or more without a break. During that period, you met all the terms of the immigration laws and, at the end of that period, you did not have any time limit on your stay.
2. You were a citizen of the United Kingdom and Colonies and were then, or had previously been, the wife of a man with the right of abode in the United Kingdom

Reading through the Right of Abode literature, I think she does meet the above criteria. I was able to locate in the house, my fathers two old passports when they first came over. In his both passports, he has a stamp worded in purple letters 'Brtish Subject : Citizen of the United Kingdom and Colonies'
In my humble opinion, this should support a claim for right of abode. Would you agree?

Do I advise my family in India to complete a right of abode form VAF7 and take it to the Brtish High Commission instead of applying for a Visa.

My only concern is that my mum does not hold any documents relating to a marriage certifcate, birth certificate and my father not on the scene to corroborate any of this information. I will send over his old passports. A plus point she does have, is that in her old/new passports it does show that her husband is a British subject.