ILR & eGates - can they change visa status? And how to check?

[Bledlow]

My wife has just returned to the UK from a trip abroad. At Heathrow, she was directed to the eGates, & passed through without incident. She has a Japanese biometric passport, has ILR for the UK & a BRP.

BUT - she's seen references to eGates automatically giving a visitor visa to people in her situation & overriding her ILR. Is this possible? Could it have happened?

And how can she find out?

Different agencies, even within the Home Office, don't seem to talk to each other.

[alterhase58]

Can't really answer this question, except to say I have never heard of eGates changing status from ILR to visitor visa.
I have heard that border force officers have sometimes stamped passports for some reason or other but border force can't just change your status, overriding ILR for example. There has to be a reason for this. Not surprised you can't find anyone in the Home Office to address your query - there likely is no such procedure.

[zimba]

People with a residence permit in the UK who can also use the eGates will always be admitted as residents NOT visitors.
Overriding a residence permit or ILR status cannot happen to a resident with a leave to remain in the UK.

How will I be granted Leave to Enter if I’m coming to the UK with Indefinite Leave to Remain or a Tier 1 or Tier 2 visa?
You do not need to be granted Leave to Enter as your entry clearance or Biometric Residence Permit (BRP) already has the effect of granting you leave to enter the United Kingdom. You will not receive a stamp in your passport or a written notice following your use of the ePassport gate.

ePassport Gate Guidance: https://www.faster-uk-entry.service.gov ... teGuidance

[secret.simon]

I have never heard of eGates changing status from ILR to visitor visa.

The guidance given by @zimba above is at variance with the less-than-clear law on this point, which confuses matters even more.

I think the relevant law on entry via E-Gates is Section 8A and 8B of the Immigration (Leave to Enter and Remain) Order 2000, as amended.

Section 8A states
(1) An immigration officer may authorise a person to be a person who may obtain leave to enter the United Kingdom by passing through an automated gate.

But also

(2) Such an authorisation may—
(a)only authorise a person to obtain leave to enter the United Kingdom as one of the categories of person under the immigration rules mentioned in paragraph (5);
...
(5) The categories of person under the immigration rules mentioned in this paragraph are—
(a)a visitor (standard);
(b)a transit visitor;
(c)a parent of a Tier 4 (child) student.

It does not state what occurs if the the person entering the UK does not fall into the categories listed in Paragraph 5. Is it that such a leave is not granted, or that such leave is automatically granted, in which case, does it override ILR?

Section 8B is no help either. What is the effect of Section 8B if condition (d) of Paragraph 2 is not met?

(2) This article applies to a person who–
(a)is a national of a country listed in the Schedule;
(b)is travelling on a passport issued by one of the countries listed in the Schedule;
(c)is aged 10 or above; and
(d)is seeking to enter the United Kingdom as a visitor (standard) under Appendix V to the immigration rules or as an S2 Healthcare Visitor under Appendix S2 Healthcare Visitor of the immigration rules.

At the very least, Border Force officials manning the E-Gates should quickly question non-UK passport holders in the E-Gates queue if they are entering the UK as a visitor or on another visa and guide them to the appropriate queue (either E-Fates or a manned desk).

[YakovD]

The same issue has already been discussed here - general-uk-immigration-forum/epassport- ... 94566.html

However AFAIK you can't be granted a leave to enter as a visitor if you have an ILR. If you have a different type of leave, this is more controversial.

[zimba]

This says that the immigration officer may authorise someone who can obtain a leave to remain to go through eGate in order to obtain leave to remain under said categories but someone who has already obtained a leave to remain(e.g. ILR) does not need to obtain anything per se. What am I missing?

[Frontier Mole]

E-gates within the definition of the internal operational guidance can only confer leave or the right to enter to individuals that qualify under the routes outlined by Secret Simon in E-Gates is Section 8A and 8B of the Immigration (Leave to Enter and Remain) Order 2000, as amended.

For the massive majority of people the e-gates do the job they are intended for and meet the needs of the Home Office and the migrant.

HOWEVER, there are a frightening number of issues with the e-gates both technically and legally that are basically just ignored or brushed under the carpet. The e-gates are universally hated by the Border Force Officers and the Unions, they were brought in as a staff reduction method at a massive cost that will take many more decades before they recoup their costs (if ever). Staff are instructed to direct every migrant that can use the e-gates to do so and positively discourage personal presentations at the Principal Control Point ( the desk the officer is sat at)

Individuals with the ability to use the e-gates are readily directed there even if there is a requirement to have an entry stamp placed into their passport to activate the actual visa conditions they are entering under. Tier 5 migrants from the predominantly from USA are a regular example of being directed to the e-gates where they actually require a stamp in their passport.

There is a legal argument that cycles round and round about when an e-gate grants entry to those that already hold leave to enter or remain what is the actual legal position of that entry. For those that hold existing leave there is no doubt that the leave is administratively confirmed and that is the end of the process. The regulation is not written in plain English but the regulation was only designed to confer the right of initial entry through the e-gate for those visa free countries with e-passports and really nothing else. Therefore the leave that it technically grants is that under the visit visa rules and nothing more. The argument that has come from that is a little bit of an urban myth - does it overwrite existing leave - no it does not.

[Frontier Mole]

As a side point - once the e-visa system comes into use then there will be a viewable audit trail of entry available across the different parts of the Home Office. While people imagine this is available now, that is not the case. This will make the e-gates earn their keep properly as it should confer the activation of the e-visa and that will appear on the internal and external account of the migrant. Hence no more BRP cards for long term entry.

The exit data is already gathered for the majority for migrants leaving the UK from the information supplied from the carriers. If / once this is becomes internal / external account viewable then the audit cycle will be complete.

The other up or downside of e-visas is that they can be cancelled much more readily and action to prevent return of individuals will be pretty instantaneous. Your Sponsor reports you as no longer being employed and you are outside the UK say on leave - you will not be returning on a skilled work visa as it will be cancelled immediately as the system knows you are out of the UK.
Visa cancellation will perhaps actually happen in weeks rather than the many months it takes now.