Indefinite Leave to Enter

[homesick_american 1]

Yeah but just because you don't pay NI contributions or claim benefit isn't a sure fire way to prove you didn't live there. You could not be working, etc.

I didn't say it was a sure fire way but it gives the immigration officer a good idea. They can then decide to do a more detailed secondary interview on a more formal basis and a baggage search. No doubt if you live in the USA your return ticket would tell them when you are going back and they might think that strange if you have ILR. By the way not having a printed ticket but a e-ticket the ticket details are still readily available.

One point to bear in mind with UK immigration. The immigration officer does not have to prove you are in breech of your visa conditions it is only necessary that they think you are. On that alone the Chief Immigration Officer on duty in the terminal has the authority to refuse you entry and stamp and mark your passport with a permanent record of the refusal.

Now as I said experience says there is a very slim chance of that happening but you did ask the question and all I'm doing is making you aware of what goes on should you unfortunately find yourself in circumstances where the information might be useful.

It's definitely a risk. Wouldn't it technically constitute fraud?

[kins 0]

One point to bear in mind with UK immigration. The immigration officer does not have to prove you are in breech of your visa conditions it is only necessary that they think you are. On that alone the Chief Immigration Officer on duty in the terminal has the authority to refuse you entry and stamp and mark your passport with a permanent record of the refusal.

The immigration officer can also stamp your passport with a tourist stamp totally by accident... which is what happened to my husband years ago. It took him months to get his ILR back, during which time he couldn't work or claim any benefits. It was a total nightmare.

He has since got himself a UK passport, and although that wasn't the most fun process it was much easier than this whole green card shebang. He did make sure not to send his US passport off to the Home Office though - they had a reputation at that point for keeping hold of foreign passports for much longer than needed. He told them he'd lost it, and they accepted some other documents instead.

[Lansbury 19]

Yeah but just because you don't pay NI contributions or claim benefit isn't a sure fire way to prove you didn't live there. You could not be working, etc.

I didn't say it was a sure fire way but it gives the immigration officer a good idea. They can then decide to do a more detailed secondary interview on a more formal basis and a baggage search. No doubt if you live in the USA your return ticket would tell them when you are going back and they might think that strange if you have ILR. By the way not having a printed ticket but a e-ticket the ticket details are still readily available.

One point to bear in mind with UK immigration. The immigration officer does not have to prove you are in breech of your visa conditions it is only necessary that they think you are. On that alone the Chief Immigration Officer on duty in the terminal has the authority to refuse you entry and stamp and mark your passport with a permanent record of the refusal.

Now as I said experience says there is a very slim chance of that happening but you did ask the question and all I'm doing is making you aware of what goes on should you unfortunately find yourself in circumstances where the information might be useful.

It's definitely a risk. Wouldn't it technically constitute fraud?

Not sure if it's a fraud or not. But if they get caught it would almost certainly result in the ILR visa being cancelled and would I believe require a visitors visa for any future visits. The immigration officer uses their stamp to stamp the passport and then puts a cross through the stamp to signify a refusal, and an entry goes on the Immigration Warning Index which is the computer that the passport is swiped through when you arrive in the UK. After that you are going to have problems every time you land.

I agree with you it isn't worth the risk and quite easy to a new UK visa if needed in the future. But each to their own choice.

[homesick_american 1]

I agree with you it isn't worth the risk and quite easy to a new UK visa if needed in the future. But each to their own choice.

I'm with you on that one.

My passport expires in September...it has my ILR visa in it and I have no plans to have a new one put in my new passport. I'm just going to ignore it and when I re-enter the UK with my new passport, they'll stamp me in as a tourist and that'll be the end of it.

UK immigration is MUCH easier than US immigration, but UK immigration officers are not idiots and they're not pushovers.

[Converse34 1]

So isn't possible for people to have residency in both countries? I just don't see any benefit in voluntarily giving it up when the worst they would do is take it away anyways.

[homesick_american 1]

So isn't possible for people to have residency in both countries? I just don't see any benefit in voluntarily giving it up when the worst they would do is take it away anyways.

No; you can't be a permanent resident of the UK if you don't live there.

Taking it away is not necessarily the worst they would do. Seriously...you're being very stubborn over something that is easy to get.

[Converse34 1]

I'm not being stubborn. I'm analyst, I evaluate and think of all possible options before making a decision. That is all.

[no name 1]

I'm not being stubborn. I'm analyst, I evaluate and think of all possible options before making a decision. That is all.

Lansbury already said what happens & he worked next to immigration. You've been told technically it's not legal & you can get in trouble. There's no analysis involved.

But if they get caught it would almost certainly result in the ILR visa being cancelled and would I believe require a visitors visa for any future visits. The immigration officer uses their stamp to stamp the passport and then puts a cross through the stamp to signify a refusal, and an entry goes on the Immigration Warning Index which is the computer that the passport is swiped through when you arrive in the UK. After that you are going to have problems every time you land.

Edited June 2, 2007 by devilette

[homesick_american 1]

I'm not being stubborn. I'm analyst, I evaluate and think of all possible options before making a decision. That is all.

I'll just say this...I would never take the risk you're taking. But it's your life.