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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hello, I will hopefully be applying for ILR in August. Unfortunately,

Customer Question

Hello,

I will hopefully be applying for ILR in August.

Unfortunately, my passport got stolen in 2011 and therefore, I dont have the dates for my travel history.

I obtained letters from the school and university stating that I was a full time student with them. In addition, according to my memory, I was away on vacation at approximately 6 weeks a year. Is it sufficient for me to provide the letters from school and university and also state in the cover letter that I was away for about 6 weeks a year?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your question.

You will have to explain in your covering letter why you cannot provide precise dates for your time outside united kingdom. Having lost your passport is one of the most common reasons for this.

If you lost your passport and you considered that it was stolen you should also produce evidence of a crime reference number you receive want to reported it.

You will also be expected to show the effort that you have made in attempting to establish as far as you can the precise date that you were out of the united kingdom. Records from your school and a statement from you and others confirming the dates are also useful. You should consider whether or not you can look at your bank statements to see if you withdrew money from outside the united kingdom as a way of giving you further indication of your dates

Provided that you are able to produce evidence for the times when you were out of the united kingdom and provide a sworn statement before a solicitor stating that there were no other times outside of the united kingdom can you should still be fine and receive your indefinite leave to remain.

If this is useful please kindly rate my answer
Customer: replied 3 years ago.

I did the following to date:


1) I submitted a Subject Access Request in order to get any landing cards and all I got were two landing cards.


2) I got letters from school and University to prove that I was a full time student with them. They have no records of when I went on holidays.


3) I obtained a police report regarding my stolen passport.


4) There is nothing on my bank statements to help me establish dates abroad.


 


Is this sufficient to explain in my cover letter?

Expert:  Thomas replied 3 years ago.
Hi

Yes, that is a good start. Make sure you make some aware of those efforts in your statement. Your statement should be a detailed chronology of the situation together with a list of the times that you outside of the united kingdom. This should be in the form of a statutory declaration. You can then swear declaration in from to the solicitor for £5.

Please remember to write my answer once you are finished.

Kind regards

Tom
Customer: replied 3 years ago.

Since I cant break them down to specific dates, would it be better to break them down to Christmas break, Easter Break and Summer Break? In other words, 1 week Christmas, 1 Week Easter and 4 weeks summer etc..

Expert:  Thomas replied 3 years ago.
Hi

It would be much better to provide approximate date. Provide what you think is your best guess and then stayed if you think you might be a couple of days off either side of the dates that you pick. The most important thing is to get the amount of days correct or as accurately as you possibly can.

Tom
Customer: replied 3 years ago.

So if I say the following for example:


 


Date Left the UK: 25/08/2006 (chose this day because after University ended, I would go and stay in London with my brother for about a month before I return back to Dubai)


Date returned to the Uk: 01/10/2006 (University used to always start either end of September or beginning of October)


 


Is that sufficient?

Expert:  Thomas replied 3 years ago.
Hi,

Yes, but you need to state in your statement that these dates are you best estimate and that it's possible that there is a tolerance of error (eg + or - 7 days, for example) either side of the date that you give.

Please remember to rate my answer.

Tom
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Customer: replied 3 years ago.

Hi Tom,

 

Looking through my bank statements I actually found some overseas transactions, which would be helpful. Would it be ok to do the following:

 

First day outside the UK: 1/1/2006

Day Returned to the UK: 15/1/2006

No of Days outside the UK; 14

Country Travelled to: Spain
Purpose of Travel: Holiday

Evidence of Travel: Overseas transactions in bank statements

Expert:  Thomas replied 3 years ago.
Hi,

Yes, that's the sort of thing that they will look for. Remember to state the error tolerance (eg. 7 days + or -) though.

Kind regards,

Tom
Customer: replied 3 years ago.

How do I pick a number for the error tolerance? In other words, why are you picking + or - 7 days? Why not + or - 10 days or + or - 2 days?

Expert:  Thomas replied 3 years ago.
Hi,

I'm not picking it, I'm simply using it as an example.

You have to think about how inaccurate the date could be and then pick the tolerance.

Tom
Customer: replied 3 years ago.

Ok great!


 


Thanks Tom

Expert:  Thomas replied 3 years ago.
No problem.

Tom
Customer: replied 3 years ago.

Hi Thomas,


 


Another Question.


 


Do absences from the UK due to work reasons get disregarded?


 


Thanks


 


 

Expert:  Thomas replied 3 years ago.
Hi,

It is at the discretion of the UKBA, but you will find that they will disregard most absences that were taken for work provided that the sole reason for leaving the UK was for work purposes.

You would have to produce evidence that this was the case as well.

Kind regards,

Tom
Customer: replied 3 years ago.

Hi Thomas,


 


Quick question. I've already mentioned that I've received three landing cards from UKBA (subject access request).


 


I'm a bit surprised that they are only three! Why do you think thats the case? Is there any other way I could obtain the others?

Expert:  Thomas replied 3 years ago.
Hi,

No, I don't think so. Either way it would be viewed that you have taken all reasonable steps to establish your time outside the UK.

Tom
Customer: replied 3 years ago.

But why do you think they don't have the others? Are they just difficult to retrieve?

Expert:  Thomas replied 3 years ago.
Hi,

Possibly, there will nothing sinister about it. Not everyone keeps perfect records..

Tom
Customer: replied 3 years ago.

Thanks Thomas.


 


One more question, I know the application takes about 6 months to process. Is there any way I could get them to expedite it?

Expert:  Thomas replied 3 years ago.
Hi,

I would use the settlement checking service, this ensures that there are no obvious errors:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/applicationformset(m)/scs/

Apart from that, there is no way to speed it up, apart from ensuring that your application is adequately evidenced.

Tom
Customer: replied 3 years ago.

Hi Tom,


 


From the website you provided, it says the settlement checking service is for SET(M). I am applying for SET(LR). Can I still use the service?

Expert:  Thomas replied 3 years ago.
Ah. Apologies, no, I don't think you can use it..

Tom
Customer: replied 3 years ago.

Could I provide certified copies of my passport instead of the original?

Expert:  Thomas replied 3 years ago.
No, you would have to provide your original passport.

Tom