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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hello, I want some clarification on a telephone call I

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Hello,
I want some clarification on a telephone call I got from the UK border agency (21 sept 2013) telling me that I had supplied an incorrect date of birth on my UK landing card. I am on a Tier-1 visa (have renewed it this January) and from India. I do not remember this particular incident but when asked why I out in wrong information, my reply was it must have been a mistake on my part. I even asked to the caller how could I rectify it.

However the caller told me that they had sent a notification to my permanent address (in India) to confirm my date of birth but did not get a reply back and hence they have put my "immigration under challenge". I am not sure what this means. When I asked when did they send the notification, or did they have information about if the letter was actually delivered (an acknowledgement proof that it was actually delivered as it may be still yet be undelivered) they had no information. I was told its not their problem if the postal service in my country is bad!

I did even ask if I can go to their office and show my passport to confirm my correct date of birth, but didnt get an answer. I am not even sure if they had allowed enough time for the letter to get delivered and then for the reply to come back before telling me that they are challenging my immigration.

My parents live in my permanent address in India, and till today they have not received any letter. The caller suddenly disconnected the phone and all I knew was they are challenging my immigration without any helpful information whatsoever on how I could rectify the mistake (if I did it at all) or whom to contact or anything I could do here in London to confirm my Date of birth.

I am travelling to India next weekend, on a long planned holiday and was worried if there could be any problems at the airport when I come back to London. Any suggested next steps for me to take?
I do not think there are any steps you need to take. If they tried to revoke your visa based on a mistake made on an old landing card then this would be easily defeated through appeal. Highly unlikely in my opinion. I would not be surprised if you never hear anything else about it. Your correct date of birth was stated in your Tier 1 application and you will have evidenced this already by providing your passport with your application, so they already have the information required.
Customer: replied 3 years ago.

So what exactly does "immigration under challenge" mean?


 


Also, just to be clear, in case I do receive a letter from the UKBA of an error in the landing card at my permanent address at a later date, should I go ahead and reply back with proof of DOb?


 


Basically I want to know, if this is a non-issue why did they at all take the trouble to call me ?

Sometimes you might get someone at the Home Office thinking they have found something that needs to be investigated, only to later find out it is really not important and then gets dropped, perhaps due to someone more senior pointing out that they already have the evidence they have requested, without anyone bothering to let the migrant know that everything is ok.

If a letter does arrive then yes, it should be replied to. Again, they already have proof of your date of birth as they have seen your passport and they will have taken a copy. No doubt if they really decide to be deliberately difficult then a birth certificate can also be supplied.

If you receive another call then I would tend to be quite firm with the caller - they are aware that you are in the UK as they have called you here - they therefore can quite easily contact you in the UK and NOT in India, where they know you are not living, if they want further evidence of your date of birth, even though they already have your passport. My personal feeling is that they should have better things to do with their time.
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