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Alex Hughes
Alex Hughes, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2327
Experience:  Partner in national law firm with 25 years legal experience
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"Thomas Graham" I have my brother, holder of ILR, he travelled

Resolved Question:

"Thomas Graham"

I have my brother, holder of ILR, he travelled recently to France for a day trip. Upon entering the UK, he went through the Passport control and filled up a landing card, however, did not get his passport stamped. the french did not stamp his passport upon exit, so his last stamp in the passport is Entry to France.
He will be applying for citizenship in few months. can You please advise! is it ok not to get a stamp?
Submitted: 8 months ago.
Category: UK Immigration Law
Expert:  Alex Hughes replied 8 months ago.
My name isXXXXX and I'm happy to help with your question today.

Did your brother obtain a visa (e.g. Schengen Visa) to enter France?
Customer: replied 8 months ago.
YES, he has a 1 year multiple entries Schengen Visa
Expert:  Alex Hughes replied 8 months ago.
The lack of entry stamp is not going to be a problem in my experience. The fact that he was travelling within immigration rules is of course very much in his favour. UKBA is unlikely to dispute that he travelled for a day. If your brother has any concerns then he should hang on to his travel tickets. But I should underline that this really wont be a problem as far as I can see.
Customer: replied 8 months ago.
Thank you for the quick reply.

We called 2 immigration officers, one of them said we stopped stamping certain leave to remain and he said we will have his arrival recorded on our system, the other one he said he stamps all holders of ILR and he said the UKBA dont have record of people leaving or entering the UK, so he put us to the Cheif Immigration officer, he said it should not be a problem, he added that we can write a letter to them and they will respond to it as its a long way to go back to Calais to get the passport stamped.

Are you sure that we do not need to do anything about it? shall he just ignore it? because The french did not endorse exit stamp on his passport
Expert:  Alex Hughes replied 8 months ago.
I really don't see this being an issue.

But if your brother is really concerned he should keep his tickets/boarding pass.

I have not seen this cause any difficulties in the past.
Customer: replied 8 months ago.
I am more than happy to rate your answer, but I have a last question

Did you know anybody with similar situation and did not cause him/her any problem when applying for citizenship or leave to remain?
Expert:  Alex Hughes replied 8 months ago.
Yes I have personally dealt with 2.

Their failure to obtain a stamp on returning from a day trip did not cause any difficulties.

Customer: replied 8 months ago.

Were'nt they questioned for that? or asked to prove anything?

Thanks

Julian
Expert:  Alex Hughes replied 8 months ago.
No - when they were asked about absences from the UK they stated they had gone on day trips under a Schengen visa and that explanation was accepted. The irregularity with the stamps was not an issue.
Customer: replied 8 months ago.


So he just indicate on the application for the date he departed and he arrived back, which is same day, correct?
UKBA unlikely to send his any letters questioning about the entry stamp?
Expert:  Alex Hughes replied 8 months ago.
They may question him about the lack of stamp. Its impossible to predict whether they will or not I'm afraid. Just to be safe he should keep his tickets.
Alex Hughes, Solicitor Advocate
Satisfied Customers: 2327
Experience: Partner in national law firm with 25 years legal experience
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