ILR info you might not know

[joebloggs]

I've found this info about people with ILR, that you might not know about...

Anyone who, on arrival in the UK, requires the permission of an immigration officer to enter the country is "subject to immigration control". This includes holders of ILR who always need to seek permission to enter the UK despite their settled status. This effectively means immigration officers have the right to question them as to the nature of their stay, how long they have been away, what their profession is, etc, etc, and ultimately make a decision not to admit them.

This is an important point because holders of ILR DO NOT have the automatic right to enter the UK. Each and every time an ILR holder presents himself for entry to the UK, his entry is at the discretion of the examining immigration officer.

People who are not subject to immigration control have an inalienable right to live in the UK (right of abode or in the case of EU citizens, treaty rights) and therefore require no permission to enter the UK. Of course, they are still required to present their passports on entry to prove this right. Eu citizens' rights to live in the UK are not entirely inalienable, as they can still be deported and barred from the UK on public security grounds.

[andypaul]

Good info Mr mod bloggs (congrats on the promotion), i think we forget when we come back into the UK with our mahals that we still have to be overly nice to the Immigration officer. I have seen some people with i presume ILR/spouse visas having very intense disscusions with officers.

[aromulus]

I've found this info about people with ILR, that you might not know about...

Anyone who, on arrival in the UK, requires the permission of an immigration officer to enter the country is "subject to immigration control". This includes holders of ILR who always need to seek permission to enter the UK despite their settled status. This effectively means immigration officers have the right to question them as to the nature of their stay, how long they have been away, what their profession is, etc, etc, and ultimately make a decision not to admit them.

This is an important point because holders of ILR DO NOT have the automatic right to enter the UK. Each and every time an ILR holder presents himself for entry to the UK, his entry is at the discretion of the examining immigration officer.

People who are not subject to immigration control have an inalienable right to live in the UK (right of abode or in the case of EU citizens, treaty rights) and therefore require no permission to enter the UK. Of course, they are still required to present their passports on entry to prove this right. Eu citizens' rights to live in the UK are not entirely inalienable, as they can still be deported and barred from the UK on public security grounds.

How would that affect the spouse of an EU citizen returning after a vacation?

I know that if she travels back to the Uk with me, she would have no problems, but what if she was on her own...???

You just gave me something to think about for the future.

Thanks for the info.

[andypaul]

How would that affect the spouse of an EU citizen returning after a vacation?

I know that if she travels back to the Uk with me, she would have no problems, but what if she was on her own...???

You just gave me something to think about for the future.

Thanks for the info.

That is one to check out and make sure you have the latest details and ruling just to be certain.
But if it was a case of the wife poping back to phill it might be the case you would have to meet her in say holland on the klm stopover if the uk had a rule the eu citzen had to be with their spouse.

[walesrob]

Thanks for the info Joe

Remember there are conditions attached to an ILR visa anyway, what your saying just re-affirms that.

[joebloggs]

yes, i thought my wife was no longer "subject to immigration control", but realized she must be, as she cannot leave the UK for more than 2 years ..

as for coming back with your wife, when i came with my wife thru passport control at the airport, i had to go in the euro/brit queue while my wife went in the other queue, as i went thru first, i waited near the exit door, i got told to go thru the door a few times, had a bit of a row with some security/immigration officer, as i wanted to make sure me wife and little gal got thru ok.. i was told to go thru the door or else ...

its crazy how us europeans can pull faces at the immigration officers, but my wife cann't, discrimination again

[walesrob]

as for coming back with your wife, when i came with my wife thru passport control at the airport, i had to go in the euro/brit queue while my wife went in the other queue, as i went thru first, i waited near the exit door, i got told to go thru the door a few times, had a bit of a row with some security/immigration officer, as i wanted to make sure me wife and little gal got thru ok.. i was told to go thru the door or else ...

You must have got them on a bad day.

When Elsa first arrived in the UK at Heathrow T1, they let me stay near the Immigration desk to wait for her, in fact when I told them she was stuck in the middle of the queue, they even called her forward and let her jump the queue, which was nice. They must have had a pay rise or something that day.

Even when we both arrived back at Cardiff Airport after the flight from Spain, the immigration there was very chatty, helping Elsa to fill out the landing card and making small talk.

[andypaul]

You must have got them on a bad day.

When Elsa first arrived in the UK at Heathrow T1, they let me stay near the Immigration desk to wait for her, in fact when I told them she was stuck in the middle of the queue, they even called her forward and let her jump the queue, which was nice. They must have had a pay rise or something that day.

Even when we both arrived back at Cardiff Airport after the flight from Spain, the immigration there was very chatty, helping Elsa to fill out the landing card and making small talk.

At heathrow they are pretty good most of the time personally i just queue in the non eu queue with the wife and have been told that if its not first entry that it is sometimes possible to go though the eu channel. Which if i remeber correctly happened last time.

We were in the non eu queue i had asked but the first lady was like no sorry. But later the next lady seeing the non eu taking a while and seeing my Brit eu passport in my hand send us over to the eu channel.



The wife has come and gone to the eu on her own and had no particular problems here on in europe.

I think i said this before but having stood by the desk waiting for my wife at gatwick after a plane from some place in eastern europe had come in some of the peoples stories were just so unbelivable you couldn't make them up. A family who here under refuge status had poped back home for a holiday a student who had come here to study looked about 50 and a few simple questions on the subject from the officer baffled him. But amazily enough they all were allowed in.

So its properly nice to have a happy and polite couple not trying to tell them porkies, in fact i have found some of the officers stop us once all the formalities are done chatting for a while as the job must be a tad boring.