problems leaving South Africa to return to the UK

WLM21

My wife is a South African citizen, with a SA passport.

We married in South Africa in the 1990’s when I was working there. I have a British passport, or at least had .. I think it’s now an EU passport.

When we returned to the UK in the 1990’s my wife was given a year to remain in the country, then after this period she received a letter from the Home office giving her the right to remain here, as well as permission to work here too.

Her passport had a stamp to confirm this.

She has returned to South Africa on a few occasions, sadly each time for a funeral. She has always returned without problems.

Last year her passport was replaced, her previous one having expired. When she asked about the stamp in the new passport, she was told (by the SA Consulate) to simply carry the two passports as well as the original letter from the Home Office.

She has just been back to SA and had a battle at Johannesburg airport, as they wouldn’t let her board. They stated that she has to have some form of stamp in her current passport.

Eventually after several phone calls etc she was allowed on.

When she arrived in the UK she asked about this and they were shocked. Their response was basically “What’s it got to do with them “

What would be the best option for her to do now, to perhaps prevent a similar problem in the future ?

Thank you for any advice provided.

Voyager2002

I assume that the problem at her departure was with the airline: airlines generally check whether a passenger has a valid visa for their destination (since otherwise the airline gets fined and is also responsible for transporting the undocumented passenger back to a country they can enter legally). So she could i. get a letter from the UK Home Office to confirm that the ILR stamp in her old passport continues to be valid; ii. find a statement to that effect on the Home Office website, print off the relevant page and note the URL to show to any more stupid airline officials she may meet; or iii. pay the Home Office a hefty fee to move the stamp to her current passport. (If she has the spare dosh for this then she might just as well pay for British citizenship: from what you say she is entitled to this.)

Incidentally, this is not a new problem. I recall a colleague who attempted to attend an international conference in the USA, the whole trip being paid for by the tax-payer. She had a valid US visa stamped into her expired passport, which she was carrying as well as her current passport. She got as far as Amsterdam, where she was supposed to change 'planes, where a stupid KLM official denied her boarding for her onward journey because the visa was stamped into the old passport.

redpete

WLM21 wrote: »

I have a British passport, or at least had .. I think it’s now an EU passport.

It's still a British passport, it's only an EU passport inasmuch as it is a passport issued by a country that is in the EU.

shaun_from_Africa

According to this UK government document:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/426972/frequently_asked_Qs_illegal_working_civil__penalty_May_final.pdf
It looks like the airport staff were partially correct.

When attempting to work in the UK or to claim benefits or medical treatment, the ILR stamp must be in a valid, non expired passport.

Q16 Does an Indefinite Leave to Remain (ILR) stamp have to be in a current passport?

A. Yes, in respect of checks made on or after 16 May 2014.

Q17 Why does an ILR stamp have to be in a current passport?

A. In May 2014, the Government amended the regulations governing right to work checks to prevent illegal working in the UK. This followed a public consultation on ways to strengthen and simplify controls on the employment of illegal workers and to make it easier for employers to conduct these checks. The changes included reducing the range of documents for checking purposes, with a greater reliance on more secure and current forms of documentation.
Since May 2014, endorsements, including those for indefinite leave to remain (ILR) are therefore required to be in documents which have not expired. This is to enable the Home Office to remove a raft of insecure immigration documents and replace them with secure Biometric Residence Permits (BRPs). This in turn will assist the holders of BRPs to demonstrate their entitlements to work, benefits and public services more easily.