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ILR question- Yea or Nay?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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rgurung
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ILR question- Yea or Nay?

Post by rgurung » Tue Jan 27, 2015 1:38 pm

To the great and the good of this board:

My wife came to the UK on Dec 2009 as dependent spouse of a Tier (4) student.
on her latest extension, she was granted 2.5 years stay as a dependent of a settled person (based on long-residence) in May 2013.

As the changes made on April 2014 have proven to be too complicated for me to grasp, could one or more of you please tell me if she is now qualified for ILR application ? A Yea or a Nay would solve the jigsaw.

Please share your knowledge:)

Obie
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Re: ILR question- Yea or Nay?

Post by Obie » Tue Jan 27, 2015 3:17 pm

When was the application for ILR made?

Was it before or after may 2013?
Smooth seas do not make skilful sailors

toby303
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Re: ILR question- Yea or Nay?

Post by toby303 » Tue Jan 27, 2015 3:48 pm

Hi Obie,

Could you please help? You can find the info below or follow this link to the thread.

http://www.immigrationboards.com/indefi ... 79957.html



Hi Moderators,

I need your thought on this subject.

I came into the country in August 2008 as a student. And in March 2012, I got married. My wife is British Citizen.

In 2012, just before the change in regualtion in terms of maintenace, I applied using the FLR(M) in July 2012 and my visa was finally issued in March 2013 under the old rules. I will be due to apply for my indefinite leave to remain in February, just 28 days before.

I have collated all my documents and my wife's. What are the financial requirement?
My wife left her job in Dec, and she has just been offered a new position with another bank starting in February, for her, I have collated copies of her p60, 2 months payslips from previous employer with her p45, whilst for me, I have provided all my payslips starting from october last year to date and my bank statement in that order as well. She was earning £16,300 with her previous employer and now on £16,916.00 with her current emoployer and I am on £12,000 per year until the end of probation in 9 months. we are both on an average of £2100 /month What do you think regarding this paperwork, do you think we would meet financial requirement? We have no kid at the moment.

What other document are required of us involving other aspect of the application?

I have gathered together both our contracts of employment and offer letters as well a letter from my employer. Do you think this will be enough proof?

These are other documents we have put together, namely:
Marriage Certificate
Resident Permit
Both Passports
Tenancy Agreement
Pearson Test of English Academic
Life in the UK Test
Qualifications in the UK


Evidence of Cohabitation ( Six Letters from at least 3 different sources amounting to about 18-25 letters altogether which includes Bank statements, utility bills, GP letters, HM Revenue & Customs, NHS Care Summary Record etc.)

I need a relaible information about making an application to naturalise shortly after receiving my ILR as I will be applying at a premium centre. I am aware that as a spouse of a British Citizen that I can apply immediately provided I meet residency requirement. I haven't been abroad due to having to raise my family and have no criminal record and have never breached any immigration rules.
Do you think with my explanation about my status and residential status, I can apply to naturalise straight after securing my ILR or what are your thoughts?

I hope to hear from you asap. Thanks for always being helpful to many folks on here and I thank you very much in advance.

Last edited by toby303 on Tue Jan 27, 2015 1:32 pm, edited 1 time in total.
toby303Newly Registered Posts: 8Joined: Mon Jan 26, 2015 4:30 pm
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Re: Indefinite Leave to Remain & British Citizenship

by toby303 » Tue Jan 27, 2015 10:51 am

Please people, reply to my thread. I will appreciate your comments although addressed to Amber, any other moderator or online users can add a line.

Many thanks in advance,
Tobs

rgurung
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Re: ILR question- Yea or Nay?

Post by rgurung » Tue Jan 27, 2015 4:04 pm

Obie wrote:When was the application for ILR made?

Was it before or after may 2013?
My ILR was granted on March 2013. Her FLR (M) application was made on Feb 2013, when my ILR application was being considered by the home office. Her FLR M was approved in May 2013. But as I said earlier, she was allowed in this country as my spouse in Dec 2009.

Obie
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Re: ILR question- Yea or Nay?

Post by Obie » Tue Jan 27, 2015 4:21 pm

The leave that she was given is wholly flawed, you should fight against it.

She should be able to qualify for ILR now, based on the rules in place at the time of her application.

She would qualify for ILR, but the rules in place does complicates things, and you will therefore, need to fight them a bit.
Smooth seas do not make skilful sailors

rgurung
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Re: ILR question- Yea or Nay?

Post by rgurung » Tue Jan 27, 2015 8:58 pm

Obie wrote:The leave that she was given is wholly flawed, you should fight against it.

She should be able to qualify for ILR now, based on the rules in place at the time of her application.

She would qualify for ILR, but the rules in place does complicates things, and you will therefore, need to fight them a bit.
Thanks Obie. I don't mind taking a bit of a fight but how strong are her chances of ILR if we applied for SETM now? What could be the ground for refusal and how do I argue against it. We would be happy to pay for a solicitor's services if this case was going to be a surefire success. I knew they would try to circumvent existing rules to make the immigrants pay more in extension fees, but is the fight worth it?

Obie
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Re: ILR question- Yea or Nay?

Post by Obie » Tue Jan 27, 2015 9:27 pm

Her chances are as strong as it gets.

The law expressly provide that she ought to qualify.

Therefore any refusal will clearly not be in accordance with the law.

Few people have experience difficulties with them in that regards, but the buttom line is, the law is the law.
Smooth seas do not make skilful sailors

rgurung
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Re: ILR question- Yea or Nay?

Post by rgurung » Tue Jan 27, 2015 10:27 pm

Obie wrote:Her chances are as strong as it gets.

The law expressly provide that she ought to qualify.

Therefore any refusal will clearly not be in accordance with the law.

Few people have experience difficulties with them in that regards, but the buttom line is, the law is the law.
Thanks Obie. I appreciate your input. Could you please point me to the part of the home office guidelines that is applicable to my wife's situation.

rgurung
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Re: ILR question- Yea or Nay?

Post by rgurung » Tue Nov 03, 2015 11:09 am

Hi once again.
Has the law been changed recently? Can my wife still apply for her ILR (set M) based on her situation, that she applied for flr(M) on Jan 2013 and got the dependent of settled person visa on May, 2013. I was granted ILR on 10 years rules in March 2013. Fyki, she first came to UK as student dependent on Dec 2009.

Obie
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Re: ILR question- Yea or Nay?

Post by Obie » Tue Nov 03, 2015 11:12 am

My legal interpretation still remain valid 10 months down the line.
Smooth seas do not make skilful sailors

vinny
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Re: ILR question- Yea or Nay?

Post by vinny » Tue Nov 03, 2015 1:21 pm

Agree with Obie. But it may not be easy.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

rgurung
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Re: ILR question- Yea or Nay?

Post by rgurung » Tue Nov 03, 2015 2:24 pm

Obie wrote:My legal interpretation still remain valid 10 months down the line.
Thanks Obie and Vinny. Very much appreciate your input. I do not have legal background and it seems this is too complicated for me to take the fight with the stubborn HO caseworkers, although I am convinced that my wife should have her ILR approved according to the pre April 2014 provisions. Can you suggest any lawyer , legal representative who could take this case confidently? It's quite frustrating to have to wait for another 2.5 years. Many thanks guys!

vinny
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Re: ILR question- Yea or Nay?

Post by vinny » Tue Nov 03, 2015 7:56 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR question- Yea or Nay?

Post by vinny » Tue Nov 03, 2015 10:42 pm

4.5 explains the details.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

rgurung
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Re: ILR question- Yea or Nay?

Post by rgurung » Wed Nov 18, 2015 3:34 pm

vinny wrote:4.5 explains the details.
Thanks Vinny and Obie for your insight. My wife got her ILR approved. You guys gave me the confidence to make the application amidst great doubt and it came to frution. Much appreciated.

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