Page 1 of 1

Urgent Help Regarding ILR SET LR

Posted: Mon Jan 04, 2021 12:43 pm
by UjMehta
I was on a student visa and I am due to apply for my ILR. My ILR is due in August this year. Also, My husband is due to apply for his ILR soon i.e.: in January 2021, however there is a bit of a concern about his ILR and I need help before we apply for his ILR.
In 2014 he applied for an Entrepreneur visa which was Declined with the code: 320(7a) and 320(7b).
There is more it: the decline letter included some information by the Home Office officer which was completely incorrect, such as: EVEN WHEN his IELTS was done in the UK and his project report was on factual basis it was said to be untrue in refusal form. If we would have appealed at that time it could have been proven wrong. But as the funding source was unreliable he did not appeal. So, after 2014 he has continued to live in the UK as my dependent. Also, in every subsequent Visa application post 2014 we have informed the Home Office/ UKBA about this refusal by writing a cover letter. (So he has been in the UK from 2011 to date as my dependant).
My questions are:
1. If we apply for his ILR under the above situation, will it be approved?
2. Should we even consider applying for his ILR before 2024? or we should directly apply for him to be on my Spouse visa?
3. Is this ban Discretional or Mandatory? and is the ban applicable for ILR or just as mentioned in my letter only for “Entry Clearance”?
4. I am planing to submit the last 3 tenancy agreement and three council tax letters as proof of address and as a proof of living together is it sufficient? if not please guide me
5. Also my husband has lost his previous passport, so do you suggest to submit extra documents? if yes what documents should we submit?

Re: Urgent Help Regarding ILR SET LR

Posted: Tue Jan 05, 2021 1:03 am
by zimba
What is your current visa route ??

Re: Urgent Help Regarding ILR SET LR

Posted: Tue Jan 05, 2021 11:29 am
by UjMehta
Since, 2010 I am a student and my husband has been a PBS Dependent. Except, when he applied for an entrepreneur visa, which was declined so even then I was a student and he was my dependent. In this period I also had 2 years Post Study Work visa from 2011 to 2013 and 1 year Doctorate extension (which is my current visa) I am due for ILR now. Thank you

Re: Urgent Help Regarding ILR SET LR

Posted: Wed Jan 06, 2021 5:57 pm
by zimba
You two must apply separately under the long residence. His refusal may or may not affect him as there might be a case of deception regarding the submitted IELTS exam. He will get appeal rights under long residence if refused. I suggest challenging HO if this happened.

Also, you do NOT need to provide any cohabitation under long residence as your dependant's status is irrelevant to your ILR.
He can submit a police report on his lost passport

Re: Urgent Help Regarding ILR SET LR

Posted: Mon Jan 11, 2021 7:16 am
by Atighee
UjMehta wrote:
Mon Jan 04, 2021 12:43 pm
I was on a student visa and I am due to apply for my ILR. My ILR is due in August this year. Also, My husband is due to apply for his ILR soon i.e.: in January 2021, however there is a bit of a concern about his ILR and I need help before we apply for his ILR.
In 2014 he applied for an Entrepreneur visa which was Declined with the code: 320(7a) and 320(7b).
There is more it: the decline letter included some information by the Home Office officer which was completely incorrect, such as: EVEN WHEN his IELTS was done in the UK and his project report was on factual basis it was said to be untrue in refusal form. If we would have appealed at that time it could have been proven wrong. But as the funding source was unreliable he did not appeal. So, after 2014 he has continued to live in the UK as my dependent. Also, in every subsequent Visa application post 2014 we have informed the Home Office/ UKBA about this refusal by writing a cover letter. (So he has been in the UK from 2011 to date as my dependant).
My questions are:
1. If we apply for his ILR under the above situation, will it be approved?
2. Should we even consider applying for his ILR before 2024? or we should directly apply for him to be on my Spouse visa?
3. Is this ban Discretional or Mandatory? and is the ban applicable for ILR or just as mentioned in my letter only for “Entry Clearance”?
4. I am planing to submit the last 3 tenancy agreement and three council tax letters as proof of address and as a proof of living together is it sufficient? if not please guide me
5. Also my husband has lost his previous passport, so do you suggest to submit extra documents? if yes what documents should we submit?

Hi
Your ILR application will not be refused. Please apply ilr on due date. But there might be a problem when u will apply naturilization( british passport) because of good character.
Deception effects good character. Good character does not effect ILR application.

Good character can check in naturlization application.

Please apply ilr now
And 10 years ban will effect ur british passport apllication. Apply for naturilization in 2024

Thanks

Re: Urgent Help Regarding ILR SET LR

Posted: Mon Jan 11, 2021 10:58 am
by zimba
Deception affects ILR under the general grounds for refusal in the immigration rules :!: :!:
Do NOT confuse the good character requirements for nationality applications with the grounds for refusal for ILR. Good character assessment for nationality applications is purely at the discretion of the HO.