Immigration

Jedidah · Post by **Jedidah** » Fri Oct 12, 2007 12:12 am

Question on Concessionary policy or DP5

I made my application via a soclitor based on the above in August 2006, Iam married to a British citizen and have 2 children, one is now 8 years and the other 4. I have been married now for 7 years.

As adviced by my solicitor we I handed in my marriage certificate, my children's birth certificates since they do not have British passports as yet, bills, my son's school report . After that the Homeoffice wrote to me to confirm the reciept of my application. I then requested for a copy of my passport, thats when they supplied a copy and said that my case might take a long time since Iam an overstayer. This was about 8 months ago and since then I have not had anything

Is there anything else I can do to strengthen my application or for it to be processed faster, does anyone have any idea how long they normally take for this kind of cases before making a decision etc?

Thanks

tasha75 · Post by **tasha75** » Fri Oct 12, 2007 12:29 am

It seems that 8 months is a short time for this type of applications. A few people on another forum waited for 3+ years, and in the end they were told to go home and apply for entry clearance. At my appeal I was also told by the judge that had my partner been British or at least settled I would have been expected to apply for entry clearance from my country.
Can you not go home and apply from there? It would be much quicker and with a better result.
Correct me if I am wrong.

Jedidah · Post by **Jedidah** » Fri Oct 12, 2007 12:41 pm

I dont know if going home would be the best option, I have already handed in my application, now withdrawing it and saying that I want to do it from my home country would be another long process. All I wanted to know was is there anything I can add on the original application that would speed it up eg hand in my husbands passport, anything I can do....
My 2 children are both British and so is my husband all born here

SYH · Post by **SYH** » Fri Oct 12, 2007 12:47 pm

Jedidah wrote:I dont know if going home would be the best option, I have already handed in my application, now withdrawing it and saying that I want to do it from my home country would be another long process. All I wanted to know was is there anything I can add on the original application that would speed it up eg hand in my husbands passport, anything I can do....
My 2 children are both British and so is my husband all born here

Evidently there is nothing more you can do and as Tasha has told you 8 month wait is nothing compared to the reported 3 year wait. Also as you have repeated the info about your children and husband, it indicates your belief that this is significant to persuade to the HO where as it has not made a dent in the 3 year rejection cases so I'd just let go of that belief and either take a hold of yourself and prepare for a wait or return to your country of origin.

VictoriaS · Post by **VictoriaS** » Fri Oct 12, 2007 12:55 pm

I'm not sure DP5 was the best clause to apply under, to be honest.

What country are you from? Is your husband working?

Victoria

Dawie · Post by **Dawie** » Fri Oct 12, 2007 1:05 pm

If you have been married to a British citizen for longer than 4 years, and you have managed to pass the Life in the UK test, you could go back to your home country and immediately apply for indefinite leave to enter (ILE) at the British embassy in your home country.

This is a far better option.

joe777 · Post by **joe777** » Fri Oct 12, 2007 1:17 pm

Dawie wrote:If you have been married to a British citizen for longer than 4 years, and you have managed to pass the Life in the UK test, you could go back to your home country and immediately apply for indefinite leave to enter (ILE) at the British embassy in your home country.

This is a far better option.

i might be wrong, i'm sure you have to be married and both have lived outside the uk for 4 or more years ?

Dawie · Post by **Dawie** » Fri Oct 12, 2007 2:47 pm

joe777 wrote:
Dawie wrote:If you have been married to a British citizen for longer than 4 years, and you have managed to pass the Life in the UK test, you could go back to your home country and immediately apply for indefinite leave to enter (ILE) at the British embassy in your home country.

This is a far better option.
i might be wrong, i'm sure you have to be married and both have lived outside the uk for 4 or more years ?

No, the requirements are:

Requirements for indefinite leave to enter the United Kingdom as the spouse of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement under paragraphs 276E to 276Q

276R. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the spouse of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q are that:

(i) the applicant is married to a person present and settled in the United Kingdom or who is being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q; and

(ii) the parties to the marriage have met; and

(iii) the parties were married at least 2 years ago; and

(iv) each of the parties intends to live permanently with the other as his or her spouse and

(v) the marriage is subsisting; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

Jedidah · Post by **Jedidah** » Fri Oct 12, 2007 4:47 pm

Hi Victoria,

Yes my Husband is working, as an IT consultant. Iam originally from Kenya

VictoriaS · Post by **VictoriaS** » Fri Oct 12, 2007 4:49 pm

In which case, I think leaving and applying from Kenya will be the best idea.

Victoria

Jedidah · Post by **Jedidah** » Fri Oct 12, 2007 8:23 pm

Ok has anyone done this and how long did it take? Iam also an overstayer, what if I go there and they say that I overstayed in the UK.

tasha75 · Post by **tasha75** » Fri Oct 12, 2007 10:12 pm

Jedidah wrote:Ok has anyone done this and how long did it take?

There were quite a few successful cases on this forum, especially in the "Immigration for family member" part of the forum. If you search or scan through the post titles you'll find many examples. Here's one to start with http://www.immigrationboards.com/viewtopic.php?t=19572

Post by **vinny** » Fri Oct 12, 2007 10:33 pm

Dawie,

Dawie wrote: No, the requirements are:

Requirements for indefinite leave to enter the United Kingdom as the spouse of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement under paragraphs 276E to 276Q

276R.

Aren't the requirements in 276R applicable to a spouse or civil partner of a member of HM Forces only? Whereas, in general, 282 would be applied.

paulp · Post by **paulp** » Sat Oct 13, 2007 9:21 am

Dawie wrote: No, the requirements are:

Requirements for indefinite leave to enter the United Kingdom as the spouse of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement under paragraphs 276E to 276Q

276R. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the spouse of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q are that:

...

(iii) the parties were married at least 2 years ago; and

...
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

Dawie,

Where does it mention 4 years in the paragraph you quoted? And you missed this bit:

Spouses or civil partners of persons settled or seeking settlement in the United Kingdom in accordance with paragraphs 276e to 276q (HM Forces rules)

Leave to enter or remain in the UK as the spouse or civil partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276e to 276q
Requirements for indefinite leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement under paragraphs 276E to 276Q

276R. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q are that:

(i) the applicant is married to a person present and settled in the United Kingdom or who is being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q; and

...

Dawie · Post by **Dawie** » Sat Oct 13, 2007 9:24 am

I'm sorry, you're right. I cut and paste the wrong section!

Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

(ii) the parties to the marriage have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

For the purposes of this paragraph and paragraphs 282-289 a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom.
Leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted for settlement on the same occasion

282. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:

(a) in the case of a person within paragraph 281(i)(a), be admitted for an initial period not exceeding 2 years, or

(b) in the case of a person who meets both of the requirements in paragraph 281(i)(b), be granted indefinite leave to enter, or

(c) in the case of a person who meets the requirement in paragraph 281(i)(b)(i), but not the requirement in paragraph 281(i)(b)(ii) to have sufficient knowledge of the English language and about life in the United Kingdom, be admitted for an initial period not exceeding 2 years, in all cases provided the Immigration Officer is satisfied that each of the relevant requirements of paragraph 281 is met.

http://www.bia.homeoffice.gov.uk/lawand ... ules/part8

paulp · Post by **paulp** » Sat Oct 13, 2007 11:29 am

Dawie wrote:I'm sorry, you're right. I cut and paste the wrong section!

Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

(ii) the parties to the marriage have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

For the purposes of this paragraph and paragraphs 282-289 a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom.
Leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted for settlement on the same occasion

282. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:

(a) in the case of a person within paragraph 281(i)(a), be admitted for an initial period not exceeding 2 years, or

(b) in the case of a person who meets both of the requirements in paragraph 281(i)(b), be granted indefinite leave to enter, or

(c) in the case of a person who meets the requirement in paragraph 281(i)(b)(i), but not the requirement in paragraph 281(i)(b)(ii) to have sufficient knowledge of the English language and about life in the United Kingdom, be admitted for an initial period not exceeding 2 years, in all cases provided the Immigration Officer is satisfied that each of the relevant requirements of paragraph 281 is met.
http://www.bia.homeoffice.gov.uk/lawand ... ules/part8

Dawie, please have a look at the parts in bold. The OP has been living in the UK from what I gather. And from my reading of the rules, it looks like only spouses living abroad with their BC spouse for 4 years can get ILE.

joe777 · Post by **joe777** » Sun Oct 14, 2007 10:40 am

thats what i thought, you had to be married and living together outside the uk for 4 or more years, as i wanted to try and use this, as i was married for nearly 3 years, before we applied for a spouse visa.

paulp · Post by **paulp** » Sun Oct 14, 2007 6:29 pm

So, the solution for the original poster is to return to their home country, maybe as part of their annual holiday, and apply for a spouse visa. It would generally be quicker than to wait for the response of the home office here in the UK.

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