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Indefinite leave query

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Holmes35
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Indefinite leave query

Post by Holmes35 » Mon Jun 08, 2015 10:10 am

My friend is from Morocco, he has a wife and lives in her house in the UK, his visa is due to expire in January 2016. His wife has UK visa for indefinite stay and she has lived here for approx 16 years, my friend has been here for 4 years. He works here.
My questions are this..
When can he apply for indefinite stay? The website says 2 years .. Can he apply now or does he have to wait until the current visa expires?

Can his wife block his application ? She is using the visa status as bribery eg; pay this, do that.. Or you won't get a visa..

Is it possible that be will be sent t back to Morocco? He has. O children in the UK but a job, a wife and his brother has lived here for 18 years.

My friend is worried

Thank you

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Casa
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Re: Indefinite leave query

Post by Casa » Mon Jun 08, 2015 12:39 pm

If he is here on a work visa he will have to complete 5 years before qualifying for ILR. If he switches to FLR(M) as a spouse he will restart the clock and will have to complete another 5 years (2.5 + 2.5). Can you confirm what category of visa does he have at present and when was it issued? If he's on a work permit his wife has no control over whether he is granted ILR.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Holmes35
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Re: Indefinite leave query

Post by Holmes35 » Mon Jun 08, 2015 11:06 pm

Hi,thank you for your response, his visa says: UK residence permit, name, valid until, the place and datevof issue , then type of permit, leave to remain then remarks, work permitted. On the back it has the date and no public funds.

He doesn't understand what kind of visa it is because his wife did it all. It was for 2.5 years but this is his second one.

What happens next?

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Re: Indefinite leave query

Post by vinny » Tue Jun 09, 2015 1:13 am

What applications had he been applying for, from within and outside the UK, and dates?
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Holmes35
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Re: Indefinite leave query

Post by Holmes35 » Tue Jun 09, 2015 9:21 am

He applied in morroco for a family visa which he had and came to the UK,, then in July 2013 he did some English tests and was granted the current visa, which I think is a work visa.

The current visa runs out in January 2016.

His wife does not allow him out of the house other than to work, she takes all money and is unpleasant to him but he is scared if he doesn't do. What she wants he will not get a new visa

Will he have to live with her for another 2.5 years?

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Re: Indefinite leave query

Post by Casa » Tue Jun 09, 2015 7:22 pm

It's difficult to advise you as it's still not clear what visa he has. A spouse visa would give him the right to work. In order to help, your friend will have to give more details on what visas he's held and for how long. At the moment the facts you've given don't add up. :?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Holmes35
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Re: Indefinite leave query

Post by Holmes35 » Tue Jun 09, 2015 8:07 pm

Why is it so confusing?
The first UK clearance is in a passport and says visa spouse 2010 to 2013. There is paperwork for an extension in July 2013. The next visa is a card dated July 13 valid until January 2016.

So, I am guessing the card is an extension of the spouse visa valid from December 2010 to January 2016.

So.. Can he apply for ILR before January 2016? And can his wife prevent it?

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Re: Indefinite leave query

Post by Casa » Tue Jun 09, 2015 8:26 pm

It's confusing because:
1. You mentioned he may have a work visa (not a spouse visa)
2. If he was granted a spouse visa in 2010 he would have qualified for ILR in 2012. For applications made before July 9th 2012, the route to permanent settlement as a spouse was only 2 years, not 5 years.
3. You say he passed an English test in 2013 which by this time was needed for a spouse settlement visa, whereas it wasn't for an application made prior to July 2012.
4. Did he enter as a dependent of someone on a work permit? If so, the 5 year route would make sense and if so his wife could refuse to support his application for ILR in 2016.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Holmes35
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Re: Indefinite leave query

Post by Holmes35 » Tue Jun 09, 2015 9:59 pm

I'm so sorry if I appeared rude, when I said why is it so confusing ?I meant, I don't understand it

His wife already lived here and owned a house and had 3 daughters by another man.

Can you suggest an advice centre or particular type of solicitor who can look at the paperwork and tell him what he needs to do next?

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