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AuthorPost
oraclemiracle
Junior Member
Member # 3704
Posted February 15, 2004 10:45 AM
Hi,
I'm soon going to be applying for ILR (12 march 2004), I wish to know if there would be any problems.

My circumstances are as follows.

1> Myself and spouse arrived in the UK (on 26 March 2000)on WP valid till March 2002.
2> In March 2002 my company got an extension of work permit for me till March 2003. Was granted extension via ICD 358.
A letter along with the ICD 358 stated that you have been granted 'leave to remain'. Please keep the ICD 0358 letter along with your passport. However if you wish to get the endorsement transferred to your passport please send the passport(along with your dependants) to the given address or else it will be stamped whenever you travel abroad at the airport.
I decided not to get the endorsement transferred to our passports and just keep the letter. I assumed that the endorsement on the ICD 0358 letter covered both myself and my Spouse.

3> In Oct-2002 I changed job and got a new Work-Permit (In-country switching). Again I got a new ICD 0358 letter carrying a VISA stamp valid till OCT-2007. Again I just kept the letter and did not get the endorsement transferred to our passports.

4> In August-2003 as I was travelling abroad I decided it would be best to get the endorsements transferred onto out passports and called up home-office as for advise.
The advisor suggested that the ICD 0358 letter only covered me and that my Wife had technically been out of status since MARCH - 2002.

5> I was obviously shocked and travelled to Croydon the next day and presented my papers. I was not asked any questions and the endorsements were transferred onto our passports valid till October - 2007.

I have two questions
Q 1> On the account of above will I have any problems in getting ILR ?

Q 2> Would be advisable to only apply for the ILR for myself at present and apply for ILR for my wife at a later date (under the SPOUSE scheme) ?

Thanks and Regards
Oracle Miracle

oraclemiracle
Junior Member
Member # 3704
Posted February 15, 2004 11:02 AM
Hi Joseph/Dip/Kayamani,
Pls. Update This.

Thanks and regards,
OracleMiracle

oraclemiracle
Junior Member
Member # 3704
Posted February 15, 2004 12:23 PM
Somebody Pls. Update this
Dip
Member
Member # 4428
Posted February 15, 2004 12:38 PM
Oraclemiracle,

I wouldnt worry at all and certainly dont see any problem however I will strongly suggest that both the passports must be stamped together for ILR.

A dependent gets ILR along with the main applicant even if they havent completed 4 years of continious stay.

In your case I am assuming that other ILR criteria have been fulfilled.

Regards
Dip

Joseph01
Member
Member # 7141
Posted February 15, 2004 03:43 PM
Oracle miracle,

I totally agree with Dip, including that you and your wife should both get ILR at the same time. Doing so would clear up any previous irregularities. But you said on a previous string that your wife didn't want ILR?

FYI, this board is only frequented by fellow punters like yourself who happen to access it on their free time (i.e. it's not anybody's job yet to man this board), so please don't expect an instant response, especially on a Sunday morning.

Regards,
Joseph

oraclemiracle
Junior Member
Member # 3704
Posted February 15, 2004 03:56 PM
Hi Joseph/Dip,
On the previous post I said that my wife didn't want ILR 'cause I was thinking of applying for ILR seprately for both of us.

As my wife has had a problem (supposedly) with VISA in between, I 'am thinking it might spoil the whole process for both of us. Once I have got the ILR then I can apply for my wife.

I'm not sure if the ICD-0358 actually did cover both me and my wife, although the endoresment has now been transferred to our passports.

Thanks and regards,
OracleMiracle

[ February 15, 2004: Message edited by: oraclemiracle ]

Cosmopol
Member
Member # 7165
Posted February 15, 2004 06:35 PM
I agree with Dip and Joseph - you should apply for ILR together. Applying only for yourself, and THEN applying for your wife will not rectify any past issues, but would probably confuse things even further.

If there is any concern at all(while I think there isn't), applying together is your best shot.

oraclemiracle
Junior Member
Member # 3704
Posted February 16, 2004 07:05 AM
Share Your opinion as well please, Kayalami.

Cheers.

Kayalami
Member
Member # 5984
Posted February 16, 2004 03:35 PM
I concur with Cosmopol, Dip and J01 that you should include your wife and any children not born in the UK as dependents in your ILR application. Note that all parties must be in the UK when the application is made. I understand your concern regarding the matter of your wife's status but the fact that the HO transferred/endorsed the new ppt's with WP FLR stamps to 2007 in August 2003 based on the ICD0358 means they didn't consider it an issue. The queues at Croydon have gone down somewhat and you will find a better level service if you go there after 12 noon.

Good Luck

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