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spouse overstayer

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amserve
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spouse overstayer

Post by amserve » Mon Jul 13, 2009 1:17 pm

Hi all

Im asking this question on behalf of a friend :

My spouse came to the uk in 2006. We have two children.

My spouse was refused ILR in 2008 as she had not passed the english requirement. She wasnt given flr either. She has no form of leave.

Now we want to apply for her ILR, what do we do ?

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Casa
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Post by Casa » Mon Jul 13, 2009 3:42 pm

Why was she refused FLR?

amserve
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Post by amserve » Tue Jul 14, 2009 2:17 pm

she was refused ilr and the home office didnt even give her flr. I dont know why they did this, but they only refer to her not having passed her english as the reason why she was refused ilr

nursetaylor1
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Post by nursetaylor1 » Tue Jul 14, 2009 6:18 pm

You having 2 children dosen't that not make you case a strong one as it shows proof of genuine relationship and also do you have the correct documents I.e bills bank statement etc and have u been to see a solicitor for advice?

jei2
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Post by jei2 » Wed Jul 15, 2009 9:11 am

amserve wrote:she was refused ilr and the home office didnt even give her flr. I dont know why they did this, but they only refer to her not having passed her english as the reason why she was refused ilr
Hmm. Normally the Home Office would send the FLR form with the refusal. However its not their responsibility to just give out FLR; that's like my bank refusing my request for £10,000 but sticking £1000 in my account anyway. :lol:

She has to apply for another category of leave - and it's certainly not ILR, for which passing the KOL test is an absolute must unless you're in an exempt group.

As she is now an overstayer, she may need to return home and re-apply from outside. Or throw herself upon the dubious mercies of Chikwamba.. :roll:

Out of interest, did she fail the test - or just failed to take it?
Oh, the drama...!

vinny
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Re: spouse overstayer

Post by vinny » Wed Jul 15, 2009 10:23 am

amserve wrote:Hi all

Im asking this question on behalf of a friend :

My spouse came to the uk in 2006. We have two children.

My spouse was refused ILR in 2008 as she had not passed the english requirement. She wasnt given flr either. She has no form of leave.

Now we want to apply for her ILR, what do we do ?
Why has she waited so long before doing anything?

See also KOL > 6. CASEWORKING APPLICATIONS FOR ILR WHERE KOL HAS NOT BEEN OBTAINED – APPLICATIONS SUBMITTED BETWEEN 2 APRIL 2007 AND 30 MARCH 2009.
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.

amserve
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Post by amserve » Wed Jul 15, 2009 10:43 am

she didnt apply due to wrong advice - a solicitor told them the only way was to go back and re-apply, which she didnt want to go back with 2 small children.

They have plenty of documentary evidence addressed to both at their address and she also has passed the english requirement.

So is it ILR she applies for ? with a letter explaining the situation ?

nursetaylor1
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Post by nursetaylor1 » Wed Jul 15, 2009 6:07 pm

A friend of mine is in the same situation as u,but the immigration officers and police






o


hous
ee


Oer
use and raided the property,which was over 15 months ago and she has 2 children and has been reporting in at the police station on a weekly to prove she will not abscone and go into hiding they also have kept hold of her Indian passport and she is waiting for a decision on whether she will be able to obtain in house, otherwise she will have to leave and she may or may not be given entry into the country again, she may be looking at a ban as she has overstayed

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

Post by vinny » Wed Jul 15, 2009 10:26 pm

amserve wrote:she didnt apply due to wrong advice - a solicitor told them the only way was to go back and re-apply, which she didnt want to go back with 2 small children.

They have plenty of documentary evidence addressed to both at their address and she also has passed the english requirement.

So is it ILR she applies for ? with a letter explaining the situation ?
jei2 wrote:She has to apply for another category of leave - and it's certainly not ILR, for which passing the KOL test is an absolute must unless you're in an exempt group.

As she is now an overstayer, she may need to return home and re-apply from outside. Or throw herself upon the dubious mercies of Chikwamba.. :roll:
As Jei2 suggested, she has two options. Since she has KOL, applying for SET(M) and throwing herself upon the dubious mercies of Chikwamba may also be possible.
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.

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