The application was granted, no questions asked. I included a cover letter explaining the need to correct the record and including a copy of the Appeal Determination. A second letter outlined step by step how the application should be checked according to the old rules and how it met these rules, wi...
I believe that for those who applied before July 9 2012 and appeal successfully, the following guidance is crucial. The information below (Aug 2015)seems to contradict the information in paragraph 4 of the original post on this page - i.e. that the new Rules come into play for appeals after July 9 2...
if the applicant already exceeds the financial requirements, is it necessary for the partner to produce 6 months bank statements? Or would 6 months payslips and most recent bank statement suffice?
We are applying for ILR on the partner route (old rules) The applicant earns above £20k and above £30k savings are jointly held. They will provide bank statements and pay slips and p60. Technically would this be enough to meet the Old Rules? For the British partner, is it sufficient to provide 6 mon...
OK. So the process basically involves going in submitting documents and then waiting?
There are no actually conversation with the Case Worker unless they wish to ask something specific?
Yes, the people on the helpline have minimal knowledge. I've spoken to a lawyer and been told that the HO must correct their record if it is in contradiction to the result of a Tribunal.(even if a long time passed since the decision) If they make a new decision based on their incorrect information, ...
OK. I've found them below now! The requirements for Settlement confusingly come under the tab Refusal of leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for s...
Hi, I am struggling to find which paragraphs in Part 8 of the Rules relate to Unmarried Partners seeking ILR having completed 2 years probationary period. There is reference to Leave to Enter, but nothing clear about ILR. https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-...
Yes we have it in writing. It is crystal clear that we won according to the rules. During the appeal, I had Article 8 as a parallel argument. The judge wrote twice that we did not need Article 8, as we met the Rules. However, she mentioned 'for the sake of completeness' we would have met Article 8 F...
Does anyone have experience of applying under Old Rules for ILR - having incorrectly been give 2.5 years FLR (rather than2)? My partner won her appeal according to the Rules. Her original application was before 9 Jul 2012, so she meets the criteria to be considered under the Old Rules for ILR. Howev...
Yes, thanks, this is the guide I am referring to. Just looking online, I can see many cases of UKBA 'errors'. In my case it is clear cut - we won the appeal according to the Rules, yet they have marked that it was won on Article 8. So according to the result of the Tribunal, we are eligible to apply...
Certainly if had to rely on Article 8 Family Life, it would be complicated. Which is why I am concerned about the Home Office mistake. But we shouldn't have to as the appeal was under the Rules. the Home Office Caseworker made a clerical error. Can they retrospectively ignore the Judge's determinati...
So to summarise, the SAR shows that the visa was granted on Article 8 Family Life grounds. However the Judges determination (unchallenged) shows it was granted within the Rules. Should we just take the Judge's determination? Or should we postpone the appointment and write to our MP? The determinatio...
2.5 years.
Clearly they made a mistake as it should have been 2 years.
But they did not contest the judge's decision in any way, so according to the law, my partner should be eligble to apply for ILR under the old rules
My partner successfully appealed against a rejection of her application for FLR as an unmarried partner. The judge ruled in our favour in terms of the Immigration Rules . And... for arguments sake Article 8 (although she made it clear that we did not need Article 8 ). The Home Office did not contest...
I am a British citizen. My partner, who entered the UK on a 1 year student visa, applied for FLR as my Unmarried Partner in May 2012. In Feb 2013, it was refused. In Jul 2013, we won the Appeal (within the rules). According to the current Guidance, those who APPLIED for FLR PRIOR to 9th July 2012, w...
I absolutely agree that point and realise its a hard one to argue. But the argument is that prior in English generally means 'before' which is not the same as 'immediately preceding' or 'immediately before'. For example, if someone asks you in a Job interview if you have any experience prior to appl...
The point is that we have had over 2 years akin to marriage and can prove it and that UKBA has stated in writing that during the gap,we did sustain our relationship. They state that the maximum gap is 6 months, but this 6 months refers to a period WITHIN the 2 years. We had over 2 consecutive years ...
I agree that 18 months is a long time. However in the rejection letter itself, it stated that we have shown that we can maintain a relationship whilst living apart (we provided evidence of skype history and visits). Therefore, UKBA themselves have accepted that we maintained the relationship. In law...
Hi, I have read FM 2.0 and this is what I mean. "In Appendix FM, an unmarried partner or a same sex partner means a person" "who has been living with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application." Prior to in English ...
I am very confused about this period. IS there anywhere in the guidance that states explicitly that this period must be directly preceding the application? i.e. what if a couple lived with each other in India for 3 years, then were separated for 18months (but sustained the relationship) and then liv...
