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Urgent help required for ILR (LR) & CCJ

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rjahan
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ILR ( 10 Years Long residence route)

Post by rjahan » Mon Oct 28, 2019 11:50 am

Hi respected members,

I would appreciate your advise as the recent court of appeal ruling in R (Ahmed) v Secretary of State for the Home Department [2019] EWCA Civ 1070 confused the matter.

Currently, I'm on a Tier 2 visa (since 07/16, will expire 09/21) and will complete my 10 years legal residence in the UK on January 2020 (arrived UK on 01/10). I'm considering whether to apply for ILR (long residence route) but need to understand the implication on short overstay due to technical reason and implications for my dependents (my spouse and UK born child).

In regards to my immigration history, I've had no break from my legal stay apart from the following which I understood to be allowed under the immigration laws previously:

In 2014, I had attempted to vary leave from Tier 4 (General) to Tier 2 (General). This was refused as my professional qualification was not accepted as equivalent to a UK degree for the purposes of the Rules. I opted to withdraw my legal challenge in favour of this a fresh application. Following the withdrawal of my appeal, my continuity of leave under section 3C Immigration Act 1971 was discontinued as of 27 June 2016. In compliance with the Immigration Rules, a fresh application was made within 28 days (on 4th July 2016) of the lapse of my last grant of leave and the application was successful on 12/07/2016.

Therefore my question is, if I were to apply for ILR on 10 year continuous residence in UK, would this gap diminish the chance of a successful outcome? my understanding was any period of overstaying under 28 days will be disregarded.

Again I appreciate your help with this.

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zimba
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Re: ILR ( 10 Years Long residence route)- Does ANY overstaying rule out settlement?

Post by zimba » Mon Oct 28, 2019 2:06 pm

Ahmed's case is different. This will not affect you as paragraph 39E applies to you and such a period of overstaying (between leaves) will be disregarded for ILR.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

rjahan
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Re: ILR ( 10 Years Long residence route)- Does ANY overstaying rule out settlement?

Post by rjahan » Mon Oct 28, 2019 2:48 pm

Thank you Zimba for your help.

rjahan
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ILR (LR) dependents status

Post by rjahan » Mon Nov 11, 2019 4:14 pm

Dear respected members,

Background:
I'm currently in Tier 2 visa and planning to apply for ILR (long residence) route this December. My wife is currently on a Tier 2 dependent visa since 2017 and her visa expires as mine in 2021. I also have a UK born children (4 months old) but did not apply for visa or passport yet.

Questions:
1) If my ILR (LR) is successful does my wife also needs to apply immediately partner of a settled person 5 years route? or does her current visa remains valid until she leaves the country? the solicitor I'm speaking to said HO may revoke her visa once the ILR is successful. Note meeting financial requirement won't be a problem but in terms of total visa fees+ legal for the whole family is nothing short of extortion!

2) For my child, I understand I have the option to apply for her citizenship if the ILR application is successful, my question is does she need any visa or passport be ahead of this? or does her UK birth certificate will suffice?

Thanks in advance.

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zimba
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Re: ILR (LR) dependents status

Post by zimba » Mon Nov 11, 2019 4:53 pm

1) If my ILR (LR) is successful does my wife also needs to apply immediately partner of a settled person 5 years route? or does her current visa remains valid until she leaves the country? the solicitor I'm speaking to said HO may revoke her visa once the ILR is successful. Note meeting financial requirement won't be a problem but in terms of total visa fees+ legal for the whole family is nothing short of extortion!
It will not be invalid but she is expected to switch to FLR(M) as soon as possible. Entry is probably refused if she travels. Better for her to switch as soon as possible as she needs to start her 5 year ILR clock from scratch.
2) For my child, I understand I have the option to apply for her citizenship if the ILR application is successful, my question is does she need any visa or passport be ahead of this? or does her UK birth certificate will suffice?
No need for a visa or passport. She is entitled to be registered as British using form MN1
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

rjahan
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Re: ILR ( 10 Years Long residence route)

Post by rjahan » Wed Nov 13, 2019 12:09 pm

Thank you very much for your help. My wife had paid her health-charge as part of T2 dependent Visa up to 2021? will she get any refund when she applies under family route?

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talreh20
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Re: ILR ( 10 Years Long residence route)

Post by talreh20 » Wed Nov 13, 2019 4:40 pm

No refund i am afraid.

rjahan
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Urgent help required for ILR (LR) & CCJ

Post by rjahan » Wed Dec 18, 2019 9:44 am

Hi all,

1) I have a UKVCAS appointment tomorrow. While competing the form the lawyer advised CCJ doesn't come within section relating to convictions or other penalties therefore have note disclosed it. Note I have paid the CCJ in full within the month it was Cancelled and removed from the credit file. Should I include the CCJ details and cancellation with the supporting documents in the interest of full disclosure? How this may impact my ILR application?

2) Also within the checklist in the form they have asked for some additional information although my dependents are not included with my applications:

a) ''correspondence addressed either to you jointly, or in both of your names, or addressed individually to you at the same address, to cover the last two years''
I don't have this prepared, do I need to provide it given my wife is not applying with me?

b) ''Document(s) showing your child / children's immigration status such as passports, biometric residence cards, or vignettes''
My child has only birth UK certificate and have not applied for any visa or passport.

Many thanks for your help with this.

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zimba
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Re: Urgent help required for ILR (LR) & CCJ

Post by zimba » Wed Dec 18, 2019 2:55 pm

1) I have a UKVCAS appointment tomorrow. While competing the form the lawyer advised CCJ doesn't come within section relating to convictions or other penalties therefore have note disclosed it. Note I have paid the CCJ in full within the month it was Cancelled and removed from the credit file. Should I include the CCJ details and cancellation with the supporting documents in the interest of full disclosure? How this may impact my ILR application?
You do not even get a CCJ record if you pay the debt within a month. Relax
2) Also within the checklist in the form they have asked for some additional information although my dependents are not included with my applications:
a) ''correspondence addressed either to you jointly, or in both of your names, or addressed individually to you at the same address, to cover the last two years'' I don't have this prepared, do I need to provide it given my wife is not applying with me?
Not relevant. Ignore it
b) ''Document(s) showing your child / children's immigration status such as passports, biometric residence cards, or vignettes''
My child has only birth UK certificate and have not applied for any visa or passport.
Not relevant. Ignore it
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

rjahan
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Re: Urgent help required for ILR (LR) & CCJ

Post by rjahan » Mon Dec 23, 2019 12:02 pm

Thank you very much. I had my appointment on 19th December morning via super priority service but have not received a decision yet! Called HO they said to wait 5 days and contact them back if I don't hear anything. Is there anything I can do do escalate the matter?

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zimba
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Re: Urgent help required for ILR (LR) & CCJ

Post by zimba » Tue Dec 24, 2019 2:23 am

rjahan wrote:
Mon Dec 23, 2019 12:02 pm
Thank you very much. I had my appointment on 19th December morning via super priority service but have not received a decision yet! Called HO they said to wait 5 days and contact them back if I don't hear anything. Is there anything I can do do escalate the matter?
No
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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