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ILR Interview on friday

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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vian29
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ILR Interview on friday

Post by vian29 » Sun Jun 19, 2011 4:39 pm

Hello Guys this is my first time on here and i hope someone can help me out.

I first applied for HSMP before 2006, it was approved and i was granted entry clearance Jan 2006(i was already in the UK), i applied for renewal Jan 2007 but was rejected because the rules changed, so i had to leave the country in May 2007 after an unsuccessful appeal.
I came back in May 2008 as a dependant on my husband's wp.

I applied for judicial review in January 2011 and was approved and granted leave till Feb 2014 with a letter stating that the period Jan 2007 to Feb 2011(when my review was accepted) would count as time spent under HSMP.

My Questions:
Am i eligible to apply for ILR straight away (I believe i qualify under the 4 year qualifying rule for pre April 2006 applications)

If i am already eligible, why did the home office extend my leave till 2014?

Also i had a son in March last year, do i need to include him on my form as a dependant?(thus paying an extra £650 in fees) or should i just apply for myself and wait till i get my ILR and then apply for citizenship for him straight away?..Is this right?

Also am i eligible to apply for citizenship if my ILR is approved, as under the hsmp judicial review i qualify for settlement in 4 years and if the time spent away from the uk counts then i can assume that i became eligible for citizenship in Jan this year (i.e. Jan 2006 to Jan 2011).

I hope someone can provide me some useful answers or any pointers.
I will call the home office tomorrow but just thot I'd pick your brains first.

Thanks guys

geriatrix
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Re: ILR Interview on friday

Post by geriatrix » Sun Jun 19, 2011 8:19 pm

vian29 wrote:Am i eligible to apply for ILR straight away (I believe i qualify under the 4 year qualifying rule for pre April 2006 applications)
Yes.
vian29 wrote:Also i had a son in March last year, do i need to include him on my form as a dependant?(thus paying an extra £650 in fees) or should i just apply for myself and wait till i get my ILR and then apply for citizenship for him straight away?..Is this right?
If child is born in the UK, then there is no need to apply for settlement (for him). If the child was born abroad, then you must include him in the settlement application as your dependant.
vian29 wrote:Also am i eligible to apply for citizenship if my ILR is approved, as under the hsmp judicial review i qualify for settlement in 4 years and if the time spent away from the uk counts then i can assume that i became eligible for citizenship in Jan this year (i.e. Jan 2006 to Jan 2011).
When you may be eligible to apply for naturalisation will depend on the date you are deemed to have been granted settlement. If, when you are granted settlement, you are issued with a letter confirming grant of settlement from a date in the past, then you will be eligible for naturalisation after 12 months of such date.
Life isn't fair, but you can be!

Gopaalan
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Re: ILR Interview on friday

Post by Gopaalan » Mon Jun 20, 2011 12:47 pm

I Guess you got the answers.
vian29 wrote: I applied for judicial review in January 2011
would you give us an indication, how long it took and how much money you spent on Judicial review. I've read somewhere in this forum it costs around 20-30k. Some of my mates may have to follow the JR path for ILR and would be beneficial for them to plan.

vian29
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Re: ILR Interview on friday

Post by vian29 » Mon Jun 20, 2011 8:16 pm

Gopaalan wrote:I Guess you got the answers.
vian29 wrote: I applied for judicial review in January 2011
would you give us an indication, how long it took and how much money you spent on Judicial review. I've read somewhere in this forum it costs around 20-30k. Some of my mates may have to follow the JR path for ILR and would be beneficial for them to plan.
I applied for the JR in 2nd week of Jan 2011 and got a response by second week of february 2011, so about 4 weeks really...JR WAS/IS FREE...i didn't pay a dime.....the whole idea of the JR is that they will be reviewing your case against the old rules (which you paid for initially), so no payment required, just download form off the internet, fill and post it

geriatrix
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Post by geriatrix » Mon Jun 20, 2011 8:18 pm

If I may ask, which form did you use?

Maybe I have got it wrong, but I think you did not apply for JR yourself but applied for your leave to be re-instated in light of the HSMP JR.
Life isn't fair, but you can be!

vian29
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Joined: Sun Jun 19, 2011 3:34 pm

Post by vian29 » Mon Jun 20, 2011 9:32 pm

sushdmehta wrote:If I may ask, which form did you use?

Maybe I have got it wrong, but I think you did not apply for JR yourself but applied for your leave to be re-instated in light of the HSMP JR.
well i guess that is what i did ie to apply for my status to be reviewd in light of the JR....is there another type of JR out there?..trying to get the link via UKBA but the website seems to be faulty as the page isn't loading

geriatrix
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Post by geriatrix » Tue Jun 21, 2011 1:04 am

Don't bother.

You didn't apply for JR! Someone else did .. 3 years ago .. and won. You just benefited from it.
Life isn't fair, but you can be!

vian29
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Updates

Post by vian29 » Tue Jun 28, 2011 12:19 pm

Hello Guys,
Thanks for your advice and suggestions last week.

My interview was successful and i was granted my indefinite with a letter saying my ILR was backdated with effect from Jan last year.

I want to go ahead and apply for my citizenship and want to know
a) should i apply to register my son on form mn1 and pay the £700 required? OR
b) just wait till my citizenship application is approved and then apply for a passport for my son, thus saving myself an extra 700quid in fees?

Since my ILR was backdated to last January, then my son automatically qualifies for citizen as he was born in March 2010 doesn't he?, should i then just apply for a passport for him? will there be any records at the home office to back my application for a passport for him?

Please note my husband is on a diplomatic exempt visa and so is our son and when i asked, they said i wouldn't be able to apply for my son as any person with an exempt visa cannot apply for ILR or citizenship..surely this isn't right?
He is my son and was born here last year, i should always in any circumstance be able to claim him as my dependant shouldn't I?

Any suggestions or thoughts on these?

hellog123
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Re: ILR Interview on friday

Post by hellog123 » Tue Jun 28, 2011 1:13 pm

vian29 wrote:
Gopaalan wrote:I Guess you got the answers.
vian29 wrote: I applied for judicial review in January 2011
I applied for the JR in 2nd week of Jan 2011 and got a response by second week of february 2011, so about 4 weeks really...JR WAS/IS FREE...i didn't pay a dime.....the whole idea of the JR is that they will be reviewing your case against the old rules (which you paid for initially), so no payment required, just download form off the internet, fill and post it
My question to you is how come its free, so u meant u didnt pay any fees when u applied under ILR under JR. Is it because you took a second extension before, inorder to qualify for leave after 5 years .
We also applied for ILR under JR 4 years category. We paid the fees of 972(main applicant ) +972(+18 years dependent).
Sushdmehta, could u please reflect on this.

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