What do i claim for? been in UK since 1970

[sneakyg]

Hi, Not sure if this is in the right part of the forum

i desperately need help for a family member....here is the general idea.

arrived in England from Jamaica in 1970 as a minor

lived happily in England ever since, (currently 60 years old) never seen her passport since arriving in England (never needed it) and never left the country

in 2010 she applied for her first adult passport - a Jamaican one and then sent it to get a No time limit stamp which was rejected (although i only became aware of this recently) as no documents from her arrival could be located.

recently we have been contacted and this situation is that they are wanting to grant 2.5 years stay and go through applying and reapplying for extended stay.

It seems as the home office stance is that if we cant locate the documents then it doesn't exist.

im unsure what else we can do to prove that she had ILR (or ILE as it was applied for before her arrival)

im not sure what rights she has to apply for naturalization or something else rather than going down the current route of being granted 2.5 years and then reapplying, i though that she might be deemed as already having status on the grounds of her being here before the immigration act came into effect and there being grounds where it says that if you were here and present and settled then you were deemed to have settled status?

https://www.gov.uk/government/uploads/s ... 0.0EXT.pdf

we are a very low income family and this is tearing us apart - sleepless nights and depression. We have seen a solicitor who basically didn't tell us anything other than what we already knew and said that the 20 year route is also no longer applicable since some time this year?

[Amber]

The Immigration Act 1971 took effect on 1 January 1973. Applicants who were present and
settled in the UK on this date are deemed to have settled status, unless they:

 were exempt from immigration control on this date, or

 had the right of abode

Do you have any proof she was in the Country in 1970? Such as:

council tax letters
 letters confirming tenancy or mortgage payments
 electricity, gas or water bills
 letters from employers that confirm employment
 letters that confirm registration with a doctor?

[sneakyg]

The Immigration Act 1971 took effect on 1 January 1973. Applicants who were present and
settled in the UK on this date are deemed to have settled status, unless they:

 were exempt from immigration control on this date, or

 had the right of abode

Do you have any proof she was in the Country in 1970? Such as:

council tax letters
 letters confirming tenancy or mortgage payments
 electricity, gas or water bills
 letters from employers that confirm employment
 letters that confirm registration with a doctor?

Hi yes we have NHS records stating she was registered in 1970 - however the solicitor suggested that the term 'present and settled' means having leave to remain and proof of it?

im not sure personally

[Amber]

You need to be sure of that, it may not have a strict definition.

[sneakyg]

You need to be sure of that, it may not have a strict definition.

Thanks

How do you suggest I get a answer to that?

[Amber]

Assuming she did not have the right of abode? Then get the GP to write a letter stating she's been present and settled in the UK since 1970 and have never left the UK in that time.

[sneakyg]

Assuming she did not have the right of abode? Then get the GP to write a letter stating she's been present and settled in the UK since 1970 and have never left the UK in that time.

Hi

what does 'right of abode' mean?

how could i check if 'present and settled' has its own meaning in terms of the law?

[Amber]

See https://www.gov.uk/right-of-abode/overview

[sneakyg]

See https://www.gov.uk/right-of-abode/overview

Thanks,

at first glace I cant see that she has the right of abode;

1. she has never married
2. my Nan was also born in Jamaica (although lives here in England) and i believe became a British citizen after 1970 - although she has been living in England since 1961
3. she does not have a british passport

I dont understand the point 'you didn’t stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982'

[Obie]

We have to remember that the British immigration act 1962 and the subsequent contro controversial one in 1968, were designed to restrict rights significantly.

In the absence of documentary proof that she met the criteria in the 1968 act, it is hard to say that she was present and settled when the 1971 to act came into force.

[sneakyg]

We have to remember that the British immigration act 1962 and the subsequent contro controversial one in 1968, were designed to restrict rights significantly.

In the absence of documentary proof that she met the criteria in the 1968 act, it is hard to say that she was present and settled when the 1971 to act came into force.

Hi, thanks for your reply

do you have any suggestions about how we could locate these documents?

what was the criteria to determine if she was present and settled?

[Amber]

Subject to section 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain

I would imagine present is based on fact, i.e. in the UK at the time. If you can argue that she had no restrictions and that she was present as per GP records I think that should be worth a shot.

[sneakyg]

Subject to section 8(5) above, references to a person being settled in the United Kingdom are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain

I would imagine present is based on fact, i.e. in the UK at the time. If you can argue that she had no restrictions and that she was present as per GP records I think that should be worth a shot.

when you say 'of you could argue' who do u argue with? it seems as if the home office's stance is that she will be offered 2.5 years stay and feels as if the previous 40+ years have no relevance if we cant prove that she had ILR in the first instance

sorry for being a pain, but im very grateful for everyone's help

[Amber]

Did you send proof of presence in the UK in 1970?

[sneakyg]

Did you send proof of presence in the UK in 1970?

yes,sent a letter from GP and DWP stating when her NI was issued and when she registered with the NHS.

They then sent a letter requesting to go and get bio-metrics done. I have spoken to someone from there and they have said that they are planning on granting 2.5 years leave to remain (not indefinite) and that she would have to apply to extended it in 2.5 years then again up until 10 years i believe

it seems that even the 20 year long residency under private life is no longer an option without going through the 2.5 years route first?

[Amber]

Indeed, what form did you complete?

[sneakyg]

Indeed, what form did you complete?

none, no form has been completed since my mum went to get a NOTL stamp in 2010

[Amber]

Hen did they request bio metrics?

[sneakyg]

Hen did they request bio metrics?

they said that they are considering granting temporary leave to remain (2.5 years) under human rights - article 8.

the request for bio metrics came in a letter that was written something along the lines of 'as part of your application we request you to have your bio metrics taken'

But we have not made any applications

[sneakyg]

anyone got any other ideas?

[sneakyg]

Hi , Time is running out - how do i take this matter to the court?

I feel that she possibly should be deemed as having 'settled status' if i go by the guidance from the NTL pages -

https://www.gov.uk/government/uploads/s ... 4i__1_.pdf
PERSONS PRESENT AND SETTLED
IN THE UK ON 1 JANUARY 1973
If you were present and settled in the UK on 1 January 1973 and you did not have the right of abode, or you were not otherwise exempt from immigration control, you are deemed to have been granted indefinite leave to remain on that date, even though you may not have received formal notification of this decision (for example, an indefinite leave stamp in your passport). Provided you can show that you have resided continuously in the UK since that date and have not had your indefinite leave cancelled or revoked, you will have retained your indefinite leave status. If you wish to have your status confirmed on a BRP you must use form NTL.
You will need to provide as many documents as possible to show that you were present and settled in the UK on 1 January 1973 and have continued to reside here since that date. Please see Section 6 of the application form under the heading “Evidence of continuous residence in the UK” for examples of the types of documents you should submit.

now there is a part in section 6 that is relevant in this instance as we are unable to locate the original passport with the ILR stamp:
https://www.gov.uk/government/uploads/s ... _06-14.pdf

B
If you are unable to provide the documents in section A above and you and/or your dependant(s) were granted
ILR on a previous passport or other travel document, you must provide;

Evidence of continuous residence in the UK during the period since you and any dependant(s) who are
applying with you were granted indefinite leave, such as:
- council tax letters
- letter(s) from a GP confirming dates of attendance
- letter(s) from a school/college confirming dates of attendance
- electricity, gas or water bills
- letter(s) from employer(s) confirming employment, and

A police report or police reference number for the theft or loss of any missing passport(s) and/or travel
document(s), and

If you have them in your possession, any home office letter(s) notifying you and/or your dependants of the
grant of indefinite leave to enter or remain in the UK. If you do not have such letters to provide, we will aim to
decide your application by checking the information held about you on Home Office systems.

[sneakyg]

Hi, sorry to be a pain, but any help from my previous post would be very helpful.