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Help with Indefinite Leave to Remain

General UK immigration & work permits; don't post job search or family related topics!

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ivan
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Help with Indefinite Leave to Remain

Post by ivan » Tue Aug 14, 2007 10:21 pm

Hi,

I've been in the UK since 1999, first three years on a student visa, next five on a WP. My wife has been here with me from the first day and our son was born here in 1999.

I understand we now fulfill all requirements for ILR. Still need to pass the 'Life in the UK', but we are scientists and sample questions don't seem very scary.

I have recently changed employment (and was granted a new WP). As a result, although my current leave to remain is until 2010 I am required to apply again within 6 months.

Questions:

1. Is it ok to apply for ILR instead of extension of LTR? From what I've seen on IND web site, this shouldn't be a problem, but I would appreciate some expert advice.

2. Can we all apply for IRL at the same time (myself, wife and son)? Again, I assume that shouldn't be a problem, but I couldn't find explicit answer.

Finally, a big thumbs up for the web site.

Thanks,
Ivan

sam1000s
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Posts: 36
Joined: Fri Mar 24, 2006 10:58 am

Post by sam1000s » Wed Aug 15, 2007 7:47 am

Have you Finished 5 years in WP category?

Also once you obtain new WP you must get the new FLR
since the old FLR is no more Valid.

Even in case you have completed 5 years in WP and while
applying ILR you must have a valid FLR where in your case
the existing FLR is no more valid since it was issued on your previous
employment.

I think I've given the right answer, moderators if you feel
I'm wrong please delete this.

Thank you and gud luk Ivan...

sam1000s
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Posts: 36
Joined: Fri Mar 24, 2006 10:58 am

Post by sam1000s » Wed Aug 15, 2007 7:51 am

1. Is it ok to apply for ILR instead of extension of LTR? From what I've seen on IND web site, this shouldn't be a problem, but I would appreciate some expert advice.
Ivan Could you provide here the link of the IND website regarding that.

Thank you

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Wed Aug 15, 2007 9:03 am

Ivan, surprised if you have already completed 5 years on WP ... or even 5 years less 28 days ... that you did not apply for ILR already and save the new employer the bother and expense of getting you a WP!

You and your wife need to pass the Life in the UK Citizenship test as soon as possible. Having both got those pass certificates you should then submit a form SET(O) to apply for your ILR. Click here to download the form. On examining the form you will see that you can enter your family's details as well, so when your application is granted, all three of you will get ILR at the same time. And indeed all get ILR for just the one application fee! (Which is why it is important that both you and your wife pass the Citizenship Test before making the application.)
John

ivan
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Posts: 5
Joined: Tue Aug 14, 2007 9:56 pm

Thanks

Post by ivan » Wed Aug 15, 2007 10:20 am

Thanks for your replies!
surprised if you have already completed 5 years on WP ... or even 5 years less 28 days ... that you did not apply for ILR already and save the new employer the bother and expense of getting you a WP!
Unfortunately, I didn't have full 5 years - there were about 2 months to go.
You and your wife need to pass the Life in the UK Citizenship test as soon as possible. Having both got those pass certificates you should then submit a form SET(O) to apply for your ILR. Click here to download the form. On examining the form you will see that you can enter your family's details as well, so when your application is granted, all three of you will get ILR at the same time. And indeed all get ILR for just the one application fee! (Which is why it is important that both you and your wife pass the Citizenship Test before making the application.)
Spot on, this answers both my questions. Thanks very much John.

Ivan Could you provide here the link of the IND website regarding that.
I'll have to dig again to find that. I'm at work now so it'll have to be later tonight...


Thanks again,

Ivan

JAJ
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Joined: Sun Oct 23, 2005 8:29 pm
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Post by JAJ » Wed Aug 15, 2007 11:01 am

John wrote: You and your wife need to pass the Life in the UK Citizenship test as soon as possible. Having both got those pass certificates you should then submit a form SET(O) to apply for your ILR. Click here to download the form. On examining the form you will see that you can enter your family's details as well, so when your application is granted, all three of you will get ILR at the same time. And indeed all get ILR for just the one application fee!
And as soon as ILR is granted, the UK born son can immediately be registered as a British citizen.

ivan
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Posts: 5
Joined: Tue Aug 14, 2007 9:56 pm

Post by ivan » Wed Aug 15, 2007 11:03 pm

1. Is it ok to apply for ILR instead of extension of LTR? From what I've seen on IND web site, this shouldn't be a problem, but I would appreciate some expert advice.
Ivan Could you provide here the link of the IND website regarding that.

Ok, looked it up again. I've based my asumption on section 5 of this doc: http://www.ind.homeoffice.gov.uk/docume ... iew=Binary .

Basically this is refusal section that says that if ILR is not granted, the applicant may be granted LTR if they fulfill relevant LTR requirements. As I do fulfill LTR requirements, at worst extension of LTR should be granted.


And as soon as ILR is granted, the UK born son can immediately be registered as a British citizen.
Thanks for that, I had no idea! He will be very pleased as he considers himself British (7yo)...

By the way, can you point me to a reference regarding this?


Thanks,
Ivan
Last edited by ivan on Thu Nov 29, 2007 12:00 am, edited 1 time in total.

ivan
Newly Registered
Posts: 5
Joined: Tue Aug 14, 2007 9:56 pm

Success!

Post by ivan » Wed Nov 28, 2007 10:39 pm

Hi again,

Just to report that our application has been successful.

After submitting the application, I have been asked to provide all work permit letters and P60s for the last five years. This was not on the list of required documents in the guidance notes or the form, which got me slightly worried. Fortunately, I had the documents requested (in some cases only had photo copies or duplicates).

Anyway, we have received the passports and the cover letter has also confirmed what JAJ has said about my UK born son - he can now be registered as a British citizen.

Thanks all for your help.

Ivan

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