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Urgent please advice ….Do I need to cancel my NCS appointmen

Posted: Sat Oct 06, 2012 6:24 pm
by harikora
I have appt with NCS on 10/10/2012, do I need to cancel. It is me & my partner and child (born in uk before our ILR) are applying. We are using MN1 And AN for us.
I have ILR stamp date on 14/10/2011. I have ILR based on 2 + 3 HSMP. I was in UK on 10/10/2007 and resident since 2003.
Please advise if I will meet residency requirement or not?
Consider this link about discretion in restrictions.
http://www.ukba.homeoffice.gov.uk/briti ... trictions/
“you have been free from immigration time restrictions for at least 12 months by the date when we consider your application; or”
Please help urgently. Is there any example of success in such situations?
Thanks in advance.

Posted: Sat Oct 06, 2012 6:39 pm
by electricorange
Reading the page you linked to, it certainly seems that you'll be OK on the basis of either of these 2 points:
If you have not been free from time restrictions for 12 months, we will normally use our discretion to disregard this if:
  • you have been free from immigration time restrictions for at least 12 months by the date when we consider your application

    the time restriction was in place for less than 10 days at the beginning of the 12-month period;
I'm no expert, and I yield to the others here, but it certainly seems as if you should go ahead with your appointment.

I would certainly suggest you print that web page you linked to, and bring it with you to the NCS appointment.

Posted: Sat Oct 06, 2012 8:58 pm
by Jambo
The important date is when the HO receives the application. Not the NCS appointment date. Just ask NCS to post the application after 13/10.

Posted: Sun Oct 07, 2012 7:55 pm
by olawest
Jambo wrote:The important date is when the HO receives the application. Not the NCS appointment date. Just ask NCS to post the application after 13/10.
I agree with Jambo! Request the NCS folks to post the application on or after 13/10/12.