Immigrationboards.com

My husband is on a marriage visa, he's in his 2nd one (ie his renewal), there was a delay to being granted his renewal meaning that his visa doesn't run out until June 2019. However he's been in England continously since his entrance in November 2013 meaning that his 5 years here ends November this year. Can he apply for ILR after his 5 years, or does he have to wait 28 days before visa expiry. Wouldn't want a refusal, so expensive and yet the sooner we can get ILR the better, and of course avoidance of the inevitable price hike in April would be grand.
The gov. Employee we spoke with about 6 months said "it's a grey area and I wouldn't risk applying early"

There is no grey area, the expiry of the visa is not relevant. He can apply when he is within 28 days from completing his qualifying period

That's fantastic news. Thank you for your rapid reply. Lets hope whichever caseworker is assigned agrees

Flathead wifi wrote: ↑

Sun Jun 10, 2018 10:26 pm

That's fantastic news. Thank you for your rapid reply. Lets hope whichever caseworker is assigned agrees

Rules are very clear on this

I am going to apologise now, this is likely to be the start of a few questions regarding filling out the set(m) as we're finding the questions a little ambiguous.
So we're going to ask in bite sized chunks.
1) The whole set of do you have Family / Friends in Birth country, ( and anywhere you've lived for more than 5 years - which would now include the UK).?!?
So husband -!the applicant has almost all his family in Turkey, and a significant number of friends. With a limited amount of words I'm unsure how much info is needed. Ie full addresses or just Town and Country....that wouldn't leave much space for UK friends and family?!?

2) Are you part of any social groups or cultural ties in (Turkey)? Erm what are social groups? We initially put "NO" BUT then it asked. "Explained why not- this could include reasons you or your family would not be able to integrate into any of these countries)..... I have no idea what this means.

Any help will be so appreciated.

Warm regards
Dawn

I am almost sure the question does not include friends and family in the UK. It applies to the applicants home country or any other (not UK) country where they have lived for more than five years. I would only list family members (not their names or addresses) and either many, several or a few friends, whichever is applicable.

As to cultural ties or social groups, I guess that means clubs, organizations etc. In our case, it is easy as we left my husband’s home country in 1983 and he only has a sister and nephew there. As we are older, his friends have either left or died. Similarly, in the country in which we lived before we relocated to the UK, we only have one or two close friends and no family, as, again most left or have died .

That's great, thank you for your help....so far - there will be more questions no doubt.

So just to confirm the "social groups" - presumably as we've stated the my husbands family still live in Turkey we'd have to answer "yes" to it and explain that the "social" group is his family? IF we type YES to the question is comes up with:

[i]Provide details
List the social networks or connections, where they are located and your involvement with them[/i]

as apposed to if we type NO we get the following:


[i]Explain why not
This could include reasons you or your family would not be able to integrate into any of these countries

Sorry if I'm repeating myself it's just we want to get this right

Personal:
So the question below, am I to take this literally and note ALL holidays outside the UK in the past 5 years - that's about 14 holidays of which a couple we don't have all the exact dates..advice would be much appreciated.

Details of time spent outside the UK
You will be able to enter additional time outside the UK after you select 'Save and continue'.

Work:
This following question has me stumped..... I'm definitely one the two below... but i'm confused about the "same amount continuously" - I mean I've been on the same pay scale for 3 years... but had the typical 1% incremental pay rises over the years.... so technically it's not the same - but the pay scale is the same?? Help!


[i0]What do they earn? (Required)
The same amount continuously, above the financial requirement amount

Not the same amount continuously, above the financial requirement amount[/i]

CR001 wrote: ↑

Thu Nov 22, 2018 9:49 pm

Topics Merged (please click to read)

Apologies, have I accidently merged my own questions (and shouldn't have) -or have you done that because that's what is meant to happen?

Flathead wifi wrote: ↑

Thu Nov 22, 2018 9:59 pm

CR001 wrote: ↑

Thu Nov 22, 2018 9:49 pm

Topics Merged (please click to read)

Apologies, have I accidently merged my own questions (and shouldn't have) -or have you done that because that's what is meant to happen?

I merged your topics as all questions related to the same application, as the link explains.

I am quite sure the "not the same amount..." option refers to fluctuating income. So someone might get 1500£ one month and 2500£ the next. It probably doesn't mean annual rises.

Hopefully this is my last query you most helpful people.

Can I refer to qn earlier question for some advice.

Personal:
So the question below, am I to take this literally and note ALL holidays outside the UK in the past 5 years - that's about 14 holidays of which a couple we don't have all the exact dates..advice would be much appreciated.

Details of time spent outside the UK
You will be able to enter additional time outside the UK

You should enter the details as accurately as possible. Enter whatever you think you remember

So after 5 1/2 months of waiting we've been refused our ILR! . Allegedly our English exam isn't correct, so rather than the option of getting the right one, we are forced to pay £500 nhs surcharge within 10 days (more 6 as we've been away)for FLR for 30 months.
2) Can we reapply for ILR (after we've sorted the English exam) immediately?

Flathead wifi wrote: ↑

Sun May 05, 2019 3:24 pm

So after 5 1/2 months of waiting we've been refused our ILR! . Allegedly our English exam isn't correct, so rather than the option of getting the right one, we are forced to pay £500 nhs surcharge within 10 days (more 6 as we've been away)for FLR for 30 months.
2) Can we reapply for ILR (after we've sorted the English exam) immediately?

What English test did he submit then??

When did his visa expire?

Has HO issued a new visa and what did the letter say exactly what he has been granted?

We used the FLR SELT test, but it's the A2 version not the B1.
They've offered 30 months FLR on paying the full NHS surcharge (however my husbands current FLR doesn't run out till July) so I can't see why we can't reapply for ILR after doing the English exam instead of being forced to pay more surcharge.
The letter states if we don't pay then the FLR offer will be taken away and he risks being removed; as we've been away we now only have 5 days left to pay I don't want to risk not getting the offer in lieu of trying to sort this out.

Do not pay it as it will likely put him on a new residence path under FLR(FP).

Simply apply again for ILR once he has the correct test as he still has a valid visa. Not sure how he missed this B1 requirement, it has been in place for many years for ILR.

Right..I've been reading some of the similar situations on here, but I'm even more confused. Some people are suggesting AR, some are saying the immigration officer should give the opportunity for the applicant to take the right exam etc....

Having used the wrong english exam, and being offered 30 month FLR on 5 year route, should the immigration officer not given us the option of taking the correct exam?

My husbands current FLR runs out 02nd June.
What are our options? - can we argue the point that we should be allowed to take the English Exam? and who/how do we make contact to discuss?

If we don't pay the £500 IHS then our ILR application becomes invalid, do we then wait until they send all the documents back (at the risk they don't send them back before his FLR runs out), and reapply for ILR from the beginning?

Do we pay the £500 - to be safe (by 20th May according to the paperwork), and then just reapply ILR once all the documents are back? (will it be another 6 month wait?)

Sorry to keep pestering