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Need help
Posted: Thu May 21, 2020 12:09 pm
by scorpio00
Hi,
My partner is from Nigeria and we are going to put application for Indefinite leave to remain.
I have been advised that his name needs to be seen his name needs to be seen on council tax. What will HO need to know?
I am really scared now that now we are doing this application he might be sent back. He is an overstayer.
Can someone advise me please
Re: Need help
Posted: Thu May 21, 2020 12:21 pm
by Casa
scorpio00 wrote: ↑Thu May 21, 2020 12:09 pm
Hi,
My partner is from Nigeria and we are going to put application for Indefinite leave to remain.
I have been advised that his name needs to be seen his name needs to be seen on council tax. What will HO need to know?
I am really scared now that now we are doing this application he might be sent back. He is an overstayer.
Can someone advise me please
If your partner has overstayed, does he now have legal status in the UK? How does he qualify for ILR?
Re: Need help
Posted: Thu May 21, 2020 1:14 pm
by scorpio00
We are currently putting all documents together to apply for ILR.
We just been advised his name needs to be on council tax.
We have a solicitor who will help us but first a letter is needed with his name on.
I am worried because he been here 8years and I met him nearly 3years in July.
I am worried because he been living with me and I have not told the council scared he will get sent back home. We not lived together long will HO ask council when he moved in or do they just need council tax letter with name on.
We have our other supporting documents.
Re: Need help
Posted: Thu May 21, 2020 2:01 pm
by Casa
If your partner has been in the UK for 8 years without a valid visa, he doesn't qualify for ILR. Either you have misunderstood your legal advisor, or they are seriously mistaken in their understanding of the Immigration Rules
I assume you're applying as Unmarried Partners. This requires documented evidence of at least 2 years living together in a relationship 'akin to marriage'.
What nationality do you hold?
Re: Need help
Posted: Thu May 21, 2020 4:38 pm
by scorpio00
I am from the UK and was born here.
But many people have done this before.
A solicitor will do this for us.
Re: Need help
Posted: Thu May 21, 2020 5:05 pm
by scorpio00
Some people have done this and go there papers fast.
My partner a good guy he has family here. Even before we met. My child really is attached to him so we are doing a letter from him.
I currently work.
We do have a strong unit behind and we plan to get married after so it can be legalized.
All I need is council tax letter to and put his name on it.
I ask this person who helped us about if HO will check how long we have lived together and they seem to think they won't only to see his name on council tax.
My partner is getting frustrated because a lot of people got their things fast. As I clueless don't want to mess up and him go back to Nigeria.
He wants to go for 2 years ILR.
Re: Need help
Posted: Thu May 21, 2020 5:08 pm
by zimba
scorpio00 wrote: ↑Thu May 21, 2020 5:05 pm
Some people have done this and go there papers fast.
My partner a good guy he has family here. Even before we met. My child really is attached to him so we are doing a letter from him.
I currently work.
We do have a strong unit behind and we plan to get married after so it can be legalized.
All I need is council tax letter to and put his name on it.
I ask this person who helped us about if HO will check how long we have lived together and they seem to think they won't only to see his name on council tax.
My partner is getting frustrated because a lot of people got their things fast. As I clueless don't want to mess up and him go back to Nigeria.
He wants to go for 2 years ILR.
That is not how the rules work.
Best case scenario would be discretionary leave with the possibility of ILR in 10 years
Re: Need help
Posted: Thu May 21, 2020 6:35 pm
by scorpio00
But if you put a good case to HO with solicitor involvement I think he will be fine.
He has friends who has been in same position as him and got there stuff fast.
I don't see why he would get sent back he really has strong unit here.
Re: Need help
Posted: Thu May 21, 2020 7:01 pm
by arjay
scorpio00 wrote: ↑Thu May 21, 2020 6:35 pm
But if you put a good case to HO with solicitor involvement I think he will be fine.
He has friends who has been in same position as him and got there stuff fast.
I don't see why he would get sent back he really has strong unit here.
But what basis i.e. visa, did he come here on?
Re: Need help
Posted: Thu May 21, 2020 7:03 pm
by scorpio00
He came on visitors visa.
Re: Need help
Posted: Thu May 21, 2020 7:59 pm
by CR001
He doesn't qualify for ILR in any shape or form. He needs a minimum of 5 years legal residence.
Re: Need help
Posted: Thu May 21, 2020 8:07 pm
by seagul
scorpio00 wrote: ↑Thu May 21, 2020 5:05 pm
All I need is council tax letter to and put his name on it.
Almost all councils now want to see the tenancy agreement for this purpose which he cannot obtain because of his ineligibility in passing the right of rent checks & other referencing.
Re: Need help
Posted: Thu May 21, 2020 8:15 pm
by scorpio00
You mean HO needs to see tenancy.
I only been told to get his name on council tax. But will HO check with council to know how long he been on it?
I am the one along side someone else to help him get his ILR.
I am in two minds because got a bad feeling he will be refused.
Many people have got it but I keep telling him everyone situation different.
It sounds so easy.
Re: Need help
Posted: Thu May 21, 2020 8:50 pm
by zimba
scorpio00 wrote: ↑Thu May 21, 2020 8:15 pm
You mean HO needs to see tenancy.
I only been told to get his name on council tax. But will HO check with council to know how long he been on it?
I am the one along side someone else to help him get his ILR.
I am in two minds because got a bad feeling he will be refused.
Many people have got it but I keep telling him everyone situation different.
It sounds so easy.
I am not sure what you are trying to get here, to be honest. You do not seem to know anything about the immigration rules. You have been advised that such a person as you described cannot get ILR as per rules. You keep saying it is possible because someone said something. His best case will be DLR outside the immigration rules even if he has lots of good reasons to be here. ILR is not possible I am afraid
Re: Need help
Posted: Thu May 21, 2020 9:00 pm
by scorpio00
Even if he been here along time good character letters from people. He is with someone he and stepchild.
Having a baby would that make things faster?
Re: Need help
Posted: Thu May 21, 2020 9:03 pm
by CR001
scorpio00 wrote: ↑Thu May 21, 2020 9:00 pm
Even if he been here along time good character letters from people. He is with someone he and stepchild.
Having a baby would that make things faster?
He does NOT qualify for ilr. The route to ilr for those who have no legal status and based on 14 years residence was removed in 2012. There is no longer an ilr route if an applicant does not have a minimum of 5 years legal residence.
If he is lucky, he only has the option of FLR fp partner route but you would need substantially more evidence for two years minimum, than just a single council tax bill. FLR fp can take a long time for a decision and has a high refusal rate.
Re: Need help
Posted: Thu May 21, 2020 9:11 pm
by scorpio00
Thank you for your advice
Re: Need help
Posted: Thu May 21, 2020 9:17 pm
by scorpio00
He has been on a bill for 2years and he always at my place although he had to work away.
Re: Need help
Posted: Thu May 21, 2020 9:25 pm
by scorpio00
We have been to solicitors who gave us advice a list of things we needed to do.
That's what we are doing so they can fight our case.
Re: Need help
Posted: Thu May 21, 2020 9:28 pm
by CR001
You need substantially more evidence than "a bill" to prove two years of cohabitation.
A solicitor has no influence with HO on any case. Solicitors simply charge you a lot of money to complete a form and upload documents to the online portal, which you can do yourself. Of course they will tell you what you want to hear as all they see is how much money they can make from a low success rate application, they know the application will fail and then convince you that they can help with an appeal, if appeal rights are granted ( they aren't always granted), which will end up costing you substantially more money again.
Re: Need help
Posted: Thu May 21, 2020 9:35 pm
by scorpio00
What is the best way forward?
Re: Need help
Posted: Thu May 21, 2020 9:40 pm
by scorpio00
If he on a bill for 2 years will that help things.
Re: Need help
Posted: Thu May 21, 2020 9:46 pm
by seagul
scorpio00 wrote: ↑Thu May 21, 2020 9:35 pm
What is the best way forward?
Send him back home and marry with him there. Then apply spouse visa.
Re: Need help
Posted: Thu May 21, 2020 9:50 pm
by scorpio00
I just need a lifeline here.
Sorry I will call solicitors tomorrow ask for advice. Speak to my partner brother.
Thanks
Re: Need help
Posted: Fri May 22, 2020 9:41 pm
by scorpio00
Can you delete my account please