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14 Year Rule
Posted: Tue Mar 02, 2010 10:53 pm
by UncleM
Good Evening - some advice please.... I sponsored a girl who came to the UK in June 1995. I was sure that I had kept her legal at all times but when I applied to extend her Visa I was told there had been a break in the 10 years legal residency as an application had been received late at some time so the application was dealt with under the 14 year rule and she was given a Visa valid until December 2011. She has now passed life in the UK test and can apply for ILR but she has been asked for proof of 14 years residency. As the UKBA have sent a letter, via her MP, confirming she has been granted leave to remain until December 2011 because she has been here 14 years is there a logical reason why they know want further proof. I don't want to rock the boat by pointing out the obvious to them but I don't want to send an application which will be refused.
UncleM
Posted: Wed Mar 03, 2010 2:33 am
by vinny
Send what they request.
Perhaps she should also apply for her
SAR file to see what's going on.
Posted: Wed Mar 03, 2010 9:35 am
by UncleM
vinny wrote:Send what they request.
Perhaps she should also apply for her
SAR file to see what's going on.
I asked for her SAR last December - the UKBA replied to acknowledge receipt of the request but sent their letter to the wrong address. I live at 62 they wrote to 26 but eventually it arrived at my home. I tried to telephone them using the phone number on their letter to point out the error but the number shown is not recognised by BT...
Posted: Wed Mar 03, 2010 11:05 am
by Wanderer
What does the SAR file say? If they are saying there's a break re 10 years stay then that applies to 14 years stay too.
Posted: Wed Mar 03, 2010 12:24 pm
by UncleM
Wanderer wrote:What does the SAR file say? If they are saying there's a break re 10 years stay then that applies to 14 years stay too.
Thanks for your reply...
Her Visa expired December 2008 when she had been here for 13 years. I applied under the 10 year rule but the response was that she had applied to extend her Visa late during the 10 year period. However by the time the UKBA replied she had been here 14 years so they issued another 3 year Visa under the 14 year rule. My query is as the UKBA say they have give her a Visa under the 14 year rule why do they now need proof of her 14 year stay when they have already confirmed in writing that she has been here for that length of time.
It seems strange that they wrote saying you can have your Visa because you have been her 14 years but when I enquire about ILR they then say we need proof you have been here for 14 years.
Posted: Wed Mar 03, 2010 1:30 pm
by mochyn
may be the left hand doesn't know what the right hand is doing