Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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muhammadh
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by muhammadh » Sun Nov 10, 2024 9:01 am
Good morning every one
I have a complicated case where I applied for ilr using save route for financial evidence, but they emaile me that my application is invalid because I got a fine in the last 24 month for driving without insurance.
I declared the fine in the application and wrote cover letter about it, this fine was for riding an electric bike that I had no idea it must be inusred, however the decision was I cant be granted the ilr.
They said I can get the extension for 30 months,
My Question is are they going to let me upload my payslips for the period to cover that time so I can stay on the same route since I originally applied using save route for ilr not payalips or they will not give me chance upload more documents?
Please anyone with similar experience tell me how can I provide them with the documents?
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zimba
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by zimba » Sun Nov 10, 2024 6:49 pm
Your ILR was refused due to the paragraph S-ILR.1.6 of the Appendix FM of the immigration rules:
S-ILR.1.6. The applicant has, within the 24 months prior to the date on which the application is decided, been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.
Note that if you accept their offer, they may put you under the 10-year route which resets your ILR clock. I suggest instead applying again using FLR(M) and extending under 5-year route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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muhammadh
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by muhammadh » Mon Nov 11, 2024 8:09 am
Thank you so much for making it clear.
I would like to know if I didn't take their offer and make another application for extension does it mean I can apply for ilr after 30 months or after more than 24 months from the conviction or so I have to actually wait for 5 years?
And wil be my financial requirements based on before April or after April requirements?
I also want to say that in the email they sent me they mentioned this paragraph
"However, we are satisfied that you appear to meet the requirements to be
granted permission to stay (also known as limited leave to remain) under D-LTRP.1.1. (5-year route to settlement) for a further period of 30 months.
In these circumstances, in accordance with the consent you gave on the
application form, we are now treating your application as an application for
permission to stay."
Does this mean 5 years route or they didn't have a good check on the documents I provided before sending the email?
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zimba
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by zimba » Mon Nov 11, 2024 12:05 pm
The financial requirements are going to be based on the original date of the application. Any leave granted under D-LTRP.1.1 is leave granted under the 5-year route, so if you are offered such an extension then that is fine
E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:
(a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
(c) a combination of leave under (a) and (b).
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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muhammadh
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by muhammadh » Wed Nov 13, 2024 7:16 am
Thank you, so the email means I Will stay on 5 years route if I accepted the offer?
I have sent them the payslips to confirm that im eligible on that route. Will it be considered? I just want to make sure that I don't need to with draw this application and do a different one to stay on the 5 years
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zimba
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by zimba » Wed Nov 13, 2024 11:23 am
muhammadh wrote: ↑Wed Nov 13, 2024 7:16 am
Thank you, so the email means I Will stay on 5 years route if I accepted the offer?
I have sent them the payslips to confirm that im eligible on that route. Will it be considered? I just want to make sure that I don't need to with draw this application and do a different one to stay on the 5 years
If that is what the email says then yes, there is no need to withdraw
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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muhammadh
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by muhammadh » Sun Dec 08, 2024 12:21 pm
Hey thank you for your help. I received another email stating that they had to reconsider the decision and that I have been granted the ilr.
Do you advise me to apply for neutralisation now or will the previous offence will be a problem?
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zimba
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by zimba » Mon Dec 09, 2024 9:18 am
muhammadh wrote: ↑Sun Dec 08, 2024 12:21 pm
Hey thank you for your help. I received another email stating that they had to reconsider the decision and that I have been granted the ilr.
Do you advise me to apply for neutralisation now or will the previous offence will be a problem?
Nationality applications are totally separate under nationality law. The good character requirement applies and those are quite strict. Ask any nationality-related questions in the relevant sub forum
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice