Extremely Urgent Query

tarbiya · Post by **tarbiya** » Mon Jan 09, 2006 1:11 pm

Sorry Folks, I want to get this right. I came to the uK as student on oct 2001. I got married with a british girl on April 2004, I am currently working as Digital Security Engineer. I am still on the probation period but me and my wife are separate. Do I qualify for ILR. What do I do to Get the ILR??

mhunjn · Post by **mhunjn** » Mon Jan 09, 2006 1:51 pm

Were you working on a WP?... or did you register as spouse and were on a spouse visa?...

tarbiya · Post by **tarbiya** » Mon Jan 09, 2006 2:11 pm

yes I am working on the spouse's.
Note: I think that the immigration officer did a mistake as he's giving me a non spouse 2 years stamp. as it doesnt mention i am married. it says:"Leave to remain in Jersey, on condition that the holder maintains and accomodates himself and any dependents without recourse to public funds is hearby given until 8th april 2006. on behalf of bailiwick of jersey"

tarbiya · Post by **tarbiya** » Mon Jan 09, 2006 2:13 pm

I registered as married but was given the above stamp ^

mhunjn · Post by **mhunjn** » Mon Jan 09, 2006 2:33 pm

I think that you could only apply for ILR when/after your present visa times out; basically once you have been in UK for two years on spouse visa. A condition at that time however will be whether you are still married and living with your 'british' spouse. So getting ILR would be difficult. Also, as you stated, your visa doesn't actually say that you are on a spouse visa...

Just my own comments here, so do see what the mods have to say about this...

Post by **John** » Mon Jan 09, 2006 3:53 pm

mhunjn, I agree with you and would add that ordinarily a form SET(M) would be used by you to get ILR. But that has to be signed also by your spouse ... who certifies that the marriage is continuing ... something that in the circumstances would be perjury to sign.

So Tarbiya, unless you have been the victim of domestic violence and that is documented with the Police, in which case use form SET(O), sorry you will not be able to move from your current visa to ILR.

tarbiya · Post by **tarbiya** » Tue Jan 10, 2006 8:56 am

Thank you John for the clarification. I was actually assulted by my wife. But i dont have any proof with the police, eccept a letter i sent to the social security department explaining that I was assulted. I was wondering if this is enough as a proof.

mhunjn · Post by **mhunjn** » Tue Jan 10, 2006 9:41 am

The letter would help and you could probably ask for help from your local council if the assault is registered with them... but not sure how much help they could offer.

Kayalami · Post by **Kayalami** » Tue Jan 10, 2006 7:26 pm

tarbiya wrote:Thank you John for the clarification. I was actually assulted by my wife. But i dont have any proof with the police, eccept a letter i sent to the social security department explaining that I was assulted. I was wondering if this is enough as a proof.

Such incidences should be reported to the police so the due legal process can be followed to include substantiation as applicable or a refute thereof from the other party. Afterall this is a very serious allegation with consequences to include imprisonment. Also (I am not saying this applies to you) the HO need to ensure that there has indded been an assault at ILR application...there are too many dodgy assault cases where details are made up. Other evidence can include documentation from charities in the abuse/battered field, the medical profession - such must be in mutliples i.e. more documentation compared to a court order effecting a caution or injunction. IMHO the social security letter won't hold on its own but its a start.

Post by **John** » Tue Jan 10, 2006 7:45 pm

Tarbiya, you might be rather interested to download and read this document, part of the instructions that IND gives to its staff.

In particular read starting at 5. At 5.7 they list items that might be acceptable where the Police have not been involved. Note that it says "more than one" but Social Services are clearly there. Anyone else? You were examined by a doctor, for example?

Hope that helps.

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Extremely Urgent Query

Extremely Urgent Query