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by merlin_d78 » Wed Jun 07, 2006 8:51 pm
my spousal visa is due to expire on july the 1st, so today i sent my ilr application and the fee, do you guys think is early or not?
also over a year ago me and my wife used to claim CTC and WTC then we have been made aware that we were entitled to claim this coz i had te non recourse to public fund stamp on my passport!
we managed to cancel this over a year ago, do you think my ilr is likely to be refused? plus on the form they are asking if we are claiming any benefit i said no but put a tick on the partner( because she is claiming for child benefit this money goes straight onto her bank not mine) again do you think it was wrong for me to state that i wasn't claiming anything??
how long does it normally take for the ILR application to be processed? i am so anxious at the moment
please could you clarify this for me
thanks in advance
ps: my wife is a british citizen and i am from cameroon.
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Quick Edit John Jun 1 2006, 07:59 PM Post #2
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What is the basis of your application? Is your spouse British, or otherwise settled in the UK? Please clarify that.
And if it is a 2-year spouse visa you have, and that visa was issued outside the UK, when did you actually enter the UK for the first time using that visa?
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merlin_d78 Jun 1 2006, 08:06 PM Post #3
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QUOTE(John @ Jun 1 2006, 07:59 PM)
What is the basis of your application? Is your spouse British, or otherwise settled in the UK? Please clarify that.
And if it is a 2-year spouse visa you have, and that visa was issued outside the UK, when did you actually enter the UK for the first time using that visa?
the basis of my is that i am married to a british citizen based on on a 2 years probationary period.
my visa was issue on the 1stof july 2004 in cameroon i enter the UK in july the 14
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Quick Edit John Jun 1 2006, 09:23 PM Post #4
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OK, two things here. Firstly I think you have applied too early. You should not have applied earlier than 28 days before the 2nd anniversary of you first entering the UK using that spouse visa. On your facts the earliest application date is 16th June 2006.
However you have now applied. And indeed applied by post. By the time the application actually gets looked at for real, rather than just dealing with the payment aspect in Cannock, it probably will be on or after 16th June. So I would expect the application to end up being granted, but don't expect a particularly fast response to the application.
Secondly, tax credits! You posted :-
QUOTE
also over a year ago me and my wife used to claim CTC and WTC then we have been made aware that we were entitled to claim this coz i had te non recourse to public fund stamp on my passport!
we managed to cancel this over a year ago, do you think my ilr is likely to be refused?
Can I ask, made aware by whom? I ask that because you got totally wrong advice! If that was professional advice you got then you probably have a justifiable claim against whoever gave you that advice.
Why do I say this? Because, in your circumstances, there is absolutely nothing wrong with you and your wife claiming Tax Credits ... even with you having the "No recourse to Public Funds" restriction on your visa.
In particular, "small print" in the Tax Credits legislation ... reg 3(2) of the Tax Credits (Immigration) Regulations 2003 say that where one of the couple claiming Tax Credits is a person not subject to immigration control (your wife) and the other one is a person subject to immigration control (you) then for Tax Credits purposes only you are both treated as not subject to immigration control ... hence no problem in the Tax Credits you are entitled to being claimed by you and your wife.
So clearly the Tax Credits you did get will cause no problem to the ILR application. Your only problem is getting your Tax Credits claim reinstated as soon as possible, in order to minimise your financial loss. And oh, can you claim for the bad advice you were given?
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Victoria Jun 1 2006, 10:34 PM Post #5
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The Home Office advise that an application is made no more than 28 days before the expiry of the visa. If the visa was issued on 1st July then it is okay to apply for an extension on that date. However, you don't actually qualify for ILR until 2 years after you have been in the UK, which won't be until the 14th.
In practice, the Home Office will in all likelyhood ignore this and consider it anyway, even if it is not subject to the delays John quite rightly highlights.
Victoria
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merlin_d78 Jun 2 2006, 07:39 AM Post #6
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[quote name='Victoria' date='Jun 1 2006, 10:34 PM' post='43265']
The Home Office advise that an application is made no more than 28 days before the expiry of the visa. If the visa was issued on 1st July then it is okay to apply for an extension on that date. However, you don't actually qualify for ILR until 2 years after you have been in the UK, which won't be until the 14th.
In practice, the Home Office will in all likelyhood ignore this and consider it anyway, even if it is not subject to the delays John quite rightly highlights.
Victoria
well... i wasn't sure about this, my visa stamp says ( 01-07-2004, expiry date 01-07-2006) maybe thats where i got it wrong, i didn't know you had to apply the day you entered the country not on the date your visa is about to expired!!!.
so they are always delays processing payment?
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Quick Edit John Jun 2 2006, 08:16 AM Post #7
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Merlin, let's put it this way ... not your facts ..... visa started 01.01.04 ... visa end date 01.01.06 ..... person first entered the UK using that visa on say 02.06.04 .... absolutely no way that person would get ILR when they apply for it shortly before 01.01.06. There simply would not have been in the UK for long enough.
Back to your facts ... you entered the UK just 13 days after the visa start date. So really you should have delayed your application to that extent, but also made absolutely sure that it went in no later than the visa application date. So given you have applied by post, with its inherent delays, I don't expect you will encounter a problem getting your ILR.
Incidentally, looking back at your previous posts, why are you still raising the same point about Tax Credits?
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merlin_d78 Jun 2 2006, 08:37 AM Post #8
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[quote name='John' date='Jun 2 2006, 08:16 AM' post='43311']
Merlin, let's put it this way ... not your facts ..... visa started 01.01.04 ... visa end date 01.01.06 ..... person first entered the UK using that visa on say 02.06.04 .... absolutely no way that person would get ILR when they apply for it shortly before 01.01.06. There simply would not have been in the UK for long enough.
Back to your facts ... you entered the UK just 13 days after the visa start date. So really you should have delayed your application to that extent, but also made absolutely sure that it went in no later than the visa application date. So given you have applied by post, with its inherent delays, I don't expect you will encounter a problem getting your ILR.
Incidentally, looking back at your previous posts, why are you still raising the same point about Tax Credits?
John,
I not saying you are wrong or right about CTC, i am trying to make sure that i won't refused really just to make my mind clear.
for your point of view how long does it normally take for IND to grant ilr? even in the worst case scenario.
if you read my previous note, before my visa was given i was in the UK beforehand back in 2000 immigration ask me to apply for my visa on the normal chanell which i did.
so do you think i qualify for citizenship straight after receipt of my ilr or do i have to wait for another year? because i have been married 5 years now, we also have a british citizen daughter.
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Quick Edit John Jun 2 2006, 08:51 AM Post #9
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QUOTE
I not saying you are wrong or right about CTC, i am trying to make sure that i won't refused really just to make my mind clear.
Not sure what more I can do! Having given you detailed reasons why you and your wife can claim Tax Credits, including mentioning the actual legislation concerned, are you now telling me that you have not yet re-submitted a claim for Tax Credits?
Or are you still getting wrong advice from someone else?
ILR? As it says on the form SET(M) :-
QUOTE
Our published service standards for deciding charged applications made in 2005/06 are:
Applications made by post: decide 70% of applications within 4 weeks (20 working days) and 90% within 14 weeks (70 working days).
In practice, recent applicants seem to be waiting 1 to 3 months.
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merlin_d78 Jun 2 2006, 09:17 AM Post #10
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QUOTE(John @ Jun 2 2006, 08:51 AM)
QUOTE
I not saying you are wrong or right about CTC, i am trying to make sure that i won't refused really just to make my mind clear.
Not sure what more I can do! Having given you detailed reasons why you and your wife can claim Tax Credits, including mentioning the actual legislation concerned, are you now telling me that you have not yet re-submitted a claim for Tax Credits?
Or are you still getting wrong advice from someone else?
ILR? As it says on the form SET(M) :-
QUOTE
Our published service standards for deciding charged applications made in 2005/06 are:
Applications made by post: decide 70% of applications within 4 weeks (20 working days) and 90% within 14 weeks (70 working days).
In practice, recent applicants seem to be waiting 1 to 3 months.
Thanks John,
nobody is given me wrong advise, because i am just reluctant to apply, personal reason
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Quick Edit Victoria Jun 2 2006, 10:06 AM Post #11
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ILR applications I have made recently have been taking 1 month/six weeks.
If you want to delay the processing of the application, do make sure that you pay by cheque, not credit card.
Victoria
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merlin_d78 Jun 2 2006, 10:35 AM Post #12
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QUOTE(Victoria @ Jun 2 2006, 10:06 AM)
ILR applications I have made recently have been taking 1 month/six weeks.
If you want to delay the processing of the application, do make sure that you pay by cheque, not credit card.
Victoria
Victoria,
do you think after receiving my ilr can i apply for citizenship straight after? or do i have to wait for another year
regards
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Quick Edit Victoria Jun 2 2006, 10:52 AM Post #13
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You have only been in the UK for two years, haven't you?
Victoria
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John Jun 2 2006, 11:11 AM Post #14
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Merlin, when you make your application for naturalisation one of the tests you definitely need to pass is the "was physically in the UK exactly three years before IND received the naturalisation application" test.
As you arrived in the UK on 14.07.04 then an application for naturalisation cannot possibly be submitted before say 15.07.07.
Except ... prior to the spouse visa .... were you legally in the UK on any other sort of visa? If so, please give details.
And of course you cannot submit that application unless you can enclose a pass certificate in respect of the Citizenship Test.
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merlin_d78 Jun 2 2006, 01:13 PM Post #15
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QUOTE(Victoria @ Jun 2 2006, 10:52 AM)
You have only been in the UK for two years, haven't you?
Victoria
victoria,
i have been in the UK since jan 2000, been married 5 years now
QUOTE(John @ Jun 2 2006, 11:11 AM)
Merlin, when you make your application for naturalisation one of the tests you definitely need to pass is the "was physically in the UK exactly three years before IND received the naturalisation application" test.
As you arrived in the UK on 14.07.04 then an application for naturalisation cannot possibly be submitted before say 15.07.07.
Except ... prior to the spouse visa .... were you legally in the UK on any other sort of visa? If so, please give details.
And of course you cannot submit that application unless you can enclose a pass certificate in respect of the Citizenship Test.
John,
i have been in the UK since jan 2000, i claimed asylum, then i found my wife.in that time the home office was processing my claim
Merlin, in order to apply for Naturalisation as British it is essential that at all times in the UK during the qualifying period, for you, the three years prior to IND receiving the naturalisation application, that you have been "legal".
So the question remains, prior to the granting of your spouse visa, were you legally in the UK? Or an overstayer? If you were indeed an illegal prior to July 2004 then you will still need to wait until at least 15.07.07 before applying.
But what you post is insufficient to show whether you were legal or illegal in the UK prior to July 2004. Is there any more detail you can post?
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Victoria Jun 2 2006, 01:38 PM Post #17
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Your time spent in the UK as an asylum seeker is, in all probability, not going to be accepted towards your residency requirement for naturalisation. I have noticed a change in practice over the past couple of years, and at the moment they seem to be quite strict in only counting time spent here legally.
You can try to make the application if you wish, but you risk losing your fee.
Victoria
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Victoria Sharkey
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