Advice please!!

[Temi]

My husband is an overstayer who has applied for ILR using 14 year rule. We have been married for 3 years and is currently waiting on the Home Office to reply to our application - 'under consideration' at present. The dilemma I have is that he would like to apply for a provisional license but do not have any passport to use as proof of identity - is it possible to use an international driving licence as proof - if not can we ask the Home office to provide some documentation. Thank you in advance

[Smit]

Read this page on the BIA website:

http://www.ind.homeoffice.gov.uk/applyi ... fpassports


What if I need my passport to open a bank account or get a driving license?

If you want your passport back to open a bank account or get a driving license, we will make arrangements to help you.

[Jeff Albright]

I think the above advice refers to the situation when a standard (non-concessionary) application is under consideration. No passport is required in order to apply under LRC.

Secondly, I am confused on who is applying - you or your husband? Why do YOU have no passport? What is the connection between your husband's application, you having no passport and your driving licence?

Also bear in mind, there may be a long wait for a decision on your husband's case - may well run into months or years. Remember - it is a concessionary application, which will never be treated on a priority basis and will be dealt with when resources allow.

[John]

Remember - it is a concessionary application

It used to be concessionary but Long Residence applications are now within the Immigration Rules ..... see paras 276A to 276D in this document.

[Jeff Albright]

That's correct, I don't argue this.

I was trying to make an emphasis on the fact that it is not a priority application - the BIA can take as long as they want to deal with it. Also, it is difficult to tell if the application is going to be successful without full assessment of the circumstances of the applicant - the character criteria, whether he was subject to any enforcement action in the past, any representations he had made, employment record,etc etc.
It is not as straightforward as other applications under the standard Rules, whereby if all the criteria are met the issue of visa would be automatic. Whilst it is now comes under the Rules, it is still for BIA to decide whether the status should be granted or not on the entire set of circumstances of the client. The difference in relation to the 14 year rule is that the person has been illegal in the UK for some time prior to the application so the BIA is not under any obligation to grant the status outright.

[Temi]

I am a British citizen and do have a passport and licence - just trying to find out if he can get one whilst waiting on a decision from the Home Office.

Also am I correct in thinking this is the only route open to us (ie) we can't submit an application as spouse of British citizen

[John]

Temi, a couple of questions ..... do you the two of you have any children? If so, their ages?

Secondly, where is your husband from? And would it be possible for him to return to his country and submit an application for a spouse visa there?

[Temi]

We have 2 kids 3 and 1 - it would be difficult as the home office has his passport and he has been signing for quite a number of years.

[SYH]

I don't understand why did it occur to you after you submitted your application that now you want a UK License?

[Christophe]

I don't understand why did it occur to you after you submitted your application that now you want a UK License?

Perhaps because people's circumstances change...

[SYH]

You are not in the uk for 14 years and on the 14th year all of sudden up and decide I need a provisional license.
Probably they want the passport back as they know they are in for a long wait.

[magata]

Temi Posted: Tue Jun 12, 2007 3:50 pm Post subject: Advice please !!

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We have 2 kids 3 and 1 - it would be difficult as the home office has his passport and he has been signing for quite a number of years.

Temi Posted: Thu Jun 07, 2007 3:00 pm Post subject: Advice please!!

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My husband is an overstayer who has applied for ILR using 14 year rule.



It is very likely that I missundertood but How can your husband be signing when you stated that he was an overstayer?

[stedman]

I don't see where the confusion and suspiciousness stems from. It's perfectly natural to learn how to drive or decide to start driving at any age and a provisional licence is a useful alternative ID to have. Signing at some immigration office when one has no leave to remain isn't new, is it?

[SYH]

I don't see where the confusion and suspiciousness stems from. It's perfectly natural to learn how to drive or decide to start driving at any age and a provisional licence is a useful alternative ID to have. Signing at some immigration office when one has no leave to remain isn't new, is it?

First I dont know what signing means?
But in any case, I guess it is wholly incomprehensible to me. When I know I have to turn in my passport for an application, I think will I need it for anything while it is being held and plan accordingly.
Again after being in the UK for 14 years, surely these people have alternate documentation that the DVLA will accept.
Otherwise, poor planning. Shame on them.

[Christophe]

You are not in the uk for 14 years and on the 14th year all of sudden up and decide I need a provisional license.

Why not? People decide that they want to drive (or find that they need to) at all sorts of ages. I don't find this odd in the slightest.

[SYH]

You are not in the uk for 14 years and on the 14th year all of sudden up and decide I need a provisional license.

Why not? People decide that they want to drive (or find that they need to) at all sorts of ages. I don't find this odd in the slightest.

Ok then I guess he has to choose passport with HO for ILR or passport for license Poor planning on his part and he has to figure out how to get around it without the passport or withdraw his application.

[Temi]

Thank you all for your comments and assistance, it seems everyone is as confused as I am. We shall continue to wait on a response from the home office.

[jes2jes]

SYH Wrote:

First I dont know what signing means?.

For someone who claims the following statement from another post:

Marco 72 wrote:

By the way, I would advise you not to pay any attention to SYH's messages, as he has no idea what he is talking about most of the time.

Excuse me Marco, I actually do know what I am talking about as I am a US attorney and have experience in immigration matters for UK, Netherlands and France.

I believe you have much more to learn about UK immigration and your experience is lacking basic fundamental knowledge of the Rules you claim to know. Get some more clients for exposure or read all the HO Policy/IDI Documentation for more enlightment

But in any case, I guess it is wholly incomprehensible to me. When I know I have to turn in my passport for an application, I think will I need it for anything while it is being held and plan accordingly

Again after being in the UK for 14 years, surely these people have alternate documentation that the DVLA will accept. Otherwise, poor planning. Shame on them.

I guess again you would need to familiarise yourself with the workings of the UK governmental agencies to know how they work. The DVLA do not accept any form of identification as far as I know currently (I think it has been a few years now, my time they did accept your birth certificate but not now) apart from a passport for a first licence no matter your nationality. Do you drive and what identification did you use in obtaining your first licence?

I would just give you a simple friendly advise since I have been reading a lot of your post on this board. You seem to help a lot here and try to answer every single post but please if you do not have any knowledge about a subject just wait for someone who does before trying to answer every single post. This is just a friendly advise for you.

Have a nice day.

[SYH]

Hey jes thanks for the unwarranted low blows.
Just because I don't happen to know one term is not an invitation for you to attack. I have found sometimes the UK word for something will through me off but it doesn't mean I am not aware of it if its referenced properly. Actually I find it laughable that you would attack me on one word. At least it shows I am willing to expand my knowledge whereas you prefer to point at people's weakness to feel better about yourself and inadequecies.
As for the rest, I make valid points and analysis. I will state it more clearly. I find highly suspect this sudden desperate need for his passport back and as someone mentionned his case isn't going to be priority because he is an overstayer and they are going to have research his 14 year stay thoroughly.
Second why don't you familiarize yourself with the DVLA website yourself. You are Hypocrit to tell me to familiarize myself with UK agencies. I have had to obtain a license and my passport wasn't necessary. You have a lot of nerve to say as far as you know when you know nothing obviously and didn't bother to check.
I shouldn't have to know all the rules, but I know a great deal of them, more than most people based on the questions asked on this forum so I have a lot to offer.
Moreover I am willing to check up on the website and do some research to answer people's questions when I don't know something and even when I do so they have something concrete.
Also I live in the UK so I am familiar with several UK agencies and know how they work. Thank you very much, so take your snide baseless remarks elsewhere
So far your input hasn't been very constructive or helpful so look at yourself before you attack others.

[John]

Cool it folks, otherwise this topic will get closed!

Also I live in the UK so I am familiar with several UK agencies and know how they work.

Please be aware that Moderators of this Board have the ability to see the IP address used when a post in made. Accordingly let's just say that I find the above statement surprising. Indeed all of your posts, from one of the 4 IP addresses you have used to make such posts, indicate that you are resident in the EU, but not in the UK.

[SYH]

Oh JOHN Please, not you too.
Do you want my UK address so you can send me a letter and I can respond?
Like many UK people seconded abroad. I return the UK on weekends, is that satisfactory to you.
Or would you like to call my UK employer

[jes2jes]

The DVLA do not accept any form of identification as far as I know currently (I think it has been a few years now, my time they did accept your birth certificate but not now) apart from a passport for a first licence no matter your nationality.

I wrote the above. I said AFAIK and you should read carefully sir. Thank you, I was not attacking you and I told you it was a friendly advise but your comments as been well taken as civil as I am. The following if you care to know if what the DVLA Requires:

What identification is neededUK digital passports

DVLA can confirm your identity with the Identity and Passport Service (IPS) without you having to send your passport to them. If both your photograph and signature appear on the same page in your passport, then it is a digital one. If you are making an application online you will be asked to provide your nine-digit passport number allowing DVLA to confirm your identity. If you are making a postal application, using the D1 application form, write your nine digit passport number and your signature in the ' confirming your identity' section of the application form D1. You don't need to send your digital passport to DVLA.
Other means of identification
DVLA also accepts the following original documentation as confirmation of your identity. Unlike the digital passport though, you'll need to send this to DVLA with your application.

full valid current passport
UK birth/adoption certificate
UK certificate of registry of birth (provided your name is present on the certificate)
identity card issued by a member state of the European Community/European Economic Area (EC/EEC)
travel documents issued by the Home Office
UK certificate of naturalisation
If you don't have a birth or adoption certificate, or the one that you have does not show your full name or country of birth, contact your local registry office.

NB birth certificates are not absolute proof of identity and so DVLA may ask you to provide other evidence to confirm your identity. If you have reached State Retirement Pension age, you can provide originals of one of the following in your name

recent (within three months) bank or building society statement showing your pension payment and National Insurance number
BR2102, BR2103 or BR2199 letter confirming your eligibility for the state retirement pension
If your name has changed from that shown on the document you provide, you will also need to give DVLA proof of your name change, eg an original marriage certificate, decree nisei or absolute, or deed-poll declaration. The evidence you provide must show a clear link between the name on your identity document and your current name.

If you would like DVLA to return your documents by secure mail service, you can include a prepaid self addressed special delivery envelope and keep a note of the serial number for your own reference.

[avjones]

I was trying to make an emphasis on the fact that it is not a priority application - the BIA can take as long as they want to deal with it.

Yes, but also no. I have successfully done several JRs where the Home Office has taken far too long to decide non-priority applications.