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ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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lizzy0608
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Posts: 2
Joined: Sun Jul 08, 2018 6:03 pm
Mood:
Nigeria

ILR

Post by lizzy0608 » Sun Jul 08, 2018 11:44 pm

Please I will like an advice on my ILR application.
I applied November 2016 for my ILR but was refused based on the fact that I earn more than my EU sponsor (my mum) in July 2018. I was offer to appeal which I did and they gave me the 5th of June 2018. We attended the court and they still refused us and also offer us to appeal again. Now am really really tired of this whole thing because I newly got married in August 2016 and I taught I will get my ILR on time to bring my husband from Nigeria, but right now it’s nearly 2 years I haven’t seen my husband and I don’t know what to do right now pls advice 😢.

lizzy0608
Newly Registered
Posts: 2
Joined: Sun Jul 08, 2018 6:03 pm
Mood:
Nigeria

Visiting Visa.

Post by lizzy0608 » Sun Jul 08, 2018 11:50 pm

I live here in the Uk but my ILR as been refused based on the fact that I earn more than my Sponsor (EU citizen). Although we’ve appeal and still waiting on court date.

But that thing now is my husband has applied as a visitor to the Uk last two years ago 2016... but was refused their excuse was I don’t have papers yet even thou it was my mum that invited him over.

But now that it’s been two years we haven’t seen since our honeymoon and he’s anxious to see me so also am I. But the thing how do we make the application again even thou his uncle and Aunty lives here and they are British and are willing to give him the invitation to come over for just 6 months... please advice is it worth trying?

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Djsuccess
Diamond Member
Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: ILR

Post by Djsuccess » Mon Jul 09, 2018 2:22 am

lizzy0608 wrote:
Sun Jul 08, 2018 11:44 pm
Please I will like an advice on my ILR application.
I applied November 2016 for my ILR but was refused based on the fact that I earn more than my EU sponsor (my mum) in July 2018. I was offer to appeal which I did and they gave me the 5th of June 2018. We attended the court and they still refused us and also offer us to appeal again. Now am really really tired of this whole thing because I newly got married in August 2016 and I taught I will get my ILR on time to bring my husband from Nigeria, but right now it’s nearly 2 years I haven’t seen my husband and I don’t know what to do right now pls advice 😢.
Can you provide a bit of more information on your immigration history? when you first entered the UK, the classes of Visas you have held with dates and on which one was your ILR application based?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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equitydealer
Member of Standing
Posts: 261
Joined: Sun Dec 02, 2012 6:22 am
United Kingdom

Re: Visiting Visa.

Post by equitydealer » Mon Jul 09, 2018 8:35 am

Doesn’t make any sense, how much are you earning?

If he’s an EU citizen he doesn’t need a visa to come here?
My comments do not constitute immigration advice, if in doubt consult an immigration adviser/solicitor

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Visiting Visa.

Post by Casa » Mon Jul 09, 2018 9:19 am

equitydealer wrote:
Mon Jul 09, 2018 8:35 am
Doesn’t make any sense, how much are you earning?

If he’s an EU citizen he doesn’t need a visa to come here?
Further to equitydealer's post, if you don't 'have papers', what proof of legal residence do you have? Are you a non-EEA citizen, dependent on an EEA family member as your sponsor in the UK?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: ILR

Post by Casa » Mon Jul 09, 2018 9:38 am

Topics merged. Now we have more information :idea: :!:

Please continue to post all questions in this thread.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: ILR

Post by Casa » Mon Jul 09, 2018 9:47 am

It appears that your Mother isn't earning sufficient to meet the requirement of exercising hear Treaty Rights through employment. If she is studying or claiming self-sufficiency she would need Comprehensive Sickness Insurance (CSI). It' irrelevant whether you are employed or how much you are earning.

However, the issue may be that your mother is employed but earning less than you, which means you aren't strictly dependent on her. :idea:

You are unable to sponsor your husband for spouse visa/permit under the UK Immigration Rules, or the EEA Regulations in the circumstances you have described. If your mother isn't meeting the requirements for an EEA citizen living in the UK, she will be unable to sponsor your husband as an Extended Family Member (EFM).

A visitor visa application for your husband stands a very slim chance of success, unless he can provide VERY strong reasons to return to his home country. I'm assuming this was the reason for the previous refusal.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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