Hi, first time posting here. My boyfriend is applying for ILR on the 2x3 year DLR route, both of which he previously did with a solicitor but couldn't afford the fees this time. Long story short, we did the application ourselves and stupidly missed a signature on the biometric's section, HO sent back the application but it got lost in the post/it wasn't tracked so the HO sent a blank application form back to us without even confirming if they still had all of his documents. I don't know anything about immigration law and in a panic went to a solicitor for advice as to how to fill in the application again (since we couldn't find a copy of his passport)... and they said they had contacts to ensure that the new application gets attached to the documents already sent (so I have paid for that... whether she has actually done anything who knows).
Anyway, the newly filled in application is now with the HO and the biometric letter came through, but it also came with the S120 notice. I understand the purpose of the Additional Grounds section, but I am very confused about what is meant by the 'Certification so that you must appeal from outside the UK'. It says if your claim is refused (does this mean application rejected, or a human rights claim or what???) you may have to appeal from outside the UK... so I want to know if my boyfriend needs to fill in that section just in case?
I asked the solicitor and she said she couldn't answer as she isn't instructed to give advice on the application (???) but that there was probably no need for him to send back the notice at all as he doesn't have any additional grounds, and that it is just always sent out to applicants ..... which didn't answer my question as to whether he should fill in any reasons he wouldn't be able to appeal from outside the UK if he was to send it in.
I mean, I don't really want him to sign away his rights by not filling it in and the HO later being able to rely on that and say 'well you didn't give any reasons as to why you can't appeal from outside the UK'. I suppose I am ignorant of how the appeal process even works for ILR, I just know that some people will be allowed to and others won't.
My boyfriend and I have now had a major argument over this because I am hesitant for him to sign it and send it off without understanding the repercussions - even if he is confident he will get ILR. He is saying his application will be refused for not returning the signed notice, which I think is ludicrous but I don't want to get any blame from him if something were to happen so simpler to let him do it.
Could any of you please just explain what that section on appealing from outside the UK actually means in regards to 'claim'? Is this me being paranoid? I am sorry for how long and rambling this is, I really appreciate you taking the time to read through it.
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