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Please help ! ILR 90 days rule query...

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

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viki83
Member
Posts: 231
Joined: Sat Jul 07, 2007 4:35 pm

Please help ! ILR 90 days rule query...

Post by viki83 » Mon Mar 24, 2014 12:08 pm

Hi,

I am stuck in a tricky situation. I am on TIER 1 (G) visa. Have a PEO appointment booked for ILR next week with my Dependant wife. Unfortunately, my wife who went to Pakistan on a holiday last month left her previous expired passport in Pakistan which has all entry / exit stamps covering last 2 years. Her current new passport is all blank.

1. My question is can we apply for ILR without her old passport which has all entry /exit stamps ?

2. Is there any alternative way to prove 90 / 180 days rule ?

3. Is this 90 / 180 days rule compulsory thing to show for dependant while applying for ILR same time with main applicant ?

Please if some expert can reply a.s.a.p that would be great help otherwise I will have to fly to Pakistan just to get her passport back this week. Unfortunately, no family or friend coming who can bring it to us.

Regards,
Viki

viki83
Member
Posts: 231
Joined: Sat Jul 07, 2007 4:35 pm

Re: Please help ! ILR 90 days rule query...

Post by viki83 » Mon Mar 24, 2014 12:20 pm

Also one more thing to add, her first TIER 1 (G) Dependant stamp is also on that old passport. But for the last 2 years since it was extended, we both have a valid biometric card.

Can they also ask for the previous TIER 1 (G) stamp ? Please if someone can help me take a decission if we can apply for ILR without her old passport which has:

1. Her previous TIER 1 (G) stamp.

2. All entry / exit stamps for the last 2 years.

Thanks

viki83
Member
Posts: 231
Joined: Sat Jul 07, 2007 4:35 pm

Re: Please help ! ILR 90 days rule query...

Post by viki83 » Mon Mar 24, 2014 12:50 pm

Just read this on ILR form:

The current passport(s) or travel document(s) for each dependant included in section 2 and applying for
indefinite leave to remain in the UK with you. If they last entered the UK on previous passport(s) or travel
document(s), please also provide these documents if you have them.

So does it clearly mean we have no option but need her old passport :( PLEASE PLEASE SOMEONE HELP AND REPLY !

gg1001
Junior Member
Posts: 74
Joined: Sun Apr 08, 2012 2:20 pm

Re: Please help ! ILR 90 days rule query...

Post by gg1001 » Mon Mar 24, 2014 2:10 pm

i think u gona be needing old ppt for dependent normally HO doesn't bother about dependent absence but still old ppt is a requirement...........cant u get it by courier DHL etc will be much cheaper then flying urself and is pretty reliable

thnks

viki83
Member
Posts: 231
Joined: Sat Jul 07, 2007 4:35 pm

Re: Please help ! ILR 90 days rule query...

Post by viki83 » Mon Mar 24, 2014 2:16 pm

DHL refused after my family told them content of postage....

smartkhan
Member of Standing
Posts: 364
Joined: Fri Apr 04, 2008 6:55 am
United Kingdom

Re: Please help ! ILR 90 days rule query...

Post by smartkhan » Mon Mar 24, 2014 2:32 pm

I think you have no other option left than flying. Go and get it.

viki83
Member
Posts: 231
Joined: Sat Jul 07, 2007 4:35 pm

Re: Please help ! ILR 90 days rule query...

Post by viki83 » Mon Mar 24, 2014 3:32 pm

Any seniors with any advice please ? I have just 30 more minutes to take a decision either to book a flight for tomorrow or otherwise ? PLEASE SOME SENIORS GIVE ME A FINAL WORD OF ADVICE...

I have tried all other options, DHL, couriers no-one is willing to accept it for postage and I can't find any friend or relative who is flying to UK this week.

anniecc
Member
Posts: 191
Joined: Thu Jan 12, 2012 12:34 pm

Re: Please help ! ILR 90 days rule query...

Post by anniecc » Mon Mar 24, 2014 5:04 pm

I'm surprised that DHL etc. are unwilling to accept it for postage - have you made it clear that it's an expired document, and cannot be used for travel purposes?

Also, the wording of the guidance you've quoted says you should provide previous travel documents "if you have them". I would be inclined to include with your application a short cover letter explaining that you are unable to provide the previous passport as it's in Pakistan and your attempts to get it couriered have proven unsuccessful. You could include in this letter a list of all your spouse's absences from UK over the period, state that she believes that on that basis she meets the 90/180 day rule, and sign and date it.

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