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I applied in August 2015 and got a letter on the 5th December 2015ilr2014test wrote:When did you apply and when was it refused??
Thanks for the quick response.sushdmehta wrote:If the person's leave expires during such period, then I believe yes.
It is possible to make an immigration application without the passport & BRP, with the explanation that the passport & BRP are in HO's possession.
Thanks for your time.sushdmehta wrote:So why did you not vary your application when your wife requested for her own application to be varied?
Unless you write down the sequence of events with necessary details and dates, no once can tell you who is/was at fault - you or HO.
No knowledge of that. Lawyer too had no clue!CR001 wrote:If your wife varied her application to ILR 10 years long residence, you would have had to submit an application or vary your application to FLR(M) at the same time.
Long residence applications for ILR does not permit dependents.
Did you receive any written confirmation of such a conversation & reassurance?rella5 wrote:...
We had an application in as a family(Me, a dependant) My wife later made a change to the application under process..that voided mine but my documents were never returned to me till my wife got a decision.
I called the HO immediately I got my passport and they said I have not breached any rule. Further Leave was grated and ILR was also granted 2 years after. Naturalisation then denied on this ground!
Casa wrote:As fellow moderator sushdmehta has previously commented, if you call the HO 'helpline' 10 times, you're very likely to be given 10 different answers.
noajthan wrote:Did you receive any written confirmation of such a conversation & reassurance?rella5 wrote:...
We had an application in as a family(Me, a dependant) My wife later made a change to the application under process..that voided mine but my documents were never returned to me till my wife got a decision.
I called the HO immediately I got my passport and they said I have not breached any rule. Further Leave was grated and ILR was also granted 2 years after. Naturalisation then denied on this ground!
Very unreliable to rely on someone's say so by phone, especially HO helpline.
As the AN booklet (section 3) explains, any breaches or concessions made at ILR stage do not guarantee such factors will be overlooked (or same concessions will be granted) when it comes to privilege of citizenship.
Assuming the period in question was spent in the UK as an overstayer, you should re-apply only after xx-July-2016 provided your wife becomes a British citizen by then (if she isn't already). Or apply after xx-July-2018 in your own right after completing 5 years of "legal" residence.rella5 wrote:Quoting the section: ' As you were in the UK in breach of the immigration laws from xx may 2013,(when leave was refused for an in time application) to xx july 2013(date you were granted further leave), this requirement is not met.
Thank you.sushdmehta wrote:Assuming the period in question was spent in the UK as an overstayer, you should re-apply only after xx-July-2016 provided your wife becomes a British citizen by then (if she isn't already). Or apply after xx-July-2018 in your own right after completing 5 years of "legal" residence.rella5 wrote:Quoting the section: ' As you were in the UK in breach of the immigration laws from xx may 2013,(when leave was refused for an in time application) to xx july 2013(date you were granted further leave), this requirement is not met.
The above will be possible if the "10 year ban" does not apply in your case (that I am unsure of, so will let others correct me). And, if it does, is there a possibility of discretion?
Thank you.rella5 wrote:sushdmehta wrote:Assuming the period in question was spent in the UK as an overstayer, you should re-apply only after xx-July-2016 provided your wife becomes a British citizen by then (if she isn't already). Or apply after xx-July-2018 in your own right after completing 5 years of "legal" residence.rella5 wrote:Quoting the section: ' As you were in the UK in breach of the immigration laws from xx may 2013,(when leave was refused for an in time application) to xx july 2013(date you were granted further leave), this requirement is not met.
The above will be possible if the "10 year ban" does not apply in your case (that I am unsure of, so will let others correct me). And, if it does, is there a possibility of discretion?