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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I'm still puzzled how father achieved this happy state.arbi580 wrote:Hi Noajthan
Yes. The facts provided above are accurate. He has ILR as stated above. He has it in the form of a Residence Permit stuck in his passport not a BRP Card, as he got it just before Home Office started doing Biometric Cards.
BR
Arbi580
That ia a mystery to me; will wait for other input on that.arbi580 wrote:With regard to switching him from being on Visit to ILR, we did through our solicitor with a whole bunch of supporting documentation in 2011. Went with no questions or enquiries whatsoever. I know its uncommon and we are rather proud at having accomplished it!
@noajthan - Adult Dependent Relative visa (ILR) issued before the rules changed and became so tough and impossible. ADR was possible from visitor visa status back then if you could prove the requirements.noajthan wrote:I'm still puzzled how father achieved this happy state.arbi580 wrote:Hi Noajthan
Yes. The facts provided above are accurate. He has ILR as stated above. He has it in the form of a Residence Permit stuck in his passport not a BRP Card, as he got it just before Home Office started doing Biometric Cards.
BR
Arbi580
It's not usually possible to switch from visit visa to another on UK migration route.
Are you perchance an EEA national sponsoring dependent father?
Perhaps what father actually has is a 5 year
Residence Card (issued under EU free movement route to a non-EEA dependent) rather than ILR (under UK immigration regs)?
@CR001, noted; thanks - it makes sense now.CR001 wrote:...
@noajthan - Adult Dependent Relative visa (ILR) issued before the rules changed and became so tough and impossible. ADR was possible from visitor visa status back then if you could prove the requirements.
Based on stated facts it appears in order.arbi580 wrote:Thanks for the response. Yes...I've been reading up Chapter 18 just now. From what I can see, based on the information I have provided above being correct, would you agree that my Dad qualifies under section 6(1)
...
What do u reckon - have we ticked all the boxes??
BR
Arbi580
You may be over-thinking this but I can understand you have a natural concern for your parent.arbi580 wrote:We would really appreciate it if someone could point us in the right direction...I've provided a lot of information - all of it accurate. We would be very grateful if someone who knows about this sort of stuff could assist!
Your next step is to invest £50-£70 in an NCS appointment at local council and see if NCS admin person concurs.Based on stated facts it appears in order.
This is a completely different requirement. The requirement to be physically (and legally) present in the UK at the beginning of the five year period is a requirement of Schedule 1, Section 2(a) of the BNA 1981 and has been a requirement since 1983. That only requires a continuous legal (Section 2(d)) presence of five years. Such legal presence can include a period under a visit visa.arbi580 wrote:What I don't get is there are various posts on this forum citing Section 2.3 of ANNEX B to Chapter 18 of British Nationality Act 1981 states that all he needs to do is be physically present in the U.K. for the 5 year period (3 year in case of spouse) and various people stating on this forum that they have been naturalised using their visit period.
Please see secret.simon's response (click) above your post. He details it very nicely for you.arbi580 wrote:Finally I have not got any response to my related question about the Borders, Citizenship and Immigration Act 2009 which is stated above in the forum. I think this is at the root of the issue and wanted to know if the stipulations of this act with regards to amendments to BNA1981 are being practised or if they are on hold for some reason.
I'm just trying to help my Dad out and save him some time if I can. Again we are very grateful for all the help and time you have taken to read this.
No, the hive-mind is not organised as formally as that (and ofcourse I've never met my co-moderators, female and male)arbi580 wrote:Thanks Noajthan...I picked up and thanked you for your earlier reply, but as you were the only one who had replied, about it all seeming in order, we just wanted a bit more assurance before we bit the bullet! When you say hive mind, does it mean that the mods consult and reach a conclusion. If so, then I am much more confident if the collective opinion is that it all seems in order. I wrote a response to an earlier post by Char and was hoping he too would get back and weigh in.
We were going to use NCS anyway, but from my last interaction with them for my little brothers case, they just walk the line and get a blank look when the case has even the slightest hint of complication.
I called the Home Office and they said I should email the people at the Nationality contact centre (nationalityenquiries@homeoffice.gsi.gov.uk) with his circumstances to check his eligibility. What do you think? Should we ask them?
I will also call an OISC advisor per your suggestion and get their views.
Finally I have not got any response to my related question about the Borders, Citizenship and Immigration Act 2009 which is stated above in the forum. I think this is at the root of the issue and wanted to know if the stipulations of this act with regards to amendments to BNA1981 are being practised or if they are on hold for some reason.
I'm just trying to help my Dad out and save him some time if I can. Again we are very grateful for all the help and time you have taken to read this.