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General UK immigration & work permits; don't post job search or family related topics!

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

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Emdee
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Joined: Fri Feb 29, 2008 11:07 am

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Post by Emdee » Fri Feb 29, 2008 11:22 am

Some advice please:- In 1995 I invited a person to the UK for a short holiday and she was granted a 6 months visitors visa. At the end of the 6 months period she returned to her home country with me and my wife and we applied for a student visa. A student visa was granted and she came back to the UK with us. We kept her legal at all times but, unfortunately, she suffered kidney failure and it was discovered that she has a rare inherited disease which means she must have hospital treatment every 2 weeks. The HO issued a three year exceptional leave to remain visa which expires December 2008. I am not sure if I should apply on her behalf to extend this visa or apply for indefinate leave to remain visa. The other problem is that the HO lost her passport - they have confirmed this in writing - so I cannot prove that she has been legal since 1995.
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Feb 29, 2008 11:30 am

What happened between 1995 and 2005?
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We do not inherit the Earth from our ancestors, we borrow it from our children.
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Emdee
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Joined: Fri Feb 29, 2008 11:07 am

Post by Emdee » Fri Feb 29, 2008 11:36 am

I cannot recall the types of visa but but she had student visas until the HO issued exceptional leave to remain visas. She only has the latest visa in her passport because the HO lost the original passport and she had to obtain a new passport. I am positive that the HO records show that she has always been legal.
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jes2jes
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Joined: Wed Apr 05, 2006 2:31 pm

Post by jes2jes » Fri Feb 29, 2008 12:12 pm

Emdee wrote:I cannot recall the types of visa but but she had student visas until the HO issued exceptional leave to remain visas. She only has the latest visa in her passport because the HO lost the original passport and she had to obtain a new passport. I am positive that the HO records show that she has always been legal.
If all her stays (LTR/ELR) has been legal in the UK, then she is a candidate for ILR under the LRC.

What you should do is:

- Make a SAB request to obtain her file from BIA, this would detail her immigration history

- If there are no gaps (all visas applied on-time: In-Time applications) throughout the period, then she is fine.

- Make application for ILR under the LRC assuming the above is fulfilled but include evidence of her stay from the SAB file. I cannot emphasise how important enough it is to apply by post for such a case!
Praise The Lord!!!!
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