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20 years’ long residence rule

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Tottenham1
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20 years’ long residence rule

Post by Tottenham1 » Wed Oct 09, 2019 7:55 am

Hello everyone.


My family member will be here in UK 20 years.
He has lost contact with Home Office since 2003 question.

1-which form for he will be using.

2-will be a paying fee for this.

3-he has been working cash in hand and has no bank account, and letters from addresses where he it's been resisting all this years how may/can he prove been in U.K.

Could please guys share your opnion or any links ("forum") which may had already on answers my questions,so we could have any ideas when we will be consulting the lawyer in coming months.

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CR001
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Re: 20 years’ long residence rule

Post by CR001 » Wed Oct 09, 2019 8:05 am

1. FLR fp

2. Yes, £1033 plus £1000 IHS. The applicant can ask for a fee waiver but it is not guaranteed.

These applications can take many months, often more than a year. It will be a 10 year route to ilr, 4 X 2.5 year visas.

Ho will likely want evidence of how the applicant has been sustaining themselves for so long and proof of residence. A valid passport would also likely be required. Illegal working could be a problem.
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Zerubbabel
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Re: 20 years’ long residence rule

Post by Zerubbabel » Wed Oct 09, 2019 8:43 am

Hello

He needs to apply online, here:

https://visas-immigration.service.gov.u ... ily-routes

Note this section:

Image


"Private Life" is defined here:
https://www.gov.uk/uk-family-visa/private-life

Image

The required documents are listed here:
https://www.gov.uk/uk-family-visa/provide-information

This application won't result in automatic acceptance. No route does.

If successful, the applicant will get 30 month residence (2.5 years). After 4 of these (20 + 10 years), opens the option to apply for ILR.

- Did that person use the NHS during the last 20 years?
- When did that person enter the UK?

Tottenham1
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Re: 20 years’ long residence rule

Post by Tottenham1 » Wed Oct 09, 2019 10:47 am

Since he failed to report as it was asked report every 2 weeks back then he and become "absconder" he it's been registered with a GP at there old address (last known by HO) where he used to live and been at that surgery twice but this been before becoming absconder, he still has the purple registerion card which used to be issued on those days ,fortunately he hasn't require NHS services.

Been in UK since Feb 2000

Would mind asking why asking if has used NHS it's that mean anything? !!!

Please share your thoughts Zerubbabel


Thanks again to everyone for being so willing to help me/him figure things out.

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Re: 20 years’ long residence rule

Post by CR001 » Wed Oct 09, 2019 10:51 am

If he has used NHS for free, when not entitled to it and has not paid for his treatment, it is a reason HO could refused applications.

general-uk-immigration-forum/review-of- ... 57829.html
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Re: 20 years’ long residence rule

Post by Zerubbabel » Wed Oct 09, 2019 11:41 am

Would mind asking why asking if has used NHS it's that mean anything? !!!
Yes, it would've been considered as abuse of NHS (If the treatment is not paid). That can justify a refusal.

The 20-year route doesn't create an automatic entitlement. Your friend has to demonstrate that he was in the UK all that time. As many illegals live under the radar, they usually avoid paper trails in their life.

When I met with my wife, she was in a UK illegally for many years, but she didn't have a single paper. Everything was done in cash.

So the challenge for him would be to prove that he was continuously in the UK for 20 years. Last time there was a clear demonstration of him being in the UK, it was in 2003. But unless there is plenty of evidence, the Home Office would try to question that the lived continuously in the UK since then.

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Re: 20 years’ long residence rule

Post by Tottenham1 » Thu Oct 10, 2019 1:24 pm

Reading your responses doesn't look very promising outcome.

My questions for your guy if gets refused "FLR fp" it's this comes with right of appeal? if not can we apply for ""JR ""***which I don't understand much about it but what I have seen on forum posts apparently the JR it's very expensive than appeal***

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Re: 20 years’ long residence rule

Post by CR001 » Thu Oct 10, 2019 1:52 pm

FLR(FP) often does come with appeal and often it is an out of country appeal right, but not always.
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Re: 20 years’ long residence rule

Post by Zerubbabel » Fri Oct 11, 2019 9:58 am

Tottenham1 wrote:
Thu Oct 10, 2019 1:24 pm
My questions for your guy if gets refused "FLR fp" it's this comes with right of appeal? if not can we apply for ""JR ""***which I don't understand much about it but what I have seen on forum posts apparently the JR it's very expensive than appeal***
JR is very expensive as you need a solicitor to prepare it for you. You are challenging the decision of the Home Office in front of a court. You can't challenge a decision just because you don't like it you prefer it to be otherwise. You have to challenge it based on legal arguments you raise. Then, the judge would have the final say.

It's important to build a strong application and consider that the first application is the last. I have seen so many people sending half-backed applications with the mindset that they can improve them on appeal.

I have seen many illegals in my life. I for one was an illegal for a few years. The issue your friend would face is to demonstrate that he actually stayed in the UK all that time. Many illegal migrants move a lot from country to country. I have seen people making an asylum application in Belgium, then going to France and apply for a humanitarian permit, then going to Switzerland and applying for asylum using a different identity / story... That's the reality of the world we are in.

So your friend must prove that he actually stayed in the UK continuously. Otherwise, the Home Office can easily claim that he was in the country in 2003, then left the country then came back in a lorry in the recent years.

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