ILR documents

[01484]

Hi
I am wondering if someone who is coming up to their 5 year ILR and they don't apply for it what can the outcome be?
Asking on behalf of someone and their wife's 5 years is coming up towards the end of this year and she has 3 kids.
Her spouse has said he is not reapplying for her and said the UK immigration cannot deport her back as she has 3 kids in the UK so can remain here on that basis.
I was wondering what the procedure will be if they don't reapply? Will she be deported or moved onto the 10 year route?
I'm assuming if she ever leaves country she won't be able to come back in?

[alana7]

Hi
I am wondering if someone who is coming up to their 5 year ILR and they don't apply for it what can the outcome be?
Asking on behalf of someone and their wife's 5 years is coming up towards the end of this year and she has 3 kids.
Her spouse has said he is not reapplying for her and said the UK immigration cannot deport her back as she has 3 kids in the UK so can remain here on that basis.
I was wondering what the procedure will be if they don't reapply? Will she be deported or moved onto the 10 year route?
I'm assuming if she ever leaves country she won't be able to come back in?

He wants to make life hard for his spouse. She needs to either reapply for spouse visa or ILR. If she doesn't she will be an overstayer (and lose the five/10 years she already has ) and that takes money and time to over turn to make yourself legal again. I don't understand.

[01484]

Yes true.
His theory is that immigration can't do anything even if they don't ever apply? Is this true?
He was going to do this from start but then they didn't have any children, after taking some legal advice he said she cannot be deported as her kids are born and studying in school now.
I was just wanting some advice for her wife (she worried) as her husband doesn't listen and doesn't want to reapply.
If this is true then what stops others from doing this?
I know it will be put on her record of overstaying etc but is this true they can't deport her then?

[meself2]

While she may not be deported, it has to be proven and argued for and it may not come cheap, since legal aid will be required. The wife will certainly not be able to work legally, apply for citizenship in the future for an extended period of time and experience all the other disadvantages related to lack of legal status.

To me, as a complete third party, it seems that the husband is unwilling to give any sort of freedom to his wife, which is not nice.

[01484]

His wife is a housewife and has no intention of working.
Husband is struggling financially hence why not willing to apply and from the advice he got is she won't be deported made him not wanting to do it as he states nothing will happen. She will still have access to NHS, schools etc he assuming.
Thanks for your reply.

[zimba]

Staying in the UK without a valid leave is technically a criminal offence. She may not be deported but they will face difficulty along the way. For example losing access to the NHS, particularly with kids is NOT wise. If they are struggling financially, they must seek help through proper channels and they might get a fee waiver. Acting on your own and becoming an unlawful overstayer because the worst case scenario will not happen is a terrible way of thinking

[01484]

Thank you for your help and advice I will forward this information onto them.

[Frontier Mole]

Is the husband a British citizen and if so was he a British citizen at the time the children were born in the U.K.

[01484]

Hi sorry if its been asked before I did have a look but couldn't find anything on it.
My wifes 5 year visa is due to expire 23/12/2023
Wifes arrival into UK- 20-04-2018
I have mostly everything prepared for the ILR renewal but had a few queries:
1) property of ownership and letter signed by owner. I have bought a copy from my local authorities website for the title deeds of my property showing my name and I will write a letter stating I am giving permission for my wife to stay with me and signing it. Will this be sufficient?

2)it says for 6 letters showing proof of address addressed to each person. Can these 6 letters be dated within 2023 recent letters or are they looking for letter since her last 2.5 year renewal back in 2020 so after her 2.5 year visa approval are they wanting letters since then so 2021, 2022 till 2023?

Thank you for your help and time.

[zimba]

Hi sorry if its been asked before I did have a look but couldn't find anything on it.
My wifes 5 year visa is due to expire 23/12/2023
Wifes arrival into UK- 20-04-2018
I have mostly everything prepared for the ILR renewal but had a few queries:
1) property of ownership and letter signed by owner. I have bought a copy from my local authorities website for the title deeds of my property showing my name and I will write a letter stating I am giving permission for my wife to stay with me and signing it. Will this be sufficient?

2)it says for 6 letters showing proof of address addressed to each person. Can these 6 letters be dated within 2023 recent letters or are they looking for letter since her last 2.5 year renewal back in 2020 so after her 2.5 year visa approval are they wanting letters since then so 2021, 2022 till 2023?

Thank you for your help and time.

1. It is not about you giving permission to anyone. It is to show you have a place of residence that you share with her
2. It is 6 pieces of evidence from at least 3 sources, covering the last two years. So no

[01484]

So it's like 2 letters from each year.
2 from 2021
2 from 2022
2 from 2023

For myself and wife?
Thank you for your reply

[CR001]

You need evidence from at least 3 different sources in either joint names or addressed to each of you individually, items must be spread evenly for every 3 to 4 months.

So no, not just two letters per year.

[01484]

Thank you for your reply.
I was wondering my wife came in uk on 20th April 2018 and her 5 years supposed to be 20th April 2023.
I was told you apply a month before her visa expires, so on her BRP card the visa expires on 23rd December 2023.
I shall be applying in a few days time.
Is this OK or has it been left late? I have researched and it appears I could have applied for her ILR from April 2023.

[meself2]

You could've applied back in April (or even late March) indeed, when she qualified - its not tied to her visa expiry. There's no negative consequences for applying late, though.

[01484]

Perfect thank you very much for your help and time.

[01484]

One last question I'm hoping so. On the online application it asks if we have children, Yes we have 3 children. I was wondering do we upload birth certificates of each chil too?
Thanks

[AmazonianX]

One last question I'm hoping so. On the online application it asks if we have children, Yes we have 3 children. I was wondering do we upload birth certificates of each chil too?
Thanks

You may. If the children are BC already or not applying, state why.

[01484]

I'm hoping I am all done documents wise now.
If someone could check if these documents would be OK to showing we have lived together for the last 2 years.

For the spouse I have: home insurance letter May 21, utility bill November 21, DBS check letter January 22, solicitor letter November 22, council tax March 23,

For applicant: NHS maternity certificate letter March 21, online purchase confirmation email (showing address) September 2021, water utility bill February 2022, online sample email confirmation (showing address) order September 2022, NHS appointment letter May 23,

Joint bank statement October 23

I was wondering if they letters are sufficient for an ILR approval? I struggled to find 2 letters for the applicant for 2022 but had email confirmation showing orders sent in 2022 would this be sufficient?
The other thing is one is a NHS maternity certificate and one is a NHS appointment letter would they regard this as one? Or can it be regarded as 2 as they are dated 2 years apart?

I have shown 5 individual letters and 1 joint so assuming that would count as 6 in total.

Thank you for your help and time

[AmazonianX]

Provide what you have to the best of your ability; it's not a deal breaker.

[01484]

Perfect! Thank you for your reply!
My worries is it doesn't refused.
I do have more invoices like online shopping one and another utility bill in applicant name but they are from Feb 22 and 2023 year which iv already provided.
Is there any harm (refuse) in providing more letters than they ask for or is it best to provide 6.