worried about ILR--could vinny/victoria take a look?

[princess22]

Ok, one more question.

A lot of people are having to wait for 2-3 months for a response for the ILR, the visa has expired at this stage, wouldnt that be classified as over staying? (im rubbish with immigration stuff!)

[John]

A lot of people are having to wait for 2-3 months for a response for the ILR, the visa has expired at this stage, wouldnt that be classified as over staying?

Panic ye not! As long as the application for the new visa is made prior to the expiry of the old visa, it is not true to say that the old visa will have expired. The person has so-called Section 3C protection, that is, the old visa is "treated as continuing" until the application is dealt with, and should it be rejected for some reason, until the time for appealing against that rejection has expired.

So there is no question of the person becoming an overstayer ... they will still have a valid visa while the application is considered.

But princess22, I think you are a bit of a worrier, if you don't mind me saying. So it might be best to go in person, hopefully for a same-day decision, to a PEO. OK it (currently) costs £200 more to make an in-person application, rather than a postal one, but think of all that worrying you won't have to do!

[princess22]

lol, yes John i do tend to worry a lot, however you have put my mind at ease now. At least I know what dates we need to get my husband's application processed.

Thank you so much

Princess

[minerva]

Hi John:

Well, it isn't quite November, but I have an update on the ILR and a question.

At the end of August, I filed a complaint with the Home Office using the official form as I still haven't received any decision about my spousal ILR (applied for in May), and at the end of September, I received a form letter stating they couldn't make their target dates due to "further enquiries being carried out." What does this mean? My husband and I then went to see our MP, and he said he would write a letter on our behalf, but he admitted the letter from the Home Office was very cryptic.

I know all the evidence I supplied to show our marriage was legitimate and true, and we have lived together since our marriage and continue and will continue to do so. So they can investigate all they want into that. I've never been arrested or fingerprinted for any offense in the US or the UK (or even ever fingerprinted...no biometrics when I applied in 2004, and I haven't flown since 2005!), and my experience with civil court has been confined to winning my security deposit back from a landlord in small claims a few years ago. So they can investigate that too. My previous employer was angry that I resigned to get married, but it was just bad feelings, nothing legal, so they can look into that too if they want. my husband, a British citizen, has no criminal record, nor any civil judgments. We've never claimed benefits, I've not overstayed. I've been sitting here racking my brains out trying to think what I possibly did wrong.

If we get a form back from the MP, then should we approach the parliamentary ombudsman?

Thanks for your help, John

[vinny]

At the end of August, I filed a complaint with the Home Office using the official form as I still haven't received any decision about my spousal ILR (applied for in May), and at the end of September, I received a form letter stating they couldn't make their target dates due to "further enquiries being carried out." What does this mean? My husband and I then went to see our MP, and he said he would write a letter on our behalf, but he admitted the letter from the Home Office was very cryptic

If it's a form letter, then it may refer to delays due to further enquires on other cases, not related to yours.

[minerva]

Thanks Vinny. I appreciate your reply. The MP is writing a letter on our behalf, so we'll see what transpires. Then, I'll go to the ombuds.

[princess22]

princess22, thanks for posting those dates. OK, he can apply for his ILR no earlier than 28 days before the 2nd anniversary of him first entering the UK using that visa = 10.04.10 .... and no later than the date of expiry of the current visa = 23.04.10.

Of course he will need to pass the Life in the UK Citizenship test before he can apply for ILR.

Hiya,

Need some help.

If I am sending the application by post, if I post it on the 23rd of April 2010 would this be okay? Or does the home Office require the application by the 23rd of April, confused!

Trying to get a date for the 10th for 'on the day' service but they are really busy so may need to post it.

Thanks for your help in advance

[John]

OK, posting on the 23rd would be OK, but any reason why you are thinking of leaving it that late?

[princess22]

OK, posting on the 23rd would be OK, but any reason why you are thinking of leaving it that late?

Nah just looking at worse case senario, we are planning on posting them on 8th of April.

In regards to bank statements/wage slips, do you send the last 2 years or will last 6 months be acceptable? The form does state documents spread over 2 years.

I had been staying at my brothers flat with my parents for most of my 2 year period but not the last 3 months as me and my husband have moved into our own flat.

Do I need to send my mortgage documents etc?

I just need my mind to be put at ease.

I did take your advise John about applying in person but they have no appointments

Thanks for you help guys, much appreciated.