ILR postal applications (excluding 10/14 yr.)

[sanjacs]

Wow...Sheford! First, congrats on receiving yours.

Why have they rejected her application then?? It would help to have that info...

I'm about the only June applicant still waiting by the way....

@Captainfantastic
@Baxx


Thank you for your well wishes..

My documents return today ..sadly my wife as Dependent ILR application has been refused.

I do not want another trap into the lengthy appeal waiting time..
Does anyone know if she can apply under a dependent of a settled person FLR(M) from UK? or she needs to return back home and apply from there?

Please advice me if anyone know this matter.

thanks,
sheford.

Hi Everyone,

With Almighty God Mercy finally I got the BRP card on 18th Dec issued on 14th Dec...

Many congratulations, Sheford! and many thanks also for all of the updates. Hope you get the rest of your documents very soon! There is still hope for everyone!

[19eggs]

Wow...Sheford! First, congrats on receiving yours.

I'm about the only June applicant still waiting by the way....

@Captainfantastic
@Baxx


Thank you for your well wishes..

My documents return today ..sadly my wife as Dependent ILR application has been refused.

I do not want another trap into the lengthy appeal waiting time..
Does anyone know if she can apply under a dependent of a settled person FLR(M) from UK? or she needs to return back home and apply from there?

Please advice me if anyone know this matter.

thanks,
sheford.

Hi Everyone,

With Almighty God Mercy finally I got the BRP card on 18th Dec issued on 14th Dec...

Many congratulations, Sheford! and many thanks also for all of the updates. Hope you get the rest of your documents very soon! There is still hope for everyone!

Sanjacs, I am still waiting too. Kam123 and I applied on the same date and he received his and I have not.

Sheford, congrats and thanks for updating the time lines....

[sheford]

My documents return today ..sadly my wife as Dependent ILR application has been refused.Because she hasn't completed two year probationary period.

I do not want another trap into the lengthy appeal waiting time..

Does anyone know if she can apply under a dependent of a settled person FLR(M) from UK? or she needs to return back home and apply from there?

How about the 6 months lost during the visa processing?Does this time will be considered as Illigal stay?

Please advice me if anyone know this matter.

thanks,
sheford.

[sheford]

thanks sanjacs and 19egg...

the reason they give for refusal is Because she does not fulfill the 24 month stay in UK.

Wow...Sheford! First, congrats on receiving yours.

Why have they rejected her application then?? It would help to have that info...

I'm about the only June applicant still waiting by the way....

@Captainfantastic
@Baxx


Thank you for your well wishes..

My documents return today ..sadly my wife as Dependent ILR application has been refused.

I do not want another trap into the lengthy appeal waiting time..
Does anyone know if she can apply under a dependent of a settled person FLR(M) from UK? or she needs to return back home and apply from there?

Please advice me if anyone know this matter.

thanks,
sheford.

Hi Everyone,

With Almighty God Mercy finally I got the BRP card on 18th Dec issued on 14th Dec...

Many congratulations, Sheford! and many thanks also for all of the updates. Hope you get the rest of your documents very soon! There is still hope for everyone!

[Spidery_thread]

My documents return today ..sadly my wife as Dependent ILR application has been refused.Because she hasn't completed two year probationary period.

I do not want another trap into the lengthy appeal waiting time..

Does anyone know if she can apply under a dependent of a settled person FLR(M) from UK? or she needs to return back home and apply from there?

How about the 6 months lost during the visa processing?Does this time will be considered as Illigal stay?

Please advice me if anyone know this matter.

thanks,
sheford.

@sheford,


The time she spent during her application with the HO was under section 3C.(if her leave expired during her application was still pending).
3C= "a person must have existing leave to enter or remain at the time when their valid application is made. Section 3C then prevents such an applicant becoming an over stayer during the period in which their application for a variation of leave remains undecided and, thereafter, while an appeal against any refusal could be brought or is pending".

What was the reason for refusal?
Is she told to complete 2 years?
Is she given right of appeal?

[Captainfantastic]

My documents return today ..sadly my wife as Dependent ILR application has been refused.Because she hasn't completed two year probationary period.

I do not want another trap into the lengthy appeal waiting time..

Does anyone know if she can apply under a dependent of a settled person FLR(M) from UK? or she needs to return back home and apply from there?

How about the 6 months lost during the visa processing?Does this time will be considered as Illigal stay?

Please advice me if anyone know this matter.

thanks,
sheford.

Firstly, Sheford I am very sorry (as, I am sure, is everyone else on here) to hear that your wife's application has been refused - you must have very mixed emotions! From my experience of the UKBA, I'm guessing that they will not have told you the reason. Insofar as applying as the spouse of a settled resident, I am no expert. Because my wife's last visa was issued in 2010, she was able to apply for ILR under the old rules (pre-July 2012) and we didn't need to prove income. In addition, we had to have lived together as husband and wife for 2 years. I think the first thing to ask in your situation is whether your wife's visa is still valid, or did it expire during your application process? If it is now not valid, then technically the UKBA will say that she is here illegally now! If it is still valid, then perhaps (if she last applied prior to July 2012) then she may qualify under the old rules. However, it is possible the UKBA might treat this as a completely new application and say it has to be under the new rules. For the new rules, you have to have lived in the UK for 5 years, and you have to prove that you have a certain level of income (I think it is between £17,000 and £18,000 per year). However, as I said, I am no expert, and perhaps you may want to consult with an immigration expert to get definite clarification of what the UKBA require. In addition, your wife will have to prove that she can speak English to a certain level. This might mean she has to either take an English Language qualification and/or pass the Life In the UK exam.

Also, as I am sure you know, if you do decide that she should apply - make sure you get a personal appointment (more money, I know, but ultimately a lot less hassle!.

Whatever you choose, I wish you the very best of luck! Take care.

[Captainfantastic]

My documents return today ..sadly my wife as Dependent ILR application has been refused.Because she hasn't completed two year probationary period.

I do not want another trap into the lengthy appeal waiting time..

Does anyone know if she can apply under a dependent of a settled person FLR(M) from UK? or she needs to return back home and apply from there?

How about the 6 months lost during the visa processing?Does this time will be considered as Illigal stay?

Please advice me if anyone know this matter.

thanks,
sheford.

Sorry, Sheford, I didn't see either your or Spidery-thread's posts before I posted my previous comments. Personally, I think you should consult an immigration expert - I'm not sure any of us are qualified to give you a proper answer. I guess, given the reason (less than 2 years) the first thing to establish is when that 2 years will be completed? As I said in my previous comment, my wife (Malaysian) also had to stay in the UK for 2 full years to apply for SET(M) as the spouse of a UK citizen (me). However, I think you may now be in a Catch-22 situation whereby she cannot apply for a visa more than 28 days before her current visa expires. Then that might be treated as a completely new application and the new rules may apply. This is why I think you need to consult an expert, because I think your (and hers) situation has become much more complex; otherwise we will end up totally confusing you (and us!).

If her visa has now expired, then I think she will have to return to her own country and make the application from there.

[Spidery_thread]

If her leave expired during application process and the application is refused then she must have received right of appeal, depending on the reason of refusal.

[Captainfantastic]

If her leave expired during application process and the application is refused then she must have received right of appeal, depending on the reason of refusal.

That's true. But Sheford indicated that he didn't want to go through the appeal process. However, I agree that might be the better approach, although if the appeal fails, you lose the money for that as well! I really don't know how the UKBA would view that, if originally the applicant didn't meet the 2 year rule, but does now because the decision took so long to make that she now qualifies for being here 2 years, but the visa has now expired. As I said, I think the whole situation is now much more complicated.

[sheford]

@Spidery_thread

What was the reason for refusal?
1- she does not have the contineous leave for 2 years in accordance with the paragraph 319E(d)(i)

2-They accept the subsisting relationship as spouse however not considered that there are in surmountable obstacles to family life with that partner continuing outside the UK.

3-You have not lived in UK for 20 years.So your not eligible.

Is she told to complete 2 years?
Nothing is mentioned as such.

Is she given right of appeal?
Yes,until 3rd January.And also mentioned if she wants to withdraw the application then she need to make the decision within 10 days.They have withheld the passport as well.

My documents return today ..sadly my wife as Dependent ILR application has been refused.Because she hasn't completed two year probationary period.

I do not want another trap into the lengthy appeal waiting time..

Does anyone know if she can apply under a dependent of a settled person FLR(M) from UK? or she needs to return back home and apply from there?

How about the 6 months lost during the visa processing?Does this time will be considered as Illigal stay?

Please advice me if anyone know this matter.

thanks,
sheford.

@sheford,


The time she spent during her application with the HO was under section 3C.(if her leave expired during her application was still pending).
3C= "a person must have existing leave to enter or remain at the time when their valid application is made. Section 3C then prevents such an applicant becoming an over stayer during the period in which their application for a variation of leave remains undecided and, thereafter, while an appeal against any refusal could be brought or is pending".

What was the reason for refusal?
Is she told to complete 2 years?
Is she given right of appeal?

[Captainfantastic]

[quote="sheford"]@Spidery_thread

Is she given right of appeal?
Yes,until 3rd January.And also mentioned if she wants to withdraw the application then she need to make the decision within 10 days.They have withheld the passport as well.


I would guess (but it is only a guess) that if you decide not to appeal by the 3rd of January, then (assuming the visa has now expired) she will then be treated as being here illegally, and they will tell her to return to her own country.

[eagle_guy34]

My documents return today ..sadly my wife as Dependent ILR application has been refused.Because she hasn't completed two year probationary period.

I do not want another trap into the lengthy appeal waiting time..

Does anyone know if she can apply under a dependent of a settled person FLR(M) from UK? or she needs to return back home and apply from there?

How about the 6 months lost during the visa processing?Does this time will be considered as Illigal stay?

Please advice me if anyone know this matter.

thanks,
sheford.

she is not an oversayer i beleive

From 9 July 2012, any applicant who is applying for leave to remain must not have remained in the UK for longer than 28 days after the expiry of their original grant of leave, on the date of their application. This is commonly known as overstaying.
The 28 day period of overstaying is calculated from the latest of:
 the last day of their latest grant of leave to enter or remain
 the end of any extension of leave they were given under sections 3C or 3D of the
Immigration Act 1971, or
 the date the applicant is deemed to have received a written notice of invalidity, in accordance with paragraph 34C or 34CA of the Immigration Rules, relating to an in- time application for leave to remain.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[sheford]

@eagle_guy34

Thanks for the reply.Her visa expired 6 months ago.
It means she is not an over stayer based on..

" the date the applicant is deemed to have received a written notice of invalidity, in accordance with paragraph 34C or 34CA of the Immigration Rules, relating to an in- time application for leave to remain.

can she file a new FLR application now from UK? or she now has to leave UK and apply from home country?

My documents return today ..sadly my wife as Dependent ILR application has been refused.Because she hasn't completed two year probationary period.

I do not want another trap into the lengthy appeal waiting time..

Does anyone know if she can apply under a dependent of a settled person FLR(M) from UK? or she needs to return back home and apply from there?

How about the 6 months lost during the visa processing?Does this time will be considered as Illigal stay?

Please advice me if anyone know this matter.

thanks,
sheford.

she is not an oversayer i beleive

From 9 July 2012, any applicant who is applying for leave to remain must not have remained in the UK for longer than 28 days after the expiry of their original grant of leave, on the date of their application. This is commonly known as overstaying.
The 28 day period of overstaying is calculated from the latest of:
 the last day of their latest grant of leave to enter or remain
 the end of any extension of leave they were given under sections 3C or 3D of the
Immigration Act 1971, or
 the date the applicant is deemed to have received a written notice of invalidity, in accordance with paragraph 34C or 34CA of the Immigration Rules, relating to an in- time application for leave to remain.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Baxx]

Sheford,

I am so sorry to hear a bad news after your great news. Why life is never easy?

I had a light look around, and I think (am no expert so it's just what UKBA website says) your wife is eligible to apply for FLR(M), within UK. In order to do so she can only over stay for less than 28 days, so you do not have much time.

Your wife's over stay status starts from the day you withdraw the original application, or you drop the appeal if should you to proceed that way.

As you know, if you appeal, she can stay as long as appeal is being dealt with. However, since 2 year qualification period is not fulfilled you may not have much chance there.

I would seek a professional advice right away, and apply for FLR(M), if I were you.

She needs an income of £18,600, and needs to pass the language test.

Good luck.

@eagle_guy34

Thanks for the reply.Her visa expired 6 months ago.
It means she is not an over stayer based on..

" the date the applicant is deemed to have received a written notice of invalidity, in accordance with paragraph 34C or 34CA of the Immigration Rules, relating to an in- time application for leave to remain.

can she file a new FLR application now from UK? or she now has to leave UK and apply from home country?

[suwi]

Hi Sheford,

I am sorry about the refusal I think all who replyied gave some idea. But given the difficulty of the issue i wuld advice you to seek a imm solocitor's advice. I knew a girl year ago had a refusal - applying after expiary of the visa and still able to fight back.

Just for my interest may i know the date your wife started her two yrs in UK( if granted from out side uk the day she came to uk and if granted while in side uk the day visa was granted) and the day she sent the application to UKBA( the day the acknowledgement letter dated)
I wonder is there a gray area or clear cut case.
depend on dates someone will be able to tell the weight of an appeal and a new application.

Suwi

[sheford]

Baxx and Suwi,

thanks for the advice.
My wife granted the visa from outside Uk on 10th August 2011 and visa expired on 29th June.we send application on 9th June 2012 recieved the acknowldement letter on 13th June.

Hi Sheford,

I am sorry about the refusal I think all who replyied gave some idea. But given the difficulty of the issue i wuld advice you to seek a imm solocitor's advice. I knew a girl year ago had a refusal - applying after expiary of the visa and still able to fight back.

Just for my interest may i know the date your wife started her two yrs in UK( if granted from out side uk the day she came to uk and if granted while in side uk the day visa was granted) and the day she sent the application to UKBA( the day the acknowledgement letter dated)
I wonder is there a gray area or clear cut case.
depend on dates someone will be able to tell the weight of an appeal and a new application.

Suwi

[sanjacs]

So she's not completing 2 years till August 2013.....there's no point in appealing this. Just apply for FLR.

I think she'll now be affected by the 5 year continous stay criteria.

It was quite a tricky one though....You should have applied for same day around june on your own, and then apply for FLR for her instead of sending hers in with yours.

Its not the end of the world though...at least you've got ILR

Baxx and Suwi,

thanks for the advice.
My wife granted the visa from outside Uk on 10th August 2011 and visa expired on 29th June.we send application on 9th June 2012 recieved the acknowldement letter on 13th June.

Hi Sheford,

I am sorry about the refusal I think all who replyied gave some idea. But given the difficulty of the issue i wuld advice you to seek a imm solocitor's advice. I knew a girl year ago had a refusal - applying after expiary of the visa and still able to fight back.

Just for my interest may i know the date your wife started her two yrs in UK( if granted from out side uk the day she came to uk and if granted while in side uk the day visa was granted) and the day she sent the application to UKBA( the day the acknowledgement letter dated)
I wonder is there a gray area or clear cut case.
depend on dates someone will be able to tell the weight of an appeal and a new application.

Suwi

[19eggs]

Hi! Sheford,

Sorry to hear about your wife's circumstances. As others have advised, I am sure you will take the right decision. All the best and do let us know...

Cheers

[aumae]

Hi sheford, as per my understanding you wife still qualifies under old rules as she entered the UK before 9th july 2012. In order for her to complete 2 years you will have to extend her visa until Aug 2013 as she entered in Aug 2011. You can apply for her ilr 28 days before she is completing 2 years period. I'm not really sure whether u can extend her visa from UK . Take legal advise thanks and all the best

[geoff332]

My passport arrived today; BRP is still yet to come.

It arrived today...

Visa: Set(O) (I arrived on HSMP in 2007, then converted to Tier 1 (general) in 2009)
Application Date: June 19th 2012
Biometric Registration: August 9th 2012 - completed August 10th
Documents Returned: 18th Dec 2012
BRP: 21st Dec 2012

[sheford]

Thanks Guys...I am going to see a immigration solicitor to see any possiblities to apply from UK.

[Spidery_thread]

sheford"]@Spidery_thread

What was the reason for refusal?
1- she does not have the contineous leave for 2 years in accordance with the paragraph 319E(d)(i)

2-They accept the subsisting relationship as spouse however not considered that there are in surmountable obstacles to family life with that partner continuing outside the UK.

3-You have not lived in UK for 20 years.So your not eligible.

Is she told to complete 2 years?
Nothing is mentioned as such.

Is she given right of appeal?
Yes,until 3rd January.And also mentioned if she wants to withdraw the application then she need to make the decision within 10 days.They have withheld the passport as well.

@Sheford,

HO has given you such a short time to appeal as until 3rd Jan 2013, there are 7 bank holidays.

She can apply within country but make sure you apply by 3rd Jan 2013.

She should have been asked by the case worker to complete the shortfall in the time rather than total refusal.

She can apply on FLR(M) without passport as its retained by another department of HO.

Rest is on your solicitor.

Good Luck....

[kaus1]

Hi guys
Can anyone can advise me please, I'm going to sent UKBA an envelope with special delivery so that when they return my documents after the process I get my documents as soon as. Can anyone tell me how to do that at the post office!

[Spidery_thread]

Hi guys
Can anyone can advise me please, I'm going to sent UKBA an envelope with special delivery so that when they return my documents after the process I get my documents as soon as. Can anyone tell me how to do that at the post office!

@Post Office ask for prepaid Special Delivery Flyer Bag(Silver one), make sure you get the one with postage paid up to 1000gms (1 KG) just to be on the safe side.

Write your name and address on it, take a picture of the tracking number from your phone or peal off one of the small sticker with tracking number on it or write it.(for return tracking on www.royalmail.com/trackandtrace.

Include that flyer bag with your application.

[kaus1]

Hi guys
Can anyone can advise me please, I'm going to sent UKBA an envelope with special delivery so that when they return my documents after the process I get my documents as soon as. Can anyone tell me how to do that at the post office!

@Post Office ask for prepaid Special Delivery Flyer Bag(Silver one), make sure you get the one with postage paid up to 1000gms (1 KG) just to be on the safe side.

Write your name and address on it, take a picture of the tracking number from your phone or peal off one of the small sticker with tracking number on it or write it.(for return tracking on www.royalmail.com/trackandtrace.

Include that flyer bag with your application.

Thanks