Giving reasons for ILR application??

diamonds · Post by **diamonds** » Wed Mar 06, 2013 9:33 pm

Hi everyone, just a general question.

If someone has overstayed or should have made an ILR application sooner, do they HAVE to give a reason on a cover latter as to why there has been a delay in making an ILR application to settle immigration status.

If they don't give a reason will the Home Office question why there has been a delay? Does the applicant get in trouble for not settling their status earlier?

Thanks

Gagan1986 · Post by **Gagan1986** » Wed Mar 06, 2013 9:36 pm

diamonds wrote:Hi everyone, just a general question.

If someone has overstayed or should have made an ILR application sooner, do they HAVE to give a reason on a cover latter as to why there has been a delay in making an ILR application to settle immigration status.

If they don't give a reason will the Home Office question why there has been a delay? Does the applicant get in trouble for not settling their status earlier?

Thanks

If you apply 28 days after your current leave has expired then yes you will be asked for a reason and it has to be a genuine one

wpilr_nov12 · Post by **wpilr_nov12** » Wed Mar 06, 2013 10:51 pm

Rather than trying to formulate a strategy on assumptions, it would be helpful to you if you laid out your actual circumstances and details.

diamonds · Post by **diamonds** » Wed Mar 06, 2013 11:39 pm

Happy to do so.. But must admit though usually people get abit baffled by the situation, hope someone out there can help.

My partner was born in the UK but his parents were not settled at the time of birth. Meant my partners status was not settled either. He has lived his whole life without a passport but now at the age of 26 he has matured and NEEDS settled status, especially as we wish to hv a civil ceremony for which u need settled status.

He can't apply for direct British citizen as he has a speeding conviction sp30 that hasnt been over 3 years! So our next best option is ILR.

If we applied for ILR for him now would the home office question why he's lived his whole life till now without applying to settle his status earlier???? In his application cover letter does he need to explain the delay?

wpilr_nov12 · Post by **wpilr_nov12** » Wed Mar 06, 2013 11:49 pm

Technically he has not overstayed, because he never had a leave limiting his stay. What are the parents status now?

diamonds · Post by **diamonds** » Wed Mar 06, 2013 11:54 pm

That's what I thought, il jus make an innocent application for him, he shouldn't be held responsible for his parents shortcomings.

his parents status is still unsettled because they are to scared to make an application. Surely this isn't his problem right? I can't hold back on my partners ILR application for his parents

wpilr_nov12 · Post by **wpilr_nov12** » Thu Mar 07, 2013 12:03 am

Do his parents currently hold a valid visa of any type?

diamonds · Post by **diamonds** » Thu Mar 07, 2013 12:12 am

His parents don't have a visa or anything, just living life in fear

diamonds · Post by **diamonds** » Thu Mar 07, 2013 12:22 am

His parents do wish to apply fr ILR on their own accord, but obviously in the meantime me and my partner really need his status to be settled, so our focus is his application for ILR. We're hoping his parents unsettled status has nothing to do with his application....

sh1981 · Post by **sh1981** » Thu Mar 07, 2013 1:39 am

diamonds wrote:Happy to do so.. But must admit though usually people get abit baffled by the situation, hope someone out there can help.

My partner was born in the UK but his parents were not settled at the time of birth. Meant my partners status was not settled either. He has lived his whole life without a passport but now at the age of 26 he has matured and NEEDS settled status, especially as we wish to hv a civil ceremony for which u need settled status.

He can't apply for direct British citizen as he has a speeding conviction sp30 that hasnt been over 3 years! So our next best option is ILR.

If we applied for ILR for him now would the home office question why he's lived his whole life till now without applying to settle his status earlier???? In his application cover letter does he need to explain the delay?

did you say he was born here?

http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

diamonds · Post by **diamonds** » Thu Mar 07, 2013 12:41 pm

Hi, yes he was born here! And he applied for British citizenship using form t application in 2011 as per ur link, but this was rejected because of an unspent speeding conviction sp30.

Now we're exploring other options for him - best bet ILR long residency from birth

Was just wondering whether we should state a reason why it's taken so long to make an application.

To be honest there is no reason for delay except now he's older he has responsibilities and needs to be settled for a secure future

sh1981 · Post by **sh1981** » Fri Mar 08, 2013 2:20 am

diamonds wrote:Hi, yes he was born here! And he applied for British citizenship using form t application in 2011 as per ur link, but this was rejected because of an unspent speeding conviction sp30.

Now we're exploring other options for him - best bet ILR long residency from birth

Was just wondering whether we should state a reason why it's taken so long to make an application.

To be honest there is no reason for delay except now he's older he has responsibilities and needs to be settled for a secure future

cant you appeal?

sh1981 · Post by **sh1981** » Fri Mar 08, 2013 6:49 am

so youre telling me he was born in uk?

that means he must have a uk birth certificate?

anyway i dont know, adopt him as your grown up child

sh1981 · Post by **sh1981** » Fri Mar 08, 2013 7:17 am

from what i can see the options are:

- person was abandoned at birth
- person was adopted
- person is stateless

what do you think?

i mean i find this sort of worrying............. it sort of makes me sad really i mean its not his fault that his parents were illegal. :/

diamonds · Post by **diamonds** » Fri Mar 08, 2013 8:10 am

Yep he has a uk birth certificate

Will be sending that off with his ILR application

Also me too, i find it really sad too that it's not his fault his parents r illegal. I want to write this in his cover letter,how could I word it, that he shouldn't hv to take responsibility for his parents shortcoming....?

They r still illegal and it's so frustrating that my poor partner has had to live like this. He's never seen The sight of another country, poor thing never been on a plane.

sh1981 · Post by **sh1981** » Fri Mar 08, 2013 8:37 pm

diamonds wrote:Yep he has a uk birth certificate

Will be sending that off with his ILR application

Also me too, i find it really sad too that it's not his fault his parents r illegal. I want to write this in his cover letter,how could I word it, that he shouldn't hv to take responsibility for his parents shortcoming....?

They r still illegal and it's so frustrating that my poor partner has had to live like this. He's never seen The sight of another country, poor thing never been on a plane.

i feel so sad hearing this honestly.
i dont think you need a passport to marry if you do it in church of england .. or in scotland...what was that..prebestryan church orsomething? anyway what about adoption.

sh1981 · Post by **sh1981** » Fri Mar 08, 2013 8:37 pm

diamonds wrote:Yep he has a uk birth certificate

Will be sending that off with his ILR application

Also me too, i find it really sad too that it's not his fault his parents r illegal. I want to write this in his cover letter,how could I word it, that he shouldn't hv to take responsibility for his parents shortcoming....?

They r still illegal and it's so frustrating that my poor partner has had to live like this. He's never seen The sight of another country, poor thing never been on a plane.

btw what country were his parents from?

uksettlement · Post by **uksettlement** » Tue Mar 12, 2013 10:19 am

sh1981 wrote:
adopt him as your grown up child

Can you grow up and not give meaningless advice. If you dont have any value to add dont you think it would best to keep your mouth shut?

diamonds · Post by **diamonds** » Tue Mar 12, 2013 11:51 pm

Hey,

I appreciate the forums should be kept decent especially since people don't really come on here with laughing matters, rather with more serious and sensitive situations.

Anyway, I've decided I will be making an ILR application for my partner using Form set O. I'm filing the form out myself and it is quite straight forward, so i won't be using an agent or SCS to double check the form etc.

Was wondering, do u think this will be ok? Or is this risky in case there r mistakes in the form? I filled out in accordance with the guide.....

uksettlement · Post by **uksettlement** » Wed Mar 13, 2013 8:47 am

All the best diamonds. You will be fine. Drop us alone if you need any clarification.

sh1981 · Post by **sh1981** » Wed Mar 13, 2013 6:18 pm

uksettlement wrote:
sh1981 wrote:
adopt him as your grown up child
Can you grow up and not give meaningless advice. If you dont have any value to add dont you think it would best to keep your mouth shut?

pipe down princess

it is in fact meaningful advice! as a matter of fact im the only one who gave meaningful advice really.
only options seem to be
adoption, statelessness and being abandoned at birth!
UK has what they call 'right of blood' therefore you got to have one british parents, or, at least one who is here with a 'settled' status. only a few countries in this world operate whats i believe jus soli, 'right of soil', including US, no country in europe does!

sh1981 · Post by **sh1981** » Wed Mar 13, 2013 6:23 pm

diamonds wrote:Hey,

I appreciate the forums should be kept decent especially since people don't really come on here with laughing matters, rather with more serious and sensitive situations.

Anyway, I've decided I will be making an ILR application for my partner using Form set O. I'm filing the form out myself and it is quite straight forward, so i won't be using an agent or SCS to double check the form etc.

Was wondering, do u think this will be ok? Or is this risky in case there r mistakes in the form? I filled out in accordance with the guide.....

no, you wanted a civil ceremony. that can be done in church of england without a COA i believe.

you didnt say which country his parents were from, that would help me answer you further on your options

Kevin24 · Post by **Kevin24** » Wed Mar 13, 2013 7:30 pm

uksettlement wrote:
sh1981 wrote:
adopt him as your grown up child
Can you grow up and not give meaningless advice. If you dont have any value to add dont you think it would best to keep your mouth shut?

Hi! uksettlement. He just got his ILR. May be available for adoption.

sh1981 · Post by **sh1981** » Wed Mar 13, 2013 8:41 pm

Kevin24 wrote:
uksettlement wrote:
sh1981 wrote:
adopt him as your grown up child
Can you grow up and not give meaningless advice. If you dont have any value to add dont you think it would best to keep your mouth shut?
Hi! uksettlement. He just got his ILR. May be available for adoption.

nothing wrong with adoption

diamonds · Post by **diamonds** » Wed Mar 13, 2013 11:41 pm

Well he is my PARTNER and I'm pregnant with HIS child right now so how and why on earth would I 'adopt' the father of my child.

I think his parents nationality is irrelevant. The matter is they have been in the UK for past 40 years with unsettled status. My partner was born in the UK during this time.

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Giving reasons for ILR application??

Giving reasons for ILR application??

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