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Married to BC, problems, kids

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

vinny
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Re: Married to BC, problems, kids

Post by vinny » Sun Feb 21, 2016 12:14 am

Where does it say that you cannot travel?
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We do not inherit the Earth from our ancestors, we borrow it from our children.

Winner2012
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Re: Married to BC, problems, kids

Post by Winner2012 » Sun Feb 21, 2016 8:31 am

Thanks so much for your quick response!It actually in the last paragraph of the first letter.
"You are not required to leave the United Kingdom as a result of this descision"

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Casa
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Re: Married to BC, problems, kids

Post by Casa » Sun Feb 21, 2016 9:52 am

Winner2012 wrote:Thanks so much for your quick response!It actually in the last paragraph of the first letter.
"You are not required to leave the United Kingdom as a result of this descision"
You are not required to leave.....

You've misunderstood! This doesn't mean you are not permitted to travel. It means they are not asking you to leave the UK...i.e you are able to stay here with your family. :|
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Re: Married to BC, problems, kids

Post by noajthan » Sun Feb 21, 2016 11:12 am

@Motherworld, you are new to the forum so you may not be aware it is considered inappropriate & rude to hijack another member's post.

I have moved your case to its own thread to avoid confusion:
http://www.immigrationboards.com/immigr ... 03638.html
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Motherworld
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Re: Married to BC, problems, kids

Post by Motherworld » Sun Feb 21, 2016 11:52 am

noajthan wrote:@Motherworld, you are new to the forum so you may not be aware it is considered inappropriate & rude to hijack another member's post.

I have moved your case to its own thread to avoid confusion:
http://www.immigrationboards.com/immigr ... 03638.html


My apologie, thank you

Winner2012
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Re: Married to BC, problems, kids

Post by Winner2012 » Mon Feb 22, 2016 12:32 am

Thank you so much,I did misunderstood the H.O.Please can I now apply for ILR based on this line in my letter ''You fail to meet the requirements of paragraph E-LTRPT 2.3 as you do not have parental responsibility for your children and it is noted that your children live with you as well as their other parent.''Furthermore,since their other parent is also your partner,you are eligible to apply under the partner route,although you decided not to do so.As you fail to meet the Immigration Rules,you cannot be granted under the 5 year or 10 year Parent route''

vinny
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Re: Married to BC, problems, kids

Post by vinny » Mon Feb 22, 2016 12:54 am

The UKVI appears to be confused as to why you chose not to apply for leave under the partner route. They have granted you leave outside the Immigration rules on an exceptional basis.

So, you probably won't be eligible for ILR on this basis yet.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Winner2012
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Re: Married to BC, problems, kids

Post by Winner2012 » Mon Feb 22, 2016 2:28 am

I explained to them in a separate letter that my wife was unwilling to sign the right form and when I rang the H.O helpline,I was advised to use the flr(o) form.The problem with the H.O helpline is that you get 20 advice from 20 different people .
I have the email address of the Caseworker as the manager of my daughter's school copied me into an email when the H.O staff requested an information from them.Please Can I email the caseworker ?

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Casa
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Re: Married to BC, problems, kids

Post by Casa » Mon Feb 22, 2016 9:15 am

Winner2012 wrote:I explained to them in a separate letter that my wife was unwilling to sign the right form and when I rang the H.O helpline,I was advised to use the flr(o) form.The problem with the H.O helpline is that you get 20 advice from 20 different people .
I have the email address of the Caseworker as the manager of my daughter's school copied me into an email when the H.O staff requested an information from them.Please Can I email the caseworker ?
Another classic example of UKVI 'help line' staff giving incorrect advice.
https://www.freemovement.org.uk/immigra ... pectation/
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Winner2012
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Re: Married to BC, problems, kids

Post by Winner2012 » Wed Feb 24, 2016 3:48 am

Hello,

Please can I now apply for Indefinite Leave to Remain?

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Re: Married to BC, problems, kids

Post by vinny » Wed Feb 24, 2016 5:33 am

On what basis?
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We do not inherit the Earth from our ancestors, we borrow it from our children.

Winner2012
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Re: Married to BC, problems, kids

Post by Winner2012 » Thu Feb 25, 2016 2:26 am

I'm entitled to it.I got my first Spouse visa in 2011 and that meant I qualified for ILR in 2013 .

vinny
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Re: Married to BC, problems, kids

Post by vinny » Thu Feb 25, 2016 2:29 am

But you never applied for SET(M) when you may have been eligible!

Now, unfortunately, it's too late. Your circumstances have apparently changed.

Perhaps you will qualify for SET(LR) after completing 10 years continuous legal residence.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: Married to BC, problems, kids

Post by Amber » Thu Feb 25, 2016 8:27 am

Perhaps, you can apply for SET(M) now under 287 as extant leave is not required.
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vinny
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Re: Married to BC, problems, kids

Post by vinny » Thu Feb 25, 2016 9:32 am

Perhaps, but only with wife's support.
Winner2012 wrote:my wife refused to sign my SET M form.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Married to BC, problems, kids

Post by vinny » Thu Feb 25, 2016 9:40 am

Unfortunately, on second thoughts, even with wife's change of heart and support now, A280B effectively prevents 287 from being applicable, as it relies on A280.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Amber
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Re: Married to BC, problems, kids

Post by Amber » Thu Feb 25, 2016 3:02 pm

Sorry I thought the person didn't have any leave. A280B is a nasty sting in the tail but seems arbitrary considering that overstayers wouldn't be caught by it. A challenge should be made.
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Winner2012
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Re: Married to BC, problems, kids

Post by Winner2012 » Wed Jul 25, 2018 8:14 am

ot married to a British Citizen(BC) in June 2011,we had 2 kids ,the first in 2012,and the last one in 2014,
The Home Office(HO) issued me with my 2 years in 2012 which finished in 2014,I applied for ILR using the wrong form,I gor another 2 years .
In 2015,my partner refused to sign so I used the 5 year Parent route ,which the HO denied but gave me discretionary leave for 21/2 years which elapses soon.
We were married from 2011 July,till Dec 2016.She dukes for a divorce and it was granted based on “unreasonable behaviour”We are now divorced ,and I have lived in the country since Oct ,2009 legally.
I have a court contact order and I see the kids regularly.
Please can I now apply for ILR or which form can I use to apply?

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