G'ah - Mom's VISA expired

[harry3000]

Hi All,
Any advice anyone could give on this would be much appreciated: My mom was told by her employer today that she'd failed an immigration check - apparently her visa expired...in 1963! She's got a Indian passport and has been living in the uk since 62/63. her work have suspended her and said unless she "gets legal" she be fired. Does anyone know what the best course of action would be - i'm thinking applying for British Citizenship, but the i see things about rights to abode and other things?! my dad, her husband, has a british passport if that makes a difference.
again, any advice would be awesome - i'm gonna go try to get her to stop crying ;(
Thanks,
Harry

[EJ]

Hi harry3000,

Given that she has been year for so long, she should almost certainly be elligible to apply for indefinite leave to remain (ILR) under the 14 year rule. The 14 year rule does not even require her to have been legally in the UK for the previous 14 years, as long as she has been in the UK and have not been served a removal order. With ILR an individual has no restrictions on working in the UK.

This route will cost some money though. £350 through the post and £500 for the one day service. I am not sure if you can apply through the one day service if you are applying under the 14 year rule.

There may be a better route than the above though. This is the simplest option I could come up with.

Good luck

EJ

[harry3000]

thanks EJ! i'm gonna go see how i can get the same day thingy,
Harry

[John]

Hold back there! Whilst totally agreeing that it is correct to consider a 14 year application, it is not possible to make such an application on a same-day basis at a PEO.

Instead the application must be made by post ... and the cost is £335 by the way (not £350) ... and it is not unusual ... you will hate to hear ... for 14 year applications to take a year or two to process.

The fact that your Dad has a British passport is not going to help here ... well not as regards the matter of getting ILR. However after she has got the ILR, on her facts, she can apply immediately for Naturalisation as British ... assuming of course she has then passed the Citizenship Test.

Best to get the ILR application in soonish ... if she applies on or after 02.04.07 then she would need to pass the Citizenship Test before applying for that ILR.

Form SET(O) is the form to use for your Mom to apply for the ILR.