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

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

Post by minerva » Fri Jul 18, 2008 3:07 pm

Greetings

First I'm sorry for the long post, but I am trying to set my mind at ease a bit, and see if there is anything I should be doing.

I'm the American wife of a Brit, and I applied for ILR in Mid-May. Still nothing from the Home Office. I've seen from the boards that a lot of applications have been done in a month, and I am getting worried that I didn't supply enough documentation or did something wrong on the application which is causing a delay. Finances aren't the problem. Husband has has his job for the past 24 years (about 34 K), I am self-employed, working as a part-time contractual university lecturer and writer (about 4 K). I know it is a pathetic income on my part, but I took time off to finish and publish an academic book. We have no debts, and hub owns a rental property free and clear.

I entered the UK on an academic visa (not student) in August 2004, which was renewed for one more year, expiring in August 2006. (This was for a visiting lecturer/research exchange at a UK uni, as I was a lecturer in the States previously). We married in May 2006, and I received FLR which expired May 31, 2008.

This is what I gave the Home Office to prove cohabitation/economic stability.

1.My husbands pay slips from the past two years (104 of these as he gets paid weekly), and his P60 from last year.

2. Our bank statements....24 of my husband's and 18 of mine spread out over the past two years (from July 2006 to May 2008). I didn't include two of my statements (January/February) because my pension company lost them getting them back to me in the mail when doing an identity check (ironic, no?). However, I included the letter from the pension company explaining they lost my statements in the documentation for the HO. The pension company scanned the two lost bank statements and attached them in their letter to me.

3. My pay slips from the university where I work part-time as a contractual teacher for the past two years. These have irregular amounts of income, as I am paid hourly per lecturer/seminar and per paper marked. These were mailed to our home and there were about a dozen spread from October 2006 until April 2008.

4. Our council tax (his name)

5. Our home contents insurance policy for the past 2 years (both names)

6. three electricity bills (both names)

7. 2 phone bills (both names)

8. A letter from the surgery for me, as well as a prescription with my address.

9. A letter from from the surgery for him

10. four letters from HMRC about my self-employment. I made under the 4500 pound threshold and received a small-earnings exemption for tax

11. 5 joint letters (both names) from a letting agent about my husband's property he owns he is trying to sell (not where we live)

12. 3 letters to me from the Pension company.

13. DVLA letter to husband about his road tax

14. Car insurance addressed to husband.

15. Three letters to him from the pension company.

All told I had around 32 pieces of evidence besides all the bank statements/payslips/P60.

First question, was this enough documentation? There was more for the second year than the first, but there was a bank statement to our address, either hubs or mine, for every month the past two years. As they asked for 20 pieces of evidence in both names, and I only had 12, I provided about 20 more pieces in separate names. I also have in a folder a load more documentation, but I was trying to follow instructions and not overwhelm them with stuff.

Secondly, I didn't include my expired passport with my academic visas in it, just my new passport with my FLR, as I thought I lost the expired one. I subsequently found the expired passport, and Victoria advised that I write the home office a letter asking them if they wanted it. I also asked if they wanted me to order new copies of the two original bank statements that were lost by the Pension Company, and the four I didn't include from the past two years. (I thought I had enough of a spread of bank statements). Are the missing bank statements going to be a problem?

Thirdly, my husband paid off my US student loans (thanks dear!) by transferring money to my bank account--about 12,000 pounds whereupon I then paid the loan company. I didn't think at the time to include this in my cover letter, but wonder if I should have. I also received about 3000 pounds in US tax refunds from the academic fellowship I held part-way through 2006. I didn't think to mention this either, because it was a one-time thing, not regular income. Should I have mentioned these things in the cover letter?

Fourthly, we've been living together at the same address for two years, and we privately rent. We rent from my hub's boss...an old farmhouse that he needed fixing up. The first six months we did fix up work in lieu of paying him rent (but we did pay the council tax), and after that we paid him monthly and were given a lease. I didn't think at the time to explain all of this in the covering letter, and hub's boss was out of the country when we needed a copy of the lease. He got it to us past the time I needed to sent the ILR application in, so I figured I had plenty of other evidence of where we lived. Now I wonder if I should have explained this more thoroughly to the HO.

Fifthly, I included both our passports, but not our marriage certificate, or my divorce certificate as the home office didn't ask for it in the form. We provided these for FLR, but on the ILR form they only seemed to want a marriage certificate for civil partnership, not marriage, and I was trying to follow instructions. Mistake?

Sixthly, we went on 2, 2-week holidays to France and German via the chunnel. I believed I was allowed to go on holiday, but is 30 days absence from the UK during my two-year FLR period a problem? I have not left the country other than for those holidays.

Lastly, I found out two weeks ago I received a British Academy Grant for my next book. Though it isn't income (just research expenses), it would show the HO that I am not a lay-about. To be eligible, you have to be a UK resident, and I told the grant committee I had FLR and would be applying for ILR in May. I also didn't mention in my covering letter my income was so low as I was writing a book, which is now published. Should I have?

Anything I should do at this point? Just hang tight and wait for the HO to get in touch? Or, is another clarifying letter to them needed? I feel like a real nincompoop about this whole thing. Thanks for persevering through this long email

:shock:

buglet

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Post by whirly » Fri Jul 18, 2008 3:26 pm

Minerva: your list looks quite comprehensive to me. I got my ILR in April and had a similar set of docs in both names spread over 2 years.

Obvious question: you included your Life in the UK test pass certificate, right?!

Otherwise, I can't see any reason why they would reject you. Just being slow about it, is my guess. Did you receive any kind of acknowledgement letter with a reference number? You could try contacting them to see what your status is...?

minerva
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Post by minerva » Fri Jul 18, 2008 4:46 pm

Yes, I did include the Life in the UK Test Pass. What is ironic about it all is my doctorate is in British History, LOL. Well, we'll see if Vinny or Victoria have any suggestions, other than telling me to sit tight. We have a September holiday scheduled, and at this point, are starting to cancel the reservations.

minerva
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Post by minerva » Fri Jul 18, 2008 4:47 pm

And, yes, I did get an acknowledgment letter which told me not to call until 14 weeks has gone by. We are on week 8, so I guess I hang tight till then.

pencillin
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Post by pencillin » Fri Jul 18, 2008 4:59 pm

I believe Victoria is no longer around on immigrationboards.

vinny
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Post by vinny » Sat Jul 19, 2008 12:17 am

From the looks of it, you have submitted more than sufficient documents. Don't worry about the short holidays (4.5. Further guidance). Good luck and Be patient.
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katatonia
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Post by katatonia » Sat Jul 19, 2008 9:07 pm

minerva wrote:And, yes, I did get an acknowledgment letter which told me not to call until 14 weeks has gone by. We are on week 8, so I guess I hang tight till then.
Hi,

I thin we are in the same boat . as i applied in middle of May and i have heared nothing since then axcept the acknowledgment letter.
but i am not worried coz they have no reason to refuse , i been there before:).hope it helps

minerva
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Post by minerva » Sun Jul 20, 2008 2:35 pm

Thanks to everyone for their reassurance. Patience has never been my strong point, I think. And good luck to those in the same boat.

John
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Post by John » Sun Jul 20, 2008 3:45 pm

We married in May 2006, and I received FLR which expired May 31, 2008.
No it did not expire! Because you applied for the new visa before the expiry of the old one you have so-called Section 3C protection. That is, the old visa is "treated as continuing" while they deal with the application. You still have a valid visa .... you are not an overstayer!
Patience has never been my strong point
At the present time you have no option. No doubt things will work out OK. You really do need to be patient here.
John

minerva
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Post by minerva » Tue Jul 22, 2008 9:58 pm

Thanks to all for their guidance, corrections and reassurance. I find it very heartening that folks on an internet forum can be so kind.

And thanks for the internet link on patience, which I recommend to anyone who does not possess this quality in abundance!

DH also very sweetly organized another September holiday in the UK vs our planned one to Ireland if the ILR does not come through by then so it was not such a problem after all.

Best of luck to those also waiting for spouse visas and other applications.

katatonia
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Post by katatonia » Thu Aug 07, 2008 11:10 am

Just to let you know i got my ILR today , i posted my application on 20/5/08 . Good luck everybody :D
minerva wrote:Thanks to all for their guidance, corrections and reassurance. I find it very heartening that folks on an internet forum can be so kind.

And thanks for the internet link on patience, which I recommend to anyone who does not possess this quality in abundance!

DH also very sweetly organized another September holiday in the UK vs our planned one to Ireland if the ILR does not come through by then so it was not such a problem after all.

Best of luck to those also waiting for spouse visas and other applications.

John
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Post by John » Thu Aug 07, 2008 2:36 pm

katatonia, many congratulations, glad it worked out, but then, why not!
John

katatonia
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Thank for all your support

Post by katatonia » Thu Aug 07, 2008 7:31 pm

John wrote:katatonia, many congratulations, glad it worked out, but then, why not!
Thank You very much john for your help and support , thank you very much everybody, i will back to shortly john with question about AN form if you don't mind.

Thank You and good luck for everybody :)

katatonia
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ILR post &orginal Pass notification for life in the uk b

Post by katatonia » Thu Aug 07, 2008 9:06 pm

katatonia wrote:
John wrote:katatonia, many congratulations, glad it worked out, but then, why not!
Thank You very much john for your help and support , thank you very much everybody, i will back to shortly john with question about AN form if you don't mind.

Thank You and good luck for everybody :)
i got my ILR today by post, and the werid thing that i got my orginal Pass notification for life in the uk back with it, are they normally send it back or they done mistake??
IN AN form if i ticked that i passed the Pass life in the uk to get my settlement do i still need to give this Pass notification for life in the uk?

Thank You

republique
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Re: ILR post &orginal Pass notification for life in the

Post by republique » Thu Aug 07, 2008 10:20 pm

katatonia wrote:
katatonia wrote:
John wrote:katatonia, many congratulations, glad it worked out, but then, why not!
Thank You very much john for your help and support , thank you very much everybody, i will back to shortly john with question about AN form if you don't mind.

Thank You and good luck for everybody :)
i got my ILR today by post, and the werid thing that i got my orginal Pass notification for life in the uk back with it, are they normally send it back or they done mistake??
IN AN form if i ticked that i passed the Pass life in the uk to get my settlement do i still need to give this Pass notification for life in the uk?

Thank You
you ask this in another post,
thanks for double posting

minerva
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Post by minerva » Fri Aug 15, 2008 8:11 am

I still have not received my ILR, and it will be 14 weeks next week.

I am not sure what the problem was as
**I'm not an overstayer and never have been
**I've always had proper visas with no gaps (2 academic visas and then a spouse visa)
**I have no criminal record, never had a civic judgment
**as a previous post indicated, we had a lot of evidence we lived together
**we have both lived at the same address for two years (except for four weeks when we were on honeymoon and then moving into our house from our separate residences in the UK--even during the two weeks we were moving, we saw each other each week to coordinate the move) Our evidence starts in July 2006 and went to May 2008.
** we have enough money
**we never claimed any benefits
**I didn't overuse the NHS (I've been to the surgery once to register and once for a checkup in the four years I've been here)
** I've filed taxes properly (both US and UK)
**I passed the Life in the UK test
**I paid the proper fee and applied in the 28 days timeframe.
**I've been continuously in the UK except for 2, 2-week holidays for a total of one month holiday in two years.

I wrote the home office in mid-July to ask if they needed any more documentation, including my expired passport with the academic visas, and I also mentioned I had been on holiday with my husband (In the UK obviously) from June 14 until June 30, including the Royal Mail keepsafe letter for holding our mail during that time, which was addressed to both of us. I did that as I thought if something was lost in the mail or the visa was sent when were were on holiday and returned to them they would know why.

After the 14 weeks, I know I have the right to call the Home Office, but I have heard it is a waste of time. They just tell you the application is under consideration without bothering to look it up. So, experts out there, I would appreciate knowing the next procedure. I believe it is:

1. Writing the Home Office to enquire the status of my application. I believe they have 20 working days to respond under terms of the Freedom of Information Act

2. If no visa, then going to our MPs surgery with my husband, and getting him to write a letter on our behalf. Then we wait another 20 days after that.

3. Then if still no visa, getting in touch with the Parliamentary Ombudsman, and having them write a letter which I believe forces the Home Office to make a decision.

4. If the answer is no, get a solicitor and make an appeal.

Is this the right procedure?

For pete's sake, I've been asked to give a lecture to the Royal Society about my research work in November as they just gave me a grant for my next book, and now I don't even know if I will get to be here to do the work. Would sending the letter of invitation from the Royal Society jumpstart the Home Office into looking at my file, or does it make no material difference?

Suggestions appreciated.

John
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Post by John » Fri Aug 15, 2008 9:44 am

minerva wrote:Suggestions appreciated.
Yes I have a suggestion! Be patient ..... even the staff working for UKBA are allowed annual holidays ... and it is not unusual for processing times to go up a bit at this time of the year.

And also appreciate that if you submitted your visa application before the expiry of your old visa, that old visa is "treated as continuing", even if the expiry date has passed. You are not an overstayer .... you still have a valid visa! :) Accordingly :-
I've been asked to give a lecture to the Royal Society about my research work in November as they just gave me a grant for my next book
-: is not an issue ... you have a valid visa .... but I suspect that you will get your ILR well before November anyway.
John

minerva
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thanks john

Post by minerva » Fri Aug 15, 2008 2:15 pm

Ok, that makes me breathe easier. I did call the Home Office this morning, and they just said the application was undergoing further consideration. They didn't say why nor could they give a timeline, but I know they can't tell you on the phone anyhow; I did get the since that the lady I talked to found it all a bit amusing, which was strange. At least I know the ILR wasn't lost in the post or something daft.

When I give (hopefully!) the lecture in November, it will be pod cast, and I'll send you the link. :D

And, at the end of it all, I guess the worst that could happen if the Home Office comes up with some excuse for not letting me stay is I'll go back to the US, stay with my dad a while, and find a job and a flat, and then husband will accompany me after 6-8 months waiting for his US green card. I suspect the US might want a cambridge-trained engineer, but then again, I thought the UK might want a Ph.D. Seems not to make a lot of difference :lol:

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Post by John » Fri Aug 15, 2008 2:54 pm

minerva, in reality, given the evidence supplied in support of the application that you mention, it really is just a question of being patient .... and then your ILR will arrive.

That is, in respect of spouse applications, ILR applications only get refused if insufficient supporting evidence is supplied. And even in the unlikely event of a refusal being issued, you would have the ability to appeal, and remain in the UK until the appeal is heard. And yes, your spouse visa would be "treated as continuing until after the appeal was heard.
John

minerva
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thank you again

Post by minerva » Fri Aug 15, 2008 3:54 pm

Ok, well, we'll have to see what happens then. I'm a historian of science/medicine, and I was trained to think things were fairly logical--if x happens, y will occur. Then again there are "accidents of nature," that affect results of an experiment, and perhaps this is what this delay is--"an accident of nature"--e.g. holiday season or caseworker on maternity leave. That's why Galileo did all his thought experiments about free fall acceleration in a perfect environment without any friction...and in real life, there will be friction to mess with your results! Immigration stuff seems to have a lot of friction/accidents :P

Anyhow, John, you've been most kind, and I really appreciate that. I really do love the UK, having spend most of my life learning its history, and any possibility of having to leave the country and my dear husband are very painful. It wasn't until my late 30s I met him, and I'd waited an awfully long time for the right person. I'm also probably a bit oversensitive, and that is probably why I've reacted as I have. Thank you for your forbearance with me, and I'll try not to importune you any more until November or so.

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Post by John » Fri Aug 15, 2008 4:15 pm

Thank you for your forbearance with me, and I'll try not to importune you any more until November or so.
I doubt that! Why? I expect you to get your ILR well before November! Please post when you do.
I was trained to think things were fairly logical--if x happens, y will occur
Exactly! x = People take annual holidays ...... y = it takes longer for applications to be dealt with. As simple as that.
John

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Post by princess22 » Sat Aug 16, 2008 5:00 pm

Hey guys

Can I ask when should you apply for ILR from expiry date of visa? (my hubby just got his visa in april 08 but want to know well in advance)

Thanks

John
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Post by John » Sat Aug 16, 2008 7:36 pm

princess22, can you post the exact dates please .... date the current visa expires ... date he first entered the UK using that visa?
John

princess22
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Post by princess22 » Mon Aug 18, 2008 11:23 am

Hey John

My hubby's visa valid date is 23/04/2008, he entered UK on the 8th of May 08, the visa expires 23/04/2010.

Thanks!

John
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Post by John » Mon Aug 18, 2008 11:33 am

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.
John

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