ILR Prep

[tiN]

Hello there,

Just a quick question, how long did you prepare to apply for the ILR?:Erm:

My visa is running out on February and still not preparing the Docs that I need..

Im getting all my self to workout because of the visa.:NoNo::NoNo:

[Mrs Daddy]

dont worry tin same as me my visa runs out on january and same as you am not prepared yet.but try to be ready two weeks before your visa finish.hope that helps:)

[tiN]

dont worry tin same as me my visa runs out on january and same as you am not prepared yet.but try to be ready two weeks before your visa finish.hope that helps:)

Thanks Mrs. Daddy,:)

[andypaul]

Like Mrs Daddy writes your be ok.

But if you have spare time now start sorting though the papers. Once you know its sorted your not be so worried.

[singkit]

Hi there, may I know what happened if you applied for visa AFTER your current visa expired? Will you be sent home or you will pay for the penalty? How much? Thanks.

[andypaul]

If your visa expires you could be in theory deported. With out a good reason they may not let you reapply.

Others will know the full details.

[singkit]

If your visa expires you could be in theory deported. With out a good reason they may not let you reapply.

Others will know the full details.

Will deportation also apply to a spouse visa who run out her/his leave to remain visa.:doh

[andypaul]

Will deportation also apply to a spouse visa who run out her/his leave to remain visa.:doh

Before you panic let others who have more knowledge on the subject write in.

You can ask for FLR i think if the amount of money is to much or the evidence is not comlete enough.

Wheres joe when you need him?

Come on joe get posting Sir.

[joebloggs]

Hi there, may I know what happened if you applied for visa AFTER your current visa expired? Will you be sent home or you will pay for the penalty? How much? Thanks.

you should always apply for a visa b4 your old one expires :NoNo:

AND

3.1. Out of time applications
It is not possible under Section 3(3) of the 1971 Act to vary the leave of a person who has overstayed, because he has no leave to vary. The Rules make no provision for the grant of leave to remain to an overstayer and therefore any such decision must involve the exercise of discretion outside the Rules. An overstayer has no right of appeal against a refusal to grant leave to remain and a formal notice of refusal is therefore not required under the Notices Regulations. However, notice is usually given on form RON 110 or RON 111.

The wording of such a notice is still important because it can become an issue at the deportation stage or be the subject of MP's representations or judicial review. The relevant wording contained in the refusal formulae may be used to explain why discretion outside the Rules has not been exercised, but if the overstaying itself is the reason for refusal it will be appropriate to say no more than: "... but in view of the fact that you have remained in the United Kingdom without leave since ....(date), the Secretary of State is not prepared to exercise his discretion to grant you leave to remain in your favour. The Secretary of State therefore refuses your application."

so i would have thought it would depend on the case worker, what type of visa it was, the reason why you didn't apply in time, how late your app was, what would happen :Erm:, you would get you visa or maybe at worse told to leave, and apply for a settlement visa again :doh

[joebloggs]

Before you panic let others who have more knowledge on the subject write in.

You can ask for FLR i think if the amount of money is to much or the evidence is not comlete enough.

Wheres joe when you need him?

Come on joe get posting Sir.

paying my bills, kids lunch money, kids after skool club, child minder, babies nappies, :doh i'm broke again :bigcry:

[darren-b]

Will deportation also apply to a spouse visa who run out her/his leave to remain visa.:doh

Yes a spouse can be deported. I know of someone who would deported because they applied for ILR after their FLR had expired.

[tiN]

:dohI wish my ILR will be granted, I didnt know if it is a good thing to gamble applying for ILR, or just to apply for FLR again:NoNo::NoNo:

[darren-b]

:dohI wish my ILR will be granted, I didnt know if it is a good thing to gamble applying for ILR, or just to apply for FLR again:NoNo::NoNo:

Even if you apply for FLR again you still need the same evidence.

"We need 6 letters or other documents addressed to you jointly or in both your names. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you. The dates of the letters or documents should spread over the whole 2 years. They should be from at least 3 different sources."

The only reasons for applying for FLR instead of ILR are:

1) you delayed your journey by more than 3 months (doesn't apply for people who came to the UK on a fiancee visa)
2) you haven't pass the Life in the UK test
3) there are issues with your relationship with your partner

Your best bet is to try and find as much as evidence as you can, and make sure that you've got good evidence for the next couple of months to use when you do apply.

[tiN]

Even if you apply for FLR again you still need the same evidence.

"We need 6 letters or other documents addressed to you jointly or in both your names. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you. The dates of the letters or documents should spread over the whole 2 years. They should be from at least 3 different sources."

The only reasons for applying for FLR instead of ILR are:

1) you delayed your journey by more than 3 months (doesn't apply for people who came to the UK on a fiancee visa)
2) you haven't pass the Life in the UK test
3) there are issues with your relationship with your partner

Your best bet is to try and find as much as evidence as you can, and make sure that you've got good evidence for the next couple of months to use when you do apply.

:NoNo:just crossed my finger for everything:NoNo::NoNo:

[Jay&Zobel]

THANKS FOR ALL THE INFO...

Mine will expire in March! I still haven't had the chance to review for the exams! Too lazy hehe... Might do it soon though!

[andypaul]

:NoNo:just crossed my finger for everything:NoNo::NoNo:


Your be fine mam. Dont forget hubby needs to help you.

Also we are all here to help. We all worried it wouldn't be ok and we had 20 pieces of evidence to find now its just 6 pieces. So far more easier:xxgrinning--00xx3:

[tiN]

Your be fine mam. Dont forget hubby needs to help you.

Also we are all here to help. We all worried it wouldn't be ok and we had 20 pieces of evidence to find now its just 6 pieces. So far more easier:xxgrinning--00xx3:

Thank you mr andypaul:)

[andypaul]

paying my bills, kids lunch money, kids after skool club, child minder, babies nappies, :doh i'm broke again :bigcry:

So what was the butler doing?

[joebloggs]

So what was the butler doing?

cleaning up little joe's projectile vomit :vomit-smiley-011:

:NoNo:

like a scouser it gets everywhere :bigcry:

[singkit]

Yes a spouse can be deported. I know of someone who would deported because they applied for ILR after their FLR had expired.

My friend was advised to either get a solicitor or go home and re-apply for a settlement visa:doh She chose getting advice from a lawyer but did she make a right decision there? I heard some takes 2 years and the case still not resolved. Going back home and applying for another settlement visa maybe a disaster aside from paying the plane ticket there and back, visa fee, and the horror of waiting if the visa will be approved or not due to overstay record. Which is a better choice? :Erm:

[darren-b]

My friend was advised to either get a solicitor or go home and re-apply for a settlement visa:doh She chose getting advice from a lawyer but did she make a right decision there? I heard some takes 2 years and the case still not resolved. Going back home and applying for another settlement visa maybe a disaster aside from paying the plane ticket there and back, visa fee, and the horror of waiting if the visa will be approved or not due to overstay record. Which is a better choice? :Erm:

If you get deported you only have to pay for the flight back to the UK, as the UK tax payer pays for a one way flight to your home country.

If the appeal is going to take a couple of years I would have thought the short term hassle of being deported would be the best bet. Especially as I think the new visa application is unlikely to be refused.

[singkit]

If you get deported you only have to pay for the flight back to the UK, as the UK tax payer pays for a one way flight to your home country.

If the appeal is going to take a couple of years I would have thought the short term hassle of being deported would be the best bet. Especially as I think the new visa application is unlikely to be refused.

If the spouse gets deported, can she/he file the settlement visa straight away or should she/he wait for a certain time before she /he can file another visa?

[darren-b]

If the spouse gets deported, can she/he file the settlement visa straight away or should she/he wait for a certain time before she /he can file another visa?

I think they can apply for a settlement visa straightaway.

[singkit]

I think they can apply for a settlement visa straightaway.

Thanks Darren. Think I can play genius to my friend if I tell these all to her:icon_lol::icon_lol: Oh, I love this site so much. It's not just fun but more friends to lean on too.:BouncyHappy:

[joebloggs]

If you get deported you only have to pay for the flight back to the UK, as the UK tax payer pays for a one way flight to your home country.

:yikes: the last thing you want is to get a deportation notice and be deported, and even worse the tax payer paying for it :NoNo:, she could face a ban from coming to the uk for a while if that happens, even thou the bans are not mandatory for a spouse, but if she waits til the gov deports her, i would have thought she could well face a ban.

if she applies for her visa and its refused, i think she will be given 28 days to leave the country, she could then leave within that time and pay for her own flight, and apply for a spouse visa again(a chance she could still face a ban but not as long if she goes back b4 a notice is served)

but if she has heard nothing from the home office, it might be better she goes back to the phils asap and just apply for a new spouse visa, if she is not stopped on exit at the airport (small chance) the HO will not know she has overstayed, unless they can be bothered to check the stamp on when she arrived back in the phils :D but a good chance she will not risk facing any ban.

thou she is better getting free legal advice b4 she does anything and makes a big mistake :NoNo:

she should contact someone like her local law centre and speak to a immigration solicitor for free and look at what options she has. but like i said b4 why didn't she apply for a visa b4 it expired, how long has it expired, etc need looking into


http://www.lawcentres.org.uk/lawcentres/

[darren-b]

:yikes: the last thing you want is to get a deportation notice and be deported, and even worse the tax payer paying for it :NoNo:, she could face a ban from coming to the uk for a while if that happens, even thou the bans are not mandatory for a spouse, but if she waits til the gov deports her, i would have thought she could well face a ban.

if she applies for her visa and its refused, i think she will be given 28 days to leave the country, she could then leave within that time and pay for her own flight, and apply for a spouse visa again(a chance she could still face a ban but not as long if she goes back b4 a notice is served)

but if she has heard nothing from the home office, it might be better she goes back to the phils asap and just apply for a new spouse visa, if she is not stopped on exit at the airport (small chance) the HO will not know she has overstayed, unless they can be bothered to check the stamp on when she arrived back in the phils :D but a good chance she will not risk facing any ban.

thou she is better getting free legal advice b4 she does anything and makes a big mistake :NoNo:

she should contact someone like her local law centre and speak to a immigration solicitor for free and look at what options she has. but like i said b4 why didn't she apply for a visa b4 it expired, how long has it expired, etc need looking into


http://www.lawcentres.org.uk/lawcentres/

I did read the rules a while back and I'm sure spouses cannot be banned in the same way.

All I am saying is that if someone got as far as either having the option of a two year appeal process to get a visa or being deported and quickly returning then maybe the deportation would be the better option as either way you've messed up your immigration history.

As I said previously I'm aware of someone who was deported and is just re-applying for a visa to get back into the UK, if they are not back quickly then maybe it wasn't the best option...

[joebloggs]

yes i think spouses can be banned, thou they did change it for spouses, so its not a mandatory ban. more chance of a ban thou if she had committed something like fraud or deception thou.:Erm:

we've not been told why she didn't apply in time, maybe she has a valid reason :Erm:

[singkit]

we've not been told why she didn't apply in time, maybe she has a valid reason :Erm:

She misread the visa expired 12-11-08 as december 10 instead of november 12 2008. Is that a valid reason? Because that's the truth ...a genuine mistake. We usually read dates in the Philippines as month first/day second/and then year. Poor fellah :doh

[IainBusby]

She misread the visa expired 12-11-08 as december 10 instead of november 12 2008. Is that a valid reason? Because that's the truth ...a genuine mistake. We usually read dates in the Philippines as month first/day second/and then year. Poor fellah :doh

I think that would be a good enough reason to ask for their understanding if she applies right away and includes a letter explaining the reason, but then again, I'm not some nitpicking, jobsworth, penpushing civil servant.
Iain.

[andypaul]

Was i not reading on here that due to the changes in visas length is now 27 months that for some ilr applicants they were giving extra time.

[joebloggs]

Was i not reading on here that due to the changes in visas length is now 27 months that for some ilr applicants they were giving extra time.

the difference is her visa has expired already andy !, but seeing its only a week, if i was her i would apply for it now, and write a short note, saying she thought her visa expired in dec not nov, and hope for the best :rolleyes:

she should get legal advice tomoz. don't leave it any later..

was she here on a 2yr spouse visa or a fiancée visa ? was she applying for ilr ? has she passed the 'life in uk' test ?

[singkit]

the difference is her visa has expired already andy !, but seeing its only a week, if i was her i would apply for it now, and write a short note, saying she thought her visa expired in dec not nov, and hope for the best :rolleyes:

she should get legal advice tomoz. don't leave it any later..

was she here on a 2yr spouse visa or a fiancée visa ? was she applying for ilr ? has she passed the 'life in uk' test ?

Yes, Joe. She's here on a spouse visa, applying for ILR and passed the life in the UK test even before her 'true' visa expires.

Yes, she got free legal aid now. However, someone from Immigration Group advised her to leave the country and re-apply. Also told she can file ILR now and, just like what you said, with the covering letter explaining the error. But the final result, will be under the discretion of the caseworker handling her application. So, no guarantee if this will be a success.

Now she's confused because the paralegal advised them not to file and said it's best they will handle the case. She was also warned not to tell details of her case from any representative of HO, Entry Clearance Officer, or the Immigration Judge, but should instead refer to them (paralegal). Why is that? :Erm:

It's been one week, the legal has not contacted them since. She is worried her overtaying will further up to more days or maybe months. Any opinion/advice?

[singkit]

FYI, the new forms for both FLR and ILR are out on its ukba websites.

FLR
If you are making your application before 24 November 2008, you must use version 08/2008of the form. If you are making your application on or after 25 November 2008, you must use the new version (version 11/2008cted , there are new policy to look into for the new applicants. Compulsory identity card is applied to husbands, wives, civil partners, and unmarried or same-sex partners of permanent residents who successfully apply on form FLR(M) and will be among the first to be issued with cards under our scheme to introduce compulsory identity cards for foreign nationals.

SET(M)
If you are making your application before 27 November 2008, you must use version 06/2008 of the form. If you are making your application on or after 27 November 2008, you must use the new version (version 11/2008).

[joebloggs]

Now she's confused because the paralegal advised them not to file and said it's best they will handle the case. She was also warned not to tell details of her case from any representative of HO, Entry Clearance Officer, or the Immigration Judge, but should instead refer to them (paralegal). Why is that? :Erm:



who does the paralegal work for ? is it a charity or a private company ?

your friend is running out of time, the longer she leaves applying for her ILR the greater chance of refusal..

she needs to contact a few places and see what each one says, and maybe go for the one that gets most recommendations :xxgrinning--00xx3:

try Citizens Advice Bureau, her local law centres ( phone a couple near her, see if they agree what's best for her to do) and the Immigration Advisory Service (IAS).

[andypaul]

Like Joe says ask as many people as you can.

Also ring up uk visas with false name etc see what the official line is.

[singkit]

who does the paralegal work for ? is it a charity or a private company ?

your friend is running out of time, the longer she leaves applying for her ILR the greater chance of refusal..

she needs to contact a few places and see what each one says, and maybe go for the one that gets most recommendations :xxgrinning--00xx3:

try Citizens Advice Bureau, her local law centres ( phone a couple near her, see if they agree what's best for her to do) and the Immigration Advisory Service (IAS).

I told the same to her, the longer she leaves applying for her ILR the greater chance of refusal. Surprisingly, paralegal was from IAS (Immigration Advisory Service). Is that safe or what?

[joebloggs]

I told the same to her, the longer she leaves applying for her ILR the greater chance of refusal. Surprisingly, paralegal was from IAS (Immigration Advisory Service). Is that safe or what?

all the visa's I've applied for, I've always got a 2cnd and 3rd opinion, because if you don't you might find out later that person was giving you the wrong advice.

as i found out when some one from a law centre told me something that was completely wrong, but luckily i found someone who did know what they were talking about :xxgrinning--00xx3: