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Topic: ILR Advice Required Please  (Read 5464 times)

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Re: ILR Advice Required Please
« Reply #30 on: July 30, 2021, 08:45:45 AM »
Morning   just puzzled on one of the questions on the application

"What are your other reasons for wanting to stay in the UK" 

We have answered to live with her husband in our only home and be close to my family...

It then asks for documents to support this.     Unsre what sort of documents to provide? to support this request  any clues appreciated.

thank you


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Re: ILR Advice Required Please
« Reply #31 on: July 30, 2021, 11:28:46 AM »
Morning   just puzzled on one of the questions on the application

"What are your other reasons for wanting to stay in the UK" 

We have answered to live with her husband in our only home and be close to my family...

It then asks for documents to support this.     Unsre what sort of documents to provide? to support this request  any clues appreciated.

thank you

The online form is really awful in my opinion - they leave out all the guidance and details that used be in the paper form. When I filled out my SET(M) online in 2019 I used the paper form as a guide for the ambiguous questions. For this particular question the paper form says

Quote
DUTY TO STATE ALL REASONS TO REMAIN IN THE UNITED KINGDOM
All your reasons or grounds for wishing to stay in the United Kingdom must be
stated in this application. This requirement is being given under section 120 of the
Nationality, Immigration and Asylum Act 2002. If you do not tell us now of any reasons
or grounds for remaining in the United Kingdom and you tell us later without good
reason, you will lose any right of appeal you may have otherwise qualified for if we
refuse your claim. You can use the box at section 8D.

A section 120 claim I believe is related to human rights/protection claim for asylum. IANAL but I wouldn't worry about this too much unless you don't qualify for the SET(M) normally - and in which case, you should definitely seek an immigration lawyer for the details around it.

In my own application, I simply stated that my family is financially dependent on me and if I was denied entry it would have a significant negative impact on them. I didn't provide any evidence or anything, I just put that in "in case", and reckoned the home office would ask me for evidence if they needed it.


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Re: ILR Advice Required Please
« Reply #32 on: July 30, 2021, 12:08:01 PM »
Morning   just puzzled on one of the questions on the application

"What are your other reasons for wanting to stay in the UK" 

We have answered to live with her husband in our only home and be close to my family...

It then asks for documents to support this.     Unsre what sort of documents to provide? to support this request  any clues appreciated.

thank you
Yeah, they will only look at your answer to this question if your visa falls for refusal and they have to look at whether you qualify to be put on the 10-year path to ILR under Article 8: Right to Family Life in the UK.

So, just list any reasons you have for wanting to stay in the UK (essentially, how your life might be negatively affected if you couldn’t stay the UK).

You don’t need to provide any supporting documents unless you have any UK citizen children living in the UK, in which case you have to provide the following documents:
- each child’s passport
- each child’s birth certificate
- a letter for each child dated in the last 3 months confirming their address (i.e. from their school or GP).


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Re: ILR Advice Required Please
« Reply #33 on: July 30, 2021, 01:11:53 PM »
Thanks both,  we will continue to complete the form :-)


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Re: ILR Advice Required Please
« Reply #34 on: August 18, 2021, 05:03:18 PM »
All forms uploaded.

We paid the extra £800 for a fast response,  on booking the appointment we had to then pay another £100+ on top of that, all the offices / slots we looked at had charges! so not sure what that is on top of the £100

Anyway my query is that my wife has jsut recieved an email saying the the full bio data & observation pages are uploaded in one image togtehter from her passport.    We cant see anywhere that states observations?    any clues?

Thank you


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Re: ILR Advice Required Please
« Reply #35 on: August 20, 2021, 11:18:02 AM »
My wife has today been to the appointment to go through her application / documents.     Does anyone know how long it takes to get a response now on the application?  I seem to remember from the previous application nearly 3 years ago it was pretty quick..


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Re: ILR Advice Required Please
« Reply #36 on: August 20, 2021, 11:29:42 AM »
My wife has today been to the appointment to go through her application / documents.     Does anyone know how long it takes to get a response now on the application?  I seem to remember from the previous application nearly 3 years ago it was pretty quick..

If she paid the £800 for Super Priority processing, she should get a decision within 24 hours of the appointment.

Some people have received their decision within about 5 or 6 hours of the appointment, and some within the 24 hours, though for appointments on the weekend, it can take until the next working day (i.e. Monday) for a decision.


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Re: ILR Advice Required Please
« Reply #37 on: August 20, 2021, 11:31:33 AM »
Thank you,  yes we paid the £800  so fingers crossed its good news ove rthe next few days!!!  what actually happens if they say No,  do I need to ship her off to the airport and wave good bye? :-)


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Re: ILR Advice Required Please
« Reply #38 on: August 20, 2021, 11:40:57 AM »
Thank you,  yes we paid the £800  so fingers crossed its good news ove rthe next few days!!!  what actually happens if they say No,  do I need to ship her off to the airport and wave good bye? :-)

It's unlikely it will be a refusal, but if it is, first they will look to see if she qualifies to be put on the 10-year path to ILR instead (which is where they will look at her answers to the questions about social ties/family/friends in the US, and reasons for wanting to stay in the UK), and if she does, she will be issued with a 2-5-year FLR(FP) visa instead of ILR.

If she does not qualify for the 10-year path, she will be given 14 days to either:
- reapply for ILR, correcting the reason for refusal
- appeal the visa decision
- leave the UK and return to her home country


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Re: ILR Advice Required Please
« Reply #39 on: August 20, 2021, 02:00:57 PM »
Thanks everyone for the advice on this thread.    Approval just arrived.....

So now she has ILR, what are the real benefits of that now,  mainly that she doesnt have to keep renewing every few years? and in theory she can claim benefits etc?


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Re: ILR Advice Required Please
« Reply #40 on: August 20, 2021, 02:12:05 PM »
Thanks everyone for the advice on this thread.    Approval just arrived.....

So now she has ILR, what are the real benefits of that now,  mainly that she doesnt have to keep renewing every few years? and in theory she can claim benefits etc?

- She doesn't have to worry about renewals (though her BRP probably will need a renewal in a couple of years, as they were all set to expire in 2024, I believe?).  But as long as she remains resident in the UK (don't stay out of the UK for more than 2 years), she doesn't have to worry about visa applications ever again.

- She is now able to receive public funds.

- As she is no longer on a limited leave visa, she will have an easier time getting a mortgage and a better rate, if that's an issue.

- She can apply for citizenship, which would give her the added benefits of:
  - the right to vote
  - if she moves away for more than 2 years, she can always move back without going through the visa process again
  - no BRP to worry about losing
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Re: ILR Advice Required Please
« Reply #41 on: August 20, 2021, 03:06:35 PM »
THanks for the response.

British Citizen ship will probably be hard to get as she tends to be in america a good 100 days or so a year with visits to family etc and reading up on the application you cant be out for 90 days in a year, so that just means we need to be careful if we move to america for a while then decide to come back due to the 2 years you mention....

Anyway thats something to worry about in the future I guess!.....


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Re: ILR Advice Required Please
« Reply #42 on: August 20, 2021, 03:24:57 PM »
THanks for the response.

British Citizen ship will probably be hard to get as she tends to be in america a good 100 days or so a year with visits to family etc and reading up on the application you cant be out for 90 days in a year, so that just means we need to be careful if we move to america for a while then decide to come back due to the 2 years you mention....

Anyway thats something to worry about in the future I guess!.....

Not quite, the requirements are:
- she must have been in the UK exactly 3 years prior to her citizenship application date

- she must not have been outside the U.K. for more than 270 days (9 months) in total in the last 3 years with no more than 90 of those 270 days in the final 12 months before applying.

However, there is some leeway with the 270 days... they will usually allow up to 300 days outside the U.K. in the last 3 years if there was a good reason why she had to be out of the U.K. for that length of time.

When working out the number of days, you do not count the day she left the U.K. or the day she returned to the U.K., so if she left on Monday and returned on Friday that only counts as 3 days outside the U.K.

Also, there’s no specified timeline for applying for citizenship so if she happens to be just a bit over the allowed number of days all she has to do is wait to apply until she is under the 270 days (or 300 days) in the last 3 years.


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