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Weird situation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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Omar222
Newbie
Posts: 30
Joined: Tue Jan 12, 2021 10:40 am
Pakistan

ILR(m) submitted

Post by Omar222 » Sat Jul 24, 2021 4:56 am

Hi i have already submitted my application on 11 june
But i wonder is it possible that I pay for priority service now and get a decision
Is there any possibility for that
Thanks

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: ILR(m) submitted

Post by CR001 » Sat Jul 24, 2021 6:19 am

Have you attended the biometric appointment?

If yes, then no, you cannot change or upgrade to a faster service.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Omar222
Newbie
Posts: 30
Joined: Tue Jan 12, 2021 10:40 am
Pakistan

Weird situation

Post by Omar222 » Mon Aug 16, 2021 3:41 am

Hi
My situation is really awkward
I came here in dec 2015
So I completed my 5 years on spouse visa
My husband is British citizen and we got two children
We applied for naturalisation by mistake in dec 2020 before leave to remain which was refused and i got the decision on 8th of june and during this period my BRp expired
That was a terrible mistake we have done because of wrong guidance
Then we have contacted to solicitor and applied for my leave to remain application on the 11th of june
I m really scared
I dont know what will be the outcome
Can anyone help in this situation
I am hell depressed

Omar222
Newbie
Posts: 30
Joined: Tue Jan 12, 2021 10:40 am
Pakistan

Re: Weird situation

Post by Omar222 » Mon Aug 16, 2021 3:42 am

Indefinite leave to remain *

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zimba
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United Kingdom

Re: Weird situation

Post by zimba » Mon Aug 16, 2021 4:22 pm

A nationality application is NOT an immigration application and so it is NOT related to the immigration rules. I assume you have been overstaying since your visa expiry and so your continuous residence is broken. You will not qualify for ILR in that situation and very likely be offered a new family visa and you must complete the ILR qualifying period (5 years) from scratch. When did your visa expire?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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CR001
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Location: London
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South Africa

Re: Weird situation

Post by CR001 » Mon Aug 16, 2021 4:25 pm

Zimba wrote:
Mon Aug 16, 2021 4:22 pm
A nationality application is NOT an immigration application and so it is NOT related to the immigration rules. I assume you have been overstaying since your visa expiry and so your continuous residence is broken. You will not qualify for ILR in that situation and very likely be offered a new family visa and you must complete the 5 years for ILR from scratch. When did your visa expire?
Visa expired in March, see link below about citizenship refusal.

british-citizenship/refusal-of-naturali ... l#p2014679
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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zimba
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Posts: 21779
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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Re: Weird situation

Post by zimba » Mon Aug 16, 2021 4:25 pm

CR001 wrote:
Mon Aug 16, 2021 4:25 pm
Zimba wrote:
Mon Aug 16, 2021 4:22 pm
A nationality application is NOT an immigration application and so it is NOT related to the immigration rules. I assume you have been overstaying since your visa expiry and so your continuous residence is broken. You will not qualify for ILR in that situation and very likely be offered a new family visa and you must complete the 5 years for ILR from scratch. When did your visa expire?
Visa expired in March, see link below about citizenship refusal.

british-citizenship/refusal-of-naturali ... l#p2014679
Then ILR cannot be granted and a new visa will be offered
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Omar222
Newbie
Posts: 30
Joined: Tue Jan 12, 2021 10:40 am
Pakistan

Re: Weird situation

Post by Omar222 » Tue Aug 17, 2021 1:45 am

My leave to enter expired in march 2021
But my naturalisation application was already in home office

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CR001
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Location: London
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South Africa

Re: Weird situation

Post by CR001 » Tue Aug 17, 2021 7:16 am

Omar222 wrote:
Tue Aug 17, 2021 1:45 am
My leave to enter expired in march 2021
But my naturalisation application was already in home office
It makes no difference if you had an application for naturalisation with HO. When your visa expired, you became an overstayer. Having a naturalisation application in process does NOT extend your visa conditions or right to reside. Naturalisation is not an immigration application.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vinny
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Re: Weird situation

Post by vinny » Tue Aug 17, 2021 8:07 am

Omar222 wrote:
Mon Aug 16, 2021 3:41 am
That was a terrible mistake we have done because of wrong guidance
Who gave you the wrong Guidance? Why were you so sure that you had ILR?
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.
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