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ILR under october 2004 amnesty

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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ad21
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Posts: 2
Joined: Mon Oct 17, 2005 5:47 pm

ILR under october 2004 amnesty

Post by ad21 » Mon Oct 17, 2005 6:16 pm

Hi
first of all Thx for great supporting board. My question is based on three parts if someone please answer me it would be great help.
My whole family have been granted ILR under family concession for asylum seeking families ( Amnesty before october 2004 ).

MY first question is

We have recieved the letters for ILR but did`nt recieved our old passports back( Passports are already expired ) . How can we get them back and will it going to cost me for endorwsing or transfering ILR stamp on the new passport. If yes than how much?

Second Question

When we are entitled for british citzen ship as we have been granted our stay last month but we are in the country from last 8 years on Asylum.

Third Question

We still fear from going back home even after get ILR. So is their anyway My son can call her finace here without going back and if there is how much this going to cost as he himself is working and regular tax payer

thankyou for your time

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon Oct 17, 2005 6:48 pm

Using your numbering :-
  1. I don't think you need to get the old passport back. I think if you merely supply the documentation from IND confirming the ILR, and the new passport, an ILR sticker will be put into that new passport. Cost? £160 by post or £500 in person at a PEO.
  2. Can you give more detail about your immigration status during those eight years?
  3. If you son has ILR then he is said to be "settled" in the UK. It is therefore possible for his fiancée to apply for a fiancée visa, then if that is granted, move to the UK for the marriage to take place in the UK during the six months validity of the fiancée visa. After that UK marriage she would apply for a spouse visa in the UK. But all this begs a question .... and sorry I need to ask this ... has your son met his fiancée? If so, can I ask when? And what country does the fiancée live in at the moment? If the fiancée visa is applied for the cost of application is £260, or rather a defined equivalent of that payable in local currency in the country of application.
John

ad21
Newly Registered
Posts: 2
Joined: Mon Oct 17, 2005 5:47 pm

Re- ILR amensty question

Post by ad21 » Mon Oct 17, 2005 7:54 pm

Thx for coming back so quick.
The problem is i can`t make new passport as my Embassy ask for my old passport.( Home office is holding our passport after granted ILR ).

I was living as Asylum seeker with my family but we been refused on early stages but never spend illegal time from day one as my application was always outstanding in home office ( Rejected) than Adjoucator (Rejected ) than family tribunal ( Rejected ) Appeal against descision in court

Our ethenic origin is pakistan my son was 17 when he came to the country yes he has been granted ILR as well and now he is 25 and his fiancée is pakistani national as they used to like each other from child hood. she was 14 and now 20-21 in age. In last 8 years they were always in contact on internet and telephone and through post. As i mentioned early even after getting ILR we still feared if we go back even for visit it could cause my family a lot of trouble. So is there any easy wasy which he can satisfy home office about the situation and how long this process can take. please, your guidance would be great help thx.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon Oct 17, 2005 10:36 pm

Hi, as regards the passports, you can understand the position of the Pakistani High Commission .... that is, we shall not issue a valid Pakistani passport unless you can prove you are Pakistani.

Have you been in touch with your MP? Asking him/her to apply pressure on the Home Office to release the old passports? Or at least provide photocopies of them that might be sufficient to the PHC?

As regards possible claims for British Citizenship you will appreciate that it is necessary not to have been an "illegal" at any time during the five-year qualifying period. I shall let others comments upon whether you are OK on that point. When did you and your family get your ILR? It is of course a further requirement that ILR needs to have been held for at least 12 months.

As regards your son, as already said, as he has ILR he is considered "settled" in the UK. And now you confirm that he and his fiancée have met, otherwise that might have been a problem. So I think a good read is needed of the VAF2 application form which would need to be submitted, and also Guidance - Husbands, wives and partners (INF 4), and don't be put off by the title .... it also covers fiancées. Those documents will give a better idea of what is involved in making the application. Note in particular that a fiancée visa is granted with the specific idea of the person coming to the UK and the marriage taking place within the six month period of validity of the fiancée visa.
John

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