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Backdated ILR

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

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vian29
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Joined: Sun Jun 19, 2011 4:34 pm

Backdated ILR

Post by vian29 » Tue Jun 28, 2011 4:02 pm

Hi, following a successful application my ILR was backdated to Jan 2010, I had a son born in March 2010, does he still need to be registered or can I apply for a passport for him, because the backdating means that when he was born I was already settled....

vinny
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Post by vinny » Tue Jun 28, 2011 5:20 pm

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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vian29
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Posts: 12
Joined: Sun Jun 19, 2011 4:34 pm

Post by vian29 » Tue Jun 28, 2011 8:11 pm

vinny wrote:Passport.
Hi vinny, so if I go ahead and apply for a passport for him, will they have a record that my ILR was backdated?

Also I have another question, I have just read through the guidance form for naturalisation and I'm worried that I may not qualify and this is why...
I initially came into the UK in sept 2002 on a student visa, after my studies I applied for Hsmp and was granted in Jan 2006, when I applied for an extension in Jan 2007, my application was rejected because the ruled had changed and I did not qualify under the new rules, I appealed but my appeal was denied and I had to leave the country in June of 2007. I however came back in may 2008 on a spousal dependant visa and last week was granted ILR which was backdated to last year on the basis of the judicial review...

Do I qualify for citizenship, since I was out of the country from June 2007 to may 2008? Will they consider my absence as extenuating circumstances in light of the hsmp forum review??? I do not want to throw away good money if it is unlikely that I will get it because of this absence....

I would appreciate any suggestions.....

Thanks

John
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Location: Birmingham, England
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Post by John » Tue Jun 28, 2011 8:19 pm

vian29, as regards Naturalisation application, the rules are no different for you as for anyone else.

So how many days have you been out of the UK in the last 5 years?

The backdating of the ILR? So how does that show up? The date printed on the visa?
John

vian29
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Posts: 12
Joined: Sun Jun 19, 2011 4:34 pm

Post by vian29 » Tue Jun 28, 2011 9:31 pm

John wrote:vian29, as regards Naturalisation application, the rules are no different for you as for anyone else.

So how many days have you been out of the UK in the last 5 years?

The backdating of the ILR? So how does that show up? The date printed on the visa?
Vinny, there is a separate letter that shows the backdating, the actual stamp cannot be backdated.

I was out from the period 10th June 2007 to 30th may 2008, before then I had been out on vacation at different points but no more than 60days In total...

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