Questions about ILR

[mohmmad786]

Hello everyone, I was wondering if you guys could help and give us some advice.

I have to apply for ILR next month and got some questions and would really appreciate your help with them. I got a son who is 7 years old and autistic. I am currently a carer for him and receive carer allowance for him. I have been in this country for around 10 years. My visa of 3 years is finishing on the 14 of june and i am suppose to apply for ILR.

I was wondering if i would still need to apply for life in the uk test? I have tried the home office website but couldnt find any answer on it. I also tried looking for a phone number but to no avail, maybe i am not as good with the computers LOL.

Another thing is that when i put my case in the home office(before i got my 3 years visa) my passport was valid but by the time the home office took the decision my passport expired so they gave me the visa on a piece of paper. I had no plans to travel so did not apply for a new passport(Pakistani passport) and as i was planning to go for the ILR, i went to pakistani embassy on the 17th of April for them to issue me a new passport. Now they are taking 2 months on the URGENT basis to make a new passport. I have applied for an urgent passport but according to them the passport will be deliver 3 days after my visa expire which is on the 17th of june.

I was wondering if i should speak to home office to delay issuing me a visa by 3 days or should i just get the visa on the paper and later on try and put it on the passport. Would i need to get any special papers?

Any help would be greatly appreciated.
Thanks.

[Emrah]

Hello everyone, I was wondering if you guys could help and give us some advice.

I have to apply for ILR next month and got some questions and would really appreciate your help with them. I got a son who is 7 years old and autistic. I am currently a carer for him and receive carer allowance for him. I have been in this country for around 10 years. My visa of 3 years is finishing on the 14 of june and i am suppose to apply for ILR.

I was wondering if i would still need to apply for life in the uk test? I have tried the home office website but couldnt find any answer on it. I also tried looking for a phone number but to no avail, maybe i am not as good with the computers LOL.

Another thing is that when i put my case in the home office(before i got my 3 years visa) my passport was valid but by the time the home office took the decision my passport expired so they gave me the visa on a piece of paper. I had no plans to travel so did not apply for a new passport(Pakistani passport) and as i was planning to go for the ILR, i went to pakistani embassy on the 17th of April for them to issue me a new passport. Now they are taking 2 months on the URGENT basis to make a new passport. I have applied for an urgent passport but according to them the passport will be deliver 3 days after my visa expire which is on the 17th of june.

I was wondering if i should speak to home office to delay issuing me a visa by 3 days or should i just get the visa on the paper and later on try and put it on the passport. Would i need to get any special papers?

Any help would be greatly appreciated.
Thanks.

I think everybody needs to get the life in the uk who are aged between 18-64.

If I was you I would still send the form and documents and write a note that your passport is still progressing and will send them ASAP when you get it.

Never ever leave those kind of things at last minute mate and Pakistani embassy is just lazy to get a new passport in 2 months? That must be a joke.

I hope gurus can help you better than me.

[Amber]

Hello everyone, I was wondering if you guys could help and give us some advice.

I have to apply for ILR next month and got some questions and would really appreciate your help with them. I got a son who is 7 years old and autistic. I am currently a carer for him and receive carer allowance for him. I have been in this country for around 10 years. My visa of 3 years is finishing on the 14 of june and i am suppose to apply for ILR.

I was wondering if i would still need to apply for life in the uk test? I have tried the home office website but couldnt find any answer on it. I also tried looking for a phone number but to no avail, maybe i am not as good with the computers LOL.

Another thing is that when i put my case in the home office(before i got my 3 years visa) my passport was valid but by the time the home office took the decision my passport expired so they gave me the visa on a piece of paper. I had no plans to travel so did not apply for a new passport(Pakistani passport) and as i was planning to go for the ILR, i went to pakistani embassy on the 17th of April for them to issue me a new passport. Now they are taking 2 months on the URGENT basis to make a new passport. I have applied for an urgent passport but according to them the passport will be deliver 3 days after my visa expire which is on the 17th of june.

I was wondering if i should speak to home office to delay issuing me a visa by 3 days or should i just get the visa on the paper and later on try and put it on the passport. Would i need to get any special papers?

Any help would be greatly appreciated.
Thanks.

What is your current visa status? Do you have a bc or settled partner and have you not got a no recourse to public funds attachment?

I'm afraid the only exceptions are are if you are aged 65 or over, or you have a long-term physical or mental condition that prevents you from learning English or being tested on your knowledge of life in the UK. If not, you must take the LIUK test. Buy the new book, read it a few times and you'll be fine.

[MonkeyBusiness]

Pakistani embassy is issuing letters to all with delayed passports "saying that your passport is being delayed because of technical problems "

if you already have an MRP they can stamp and extend the passport for you

just go there between 3-5 pm

[mohmmad786]

What is your current visa status? Do you have a bc or settled partner and have you not got a no recourse to public funds attachment?

I'm afraid the only exceptions are are if you are aged 65 or over, or you have a long-term physical or mental condition that prevents you from learning English or being tested on your knowledge of life in the UK. If not, you must take the LIUK test. Buy the new book, read it a few times and you'll be fine.

My current visa says "Residence Permit" on it and in remarks it says "Limited Leave to remain in UK". I am also claiming carers allowance(your national insurance paid for you) for my son who is disabled.

Pakistani embassy is issuing letters to all with delayed passports "saying that your passport is being delayed because of technical problems "

if you already have an MRP they can stamp and extend the passport for you

just go there between 3-5 pm

Yes i was a bit surprised when i went to pakistani embassy to find out that the normal procedure takes 4 months and it takes 2 months if you want the passprt on the urgent basis. As i have old passport and never made MRP(Machine Readable Passport), they cannot extend the passport and would have to wait for the MRP to come.

[mohmmad786]

I was just speaking to someone and they said that i would only need life in uk test if i was applying for british nationality and i would not need it if i am applying for indefinite visa. This is just so confusing

[Lucapooka]

Someone? Was it your butcher, perhaps, or a person who is actually knowledgeable in immigration matters?

[mohmmad786]

Someone? Was it your butcher, perhaps, or a person who is actually knowledgeable in immigration matters?

LOL sorry its a friend who's case is in the home office as well.

[Emrah]

Someone? Was it your butcher, perhaps, or a person who is actually knowledgeable in immigration matters?

LOL sorry its a friend who's case is in the home office as well.

good luck to your friend if he didnt send the life in the uk test result or ESOL english requirement.

[mohmmad786]

Ok, here is an update.
I have cleared Life in uk test. I am married to my wife who is British citizen. My son is disabled who i currently care for and am receiving carers allowance for him.
As i am gonna start filling out the forms, would i need anything else? I was actually reading about biometric residence permit. would i need to do it before i fill and send the forms to home office?

I am still waiting for my upto date MRP(machine readable passport) which should arrive on the 17th of june but my visa is running out on 14th. Can i send the new passport 3 days laters?

I currently have

Life in UK test certificate
Bank statements
Letters from Doctors
Letters from School
Letters showing i am in receipt of carer allowance
Marriage cerficate
Pictures
Old Passport(EXPIRED) with visa on paper
Learner driving license
virgin bills printed

Would i need anything else? Any help would be greatly appreciated.

Thanks.

Which Country are you from and how long have you been receiving carer's allowance? You may have breached your immigration restrictions.

I am from pakistan and right now i have got 3 years Residence Permit(Limited Leave To Remain In UK). My visa does NOT state no work or recourse to public funds which means i have not breached any law.

Were you granted discretionary leave to remain? For what reason were you granted leave and when?

If it was discretionary leave to remain, I.e. due to family life protection, a child. Then should you not be applying for another 3 year extension of discretionary leave if you qualify? Under the old discretionary leave you had to have 6 years leave under discretionary before you could apply for settlement.

Well my solicitor at time told me that i got the visa because of my son as my case went in the court as home office first declined to issue me a visa. The solicitor also said that i have to apply for indefinite visa after the 3 years period is over. And my understanding was that in the older system you would get one visa of 3 years and than can apply for indefinite whereas in the new system you are required to have more than 1 visa of 2 years. I would need more guidance on it.
Thanks

Under the old rules for discretionary leave you normally needed to have 6 years of discretionary leave (2 sets of 3 years) before applying for settlement. Under the new rules it is 4 sets of 2.5 years so a total of 10 years before settlement.

Amber is correct.

However, if you have been in the UK continuously and legally for 10 years, then you may apply for ILR under Long residence.


It's easy to find your original thread. Just click on profile > Find all posts by mohmmad786.

It's better to stick with your original thread.

[mohmmad786]

I also spoke to someone at the home office croydon today and they gave me the same advice as D4109125(amber) did. The way the lady said was that if you go by the books than you have to apply for 3 years again BUT the solicitor can show it as exceptional circumstances and can get you indifinite visa. In other words if someone in the business who knows all the ins and outs can get me the indefinite but they gonna charge alot of fees which unfortunately i havent got.

My wife and son both are disabled and i was wondering if that would come under exceptional circumstances?
Thanks.

[Amber]

I also spoke to someone at the home office croydon today and they gave me the same advice as D4109125(amber) did. The way the lady said was that if you go by the books than you have to apply for 3 years again BUT the solicitor can show it as exceptional circumstances and can get you indifinite visa. In other words if someone in the business who knows all the ins and outs can get me the indefinite but they gonna charge alot of fees which unfortunately i havent got.

My wife and son both are disabled and i was wondering if that would come under exceptional circumstances?
Thanks.

Why don't you contact the solicitor who told you that you could apply for ILR after 3 years? I don't think he should have told you that you would be able to as you have no right to it. He/she should have said you may be able to..... but the usual rule is 6 years. I suspect that exceptional circumstances would involve those under DLR for asylum or refugee reasons not family life. Remember that under the new rules you must wait 10 years to settle for family life. I don't think that waiting 6 years is so bad. Nonetheless, if you want an extension for your DLR you must be able to show that you qualify.

Applications for further leave from an individual granted up to 3 years Discretionary Leave before 9 July 2012 must be subject to an Active Review.
 Decision makers must consider whether the circumstances prevailing at the time of the original grant of leave continue at the date of the decision. If the circumstances remain the same and the criminality thresholds do not apply, a further period of 3 years Discretionary Leave should be granted.
 If there have been significant changes or the applicant fails to meet the criminality thresholds (see criminality and exclusion section above), the application for further leave should be refused.

[mohmmad786]

Am I right in saying that this is the form i need to fill.

http://www.ukba.homeoffice.gov.uk/sitec ... formlr.pdf

OR
is it this one

http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

Thanks.

[Amber]

Am I right in saying that this is the form i need to fill.

http://www.ukba.homeoffice.gov.uk/sitec ... formlr.pdf

Thanks.

Have you been in the uk continuously and legally for 10 years? Were you an overstayer before your current leave to remain if so, for how long?

[mohmmad786]

Have you been in the uk continuously and legally for 10 years? Were you an overstayer before your current leave to remain if so, for how long?

I came first in 2001 and over stayed. Than went back to pakistan for 2 weeks and came back and got married in 2004. Due to problems with where we were living and not having much money i could not apply and overstayed on that visa as well. Applied in 2008 as a married couple and was rejected by the home office as they did not feel that we were living together so the case went to court where we showed that we were living as a family. I think it was either the court or homeoffice who gave me the visa as i had a son and i got the 3 years residence permit because of my son. Now i wanna apply for extention.

Is it this one i should go for?

http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

Thanks

[Amber]

Have you been in the uk continuously and legally for 10 years? Were you an overstayer before your current leave to remain if so, for how long?

I came first in 2001 and over stayed. Than went back to pakistan for 2 weeks and came back and got married in 2004. Due to problems with where we were living and not having much money i could not apply and overstayed on that visa as well. Applied in 2008 as a married couple and was rejected by the home office as they did not feel that we were living together so the case went to court where we showed that we were living as a family. I think it was either the court or homeoffice who gave me the visa as i had a son and i got the 3 years residence permit because of my son. Now i wanna apply for extention.

Is it this one i should go for?

http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

Thanks

Yes it appears that you need to extend for another 3 years dlr before you can apply for settlement. I think it would be wise that you sought legal advice to ensure you are still eligible for an extension under dlr. it may be that you need to apply for flr(m).

[mohmmad786]

Yes it appears that you need to extend for another 3 years dlr before you can apply for settlement. I think it would be wise that you sought legal advice to ensure you are still eligible for an extension under dlr. it may be that you need to apply for flr(m).

I actually went to get some advice today and the solicitor told me that i would need flro but i wanted to make sure that it is the right form i am downloading.
Thanks

[Amber]

Yes it appears that you need to extend for another 3 years dlr before you can apply for settlement. I think it would be wise that you sought legal advice to ensure you are still eligible for an extension under dlr. it may be that you need to apply for flr(m).

I actually went to get some advice today and the solicitor told me that i would need flro but i wanted to make sure that it is the right form i am downloading.
Thanks

Yes, flr(o) for an extension of dlr (old rules).

[mohmmad786]

http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

Ok i am filling FLO(O) form. I would really appreciate if you could guide me more PLEASE.

Section 2 (page 7 & 8 ) is not for me as i am filling just for myself.

Section 3 (Page 9) I have ticked Family Life As A Parent.

Section 4 (page 10)
4.1 No
4.3 No
4.5 No
4.10 Yes
Rest i have left empty

English Language Requirement

6.35 No
6.36 No
6.37 No
No
6.38 No
Not sure if i can put life in uk test anywhere in there.

Thanks alot for your help.

[GodGives]

http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

Ok i am filling FLO(O) form. I would really appreciate if you could guide me more PLEASE.

Section 2 (page 7 & 8 ) is not for me as i am filling just for myself.

Section 3 (Page 9) I have ticked Family Life As A Parent.

Section 4 (page 10)
4.1 No
4.3 No
4.5 No
4.10 Yes
Rest i have left empty

English Language Requirement

6.35 No
6.36 No
6.37 No
No
6.38 No
Not sure if i can put life in uk test anywhere in there.

Thanks alot for your help.

Do put what ever evidence who have including language and knowledge requirement as this will help if you have it

[mohmmad786]

http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

Ok i am filling FLO(O) form. I would really appreciate if you could guide me more PLEASE.

Section 2 (page 7 & 8 ) is not for me as i am filling just for myself.

Section 3 (Page 9) I have ticked Family Life As A Parent.

Section 4 (page 10)
4.1 No
4.3 No
4.5 No
4.10 Yes
Rest i have left empty

English Language Requirement

6.35 No
6.36 No
6.37 No
No
6.38 No
Not sure if i can put life in uk test anywhere in there.

Thanks alot for your help.

Do put what ever evidence who have including language and knowledge requirement as this will help if you have it

In languages i have put english, urdu, punjabi and i would sent my life in the uk test with the rest of the papers.

[mohmmad786]

Do put what ever evidence who have including language and knowledge requirement as this will help if you have it

Thanks for the reply. I would attach

Life in Uk test
Marriage certificate
Birth certificate
Bank statement
Virgin bills
Carer Letter
Income Support letter
Tax credit letter
Opticians letter
School correspondence
Passports with old residence permit
Wife and Son's passport

Anything else i should add in that list?
Thanks.