Immigration Help!

Next instalment of the Meh Family Soap Opera...

Got a text from MummyMeh which read "Please answer phone need to speak now!" so I dutifully did as it sounded like someone had maybe died.

Good news: no one died.

Bad news: Mum's husband's British citizenship application was refused.

I'm not an immigration lawyer (hence why I'm posting here!) but I always thought that after 5 years of marriage you applied for indefinite leave to remain, not citizenship. Maybe that comes after? Anywho, when newdaddy came over his visa stated indefinite leave to enter so I figure that's why they went for citizenship? But apparently he received a letter saying that was wrong and he's been getting new visas since then in the usual way so I'm thinking that's why his application was rejected?

Anywho, he is very sad and seeming not to understand why. And is also £1300 worse off. To top it off the home office pointed out that his visa has expired since his application so he needs to sort that tout suite.

So I guess my questions are...

1. Would an indefinite leave to enter ever be granted to someone coming in on a fiancé/spouse visa? I.e. could the home office have spazzed up?

2. Does he need to apply to extend his visa again or can he apply for indefinite leave to remain instead?

3. Is he going to leave my mother as soon as his ILR come through?

Meh. (general meh, not a signing off)

Have they not taken advice?

Did they check gov.uk before applying?

I am no immigration lawyer but I am thinking Q3 is more a question of, at best, time travel reportage or, at least, punditry.  

Have they not taken advice? Probably not.

Did they check gov.uk before applying? Probably. But were relying upon the indefinite leave to enter in the passport...

I think the correct sign off in the circs is

meh,

Meh.

 

HTH

I certainly won't be of any help, but just to help move the conversation forward, when did newdad get the letter saying his ILR was no good? Wha kind of visas has he been getting in the interim? Why did he think that he didn't need to apply for ILR if he was told that his ILR was no good?

When I married the 2nd time, He came in on a fiancee visa,  and we had to be married within 6 months, he then applied for a two year visa. then we went for ILTR, he now has a passport 

According to the rejection letter, in 2014, 13 months after he had entered. Then apparently he was given two visas of 33 months. They just say residence permit but they're probably spousal. I don't think he understood. His English is getting better but in 2014 it was still pretty shit. Obvs Mum would have understood the language but.... well yeah.

If his visa has run out they usually say oyu can only apply via the Briitsh Embassey in your home country so he may have to go back and then there is no guarentee he would get one.

 

Mind you it has been over 10 yrs since I had to go through all this so things may have changed

 

Your mum and her husband ought to get a bit of legal advice.  Or maybe citizens' advice can help. If they can give an accurate outline of the situation, what needs to be done ought to be easy enough to find out.

 

Had your father passed his life in uk and english tests?

I thought after 2014 - it was get visa for 2 years, get it renewed for 3 years. Then pass life in uk and english tests and then you can apply 

Classic rof

Take advice or look it up, there’s stacks of free advice online

The state of this thread.

Yes he has.

I am looking it up cookie. It's not looking great. I though rof might have some ideas too. I've also told her to speak to lawyers or citizens advice which she's brushed off. But given that more than 14 days have passed since his visa expired he may need to leave the country in 3 days to avoid being barred from coming back in again. So that's looking cheerful.

Hopefully this will prompt her to speak to someone who knows what they're talking about...

Just go for indefinite right to remain, easier. If they are married fairly straightforward, or dual citizenship.

Usual process is 2 years on a spouse visa, then ILR (the 5 years to ILR thing is for work permits etc), then citizenship 1 year later.

I don't understand why he applied for citizenship and not ILR? Naturally it was refused. 

 

It's hard to make out from the details given here, but I am guessing he didn't apply for ILR when he should have and now his visa has run out. The citizenship thing is a red herring - that was bound to be refused because he should have got ILR first before applying for it. 

He needs proper immigration law advice stat on how to fix this - and someone to go through all the correspondence etc.

I have a good friend who is an excellent immigration lawyer (OISC). She's based in Portsmouth so bit cheaper. Many of her clients are overseas anyway so not being in the city isn't an issue. Will pass on your nonny if you're interested.

sounds like an awful fuckup and now he's on the wrong side of TMPM's policies.

He is now back to the "please can I come in?" stage of humiliation. 

Well, the worst position to be in is misinformed, but there is at least one genuine offer of help on here amidst the usual guff, so all may not be lost.

Commiserations Meh

I had to do the Mrs application for Indef leave and then citizenship so I know there is no short cut on that.

First time Mrs applied for citizenship it was bumped cos [insert v obscure and bureaucratic reason here] ...easily fixable tho and so she's now official.

Neither of us are immigration types but you can do it....its just feckin dull

 

or just pay someone like Fred suggests

 

 

Why has your mum rejected the idea of CAB or a lawyer?? That would be very sensible esp as you’ve no doubt already explained that you cant help.

Stru that's exactly it. He's applied in good time, but for the wrong thing and now he's screwed.

Following my research I called my Mum with the worst case scenario (he'd have to leave the country to apply for another visa, and within 30 days of it expiring to avoid a ban on re-entry, ie by the day after tomorrow) and again encouraged her to get some specialist advice.

This did the trick and she called the direct access bazza she'd used to help get him in. I forwarded him the documents because she is not good with tech and he'd googled me and saw I was a solicitor and suggested we discuss it, which Mum agreed to (and was probably sensible given how stressed she was) and it is looking as though the best option is the leave the country one, but family members are exempt from the re-entry ban so it does not have to be Saturday! Hopefully this will give my Mum some comfort in the face of being without her chap for 4-6 weeks. Sadly this will not help Lexi the dog who will not understand why her Dad has gone and will keep looking for him to come home and crying. But no one thinks of the dogs do they?

But thanks guys! Whilst no one has had the answer per se, there have been little nuggets here and there which have helped with my research :)