Dear UK Border Agency,

Would you kindly inform me how one applies for Indefinite Leave to Remain if you fall outside of the immigration rules.

Would you kindly inform me where this information is available.

for example:

If a dependant child on a parents visa is over the age of 18 when the visa comes to an end, how does the dependant make an application for ILR i.e. on which form set and under what rule?

Yours faithfully,

CA Purkis

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk. If you have submitted
a general enquiry, a further message answering our most frequently asked
questions will be sent to you by our public enquiries department shortly.

Alternatively you can contact the UK Border Agency (UKBA) Immigration
Enquiry Bureau (IEB) on: Telephone: 0870 606 7766

Freedom of Information Act Policy Team
UK Border Agency

 

 

show quoted sections

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

CA Purkis left an annotation ()

In 2010, my visa was changed over from a work to a spousal, as my employment had ended before the five year period. My son, who had come into the UK on my visa as a dependant, was then 22 years old, and the UKBA insisted that he continued to remain as my dependant for the further two years of my spousal visa. In 2012 I successfully applied for my ILR. My son applied on the same day and was turned down by the UKBA as they stated he fell outside of the rules and had no exceptional circumstances to be granted ILR. There is no appeal allowed on this decision. However, the UKBA have failed to acknowledge that he was therefore unable to apply for ILR and have ignored us as to what he should have done. Also important to note that THEY told us to apply for ILR - information obtained from the IEB.

IND Public Enquiries,

Thank you for contacting the Home Office.

You can no longer use this email address for general immigration enquiries.

However, if you have sent us information about an immigration offence, or a complaint, we will forward it to the appropriate team. You do not need to send it again.

Please ensure to read the following information as you will not receive another response.

Please visit our comprehensive website at http://www.ukba.homeoffice.gov.uk for further information.

The information in this message contains links to the relevant parts of our website, where more detailed information can be found. If we have not included information or a link to the website for the subject you are enquiring about, please enter key words into the "search" facility on the website.

If your enquiry is about one of the following, please re-send it to the address shown:

British Citizenship and Nationality / Right of Abode:
[email address]

Bulgarian and Romanian Nationals:
There are two email addresses, depending on whether or not you have already applied. Please choose the correct one. Do not email both addresses.
For advice before you apply please email: [email address]
If you have already applied please email: [email address]

Points Based System Sponsorship (Employers and Educational Establishments with enquiries about Sponsorship, Tier 2, Tier 4 and Tier 5 of the Points Based System):
[email address]

IRIS Recognition:
[email address]

Apply Online Technical Enquiries - If you experience technical problems when completing or submitting an online application, you can email the apply online e-support team. The apply online e-support team do not provide immigration advice, accept appointment bookings, or give information about the progress of your application.
[email address]

Appeals - Court Awards
If you have paid a fee for your appeal and are successful the Tribunal may make a fee award against the Home Office up to the amount of the application fee that you paid. When the Tribunal decides to make a fee award, payment will be made as soon as practicable. As the new automatic payment systems are brought online there may be some delay in processing payments. It is estimated that payments will be made within 90 days with service times reducing thereafter. If payment has not been received within 90 days please e-mail using email address; [email address] quoting your Home Office and Appeal reference numbers and the date the fee award was made in the e-mail subject.

If you are outside the UK: Please go to the information pages for your country on the Home Office website: http://www.ukba.homeoffice.gov.uk/visas-...

If you are outside the UK and you wish to make an application for Entry Clearance, please contact the British Diplomatic Post (the High Commission, Embassy or Consulate) where you will be submitting your application for information.

Contact details for British Diplomatic Posts can be found on the Foreign & Commonwealth Office website at:

http://www.fco.gov.uk/en/travel-and-livi...

Please note that we are unable to confirm the authenticity of offers of employment or appointments. If you wish to report a fraud offence you should contact Action Fraud either by telephone on 0300 123 2040 (Monday to Friday 8am to 8pm, Saturdays 9am to 4pm or Sundays 10am to 4pm) or email at [email address]. Alternatively if you wish to complete a fraud report you can do this online via the online reporting tool at https://reportfraud.actionfraud.org.uk/f....

Information about the following subjects is provided below.

1. Outstanding Applications / Return of Documents
2. Change of Address / Change of Circumstances
3. Biometric Residence Permits for Foreign Nationals
4. Points Based System - Tier 1, Tier 2, Tier 4, Tier 5 and Sponsorship
5. Students - Changes During Your Stay
6. Family of British and Settled Persons
7. UK Ancestry
8. Child born in the UK
9. Settlement - Knowledge of Language & Life in the UK
10 . Indefinite Leave to Enter
11. New Passport - Transfer of Conditions or No Time Limit
12. Reporting an immigration offence

1. Outstanding Applications

For data protection reasons, we are unable to respond to enquiries about individual cases by e-mail. Home Office will contact you if further information is required to complete your application. If you sent your application by Recorded or Special Delivery, its receipt can be confirmed on the Royal Mail website at:
http://www.royalmail.com/portal/rm

If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

You do not need to contact us to check the progress of your application.
We will contact you as soon as a decision has been made or if we require further information. Our staff cannot provide any information about your application if you applied less than 6 months ago.

Return of Documents

If you require the urgent return of your documents, please see the Home Office website at:

http://www.ind.homeoffice.gov.uk/aboutus...

If you request for your passport to be returned, delivery will take 20 working days from the date of your request.
Only the document holder can request their documents back unless it is a withdrawal of an application which then has to be from the main applicant
Documents are normally returned within 20 working days but it is recommended that you do not book travel until you have received your documents.

However please note that return of the applicant's passport submitted in support of a leave to remain application, for travel outside the UK, will lead to the application being withdrawn.

Please be advised that you will need to complete the online form with all required information.

2. Change of Address / Change of Circumstances

We are unable to deal with change of address/circumstances notifications by e-mail.

If you have made a Points Based System application, details of how to inform us about your change of address or other change of circumstances can be found on the Home Office website at:

http://www.ukba.homeoffice.gov.uk/siteco...

You can tell us about a change to your UK contact details or your legal representative's details using our online forms. Online updating is a fast, simple and secure way of providing this important information.
Please see the following link for details on how to change your contact details:

http://www.ukba.homeoffice.gov.uk/aboutu...

3. Biometric Residence Permits for Foreign Nationals

As of 29 February 2012 Nationals of countries outside the European Economic Area and Switzerland must apply for a biometric residence permit (unless they already have one) if they are currently in the UK and they want to:

extend their temporary permission to stay to a total of 6 months or more;
apply for permission to settle in the UK (known as 'indefinite leave to remain');
transfer their permission to stay from an old passport or similar document using form TOC or NTL; or
apply for a Convention travel document (1951 refugee or 1954 stateless person) or a certificate of travel.

You do not need to obtain a biometric residence permit if you are a national of a country in the European Economic Area (including the UK) or Switzerland.

Detailed information about the Biometric Residence Permits can be found on the Home Office website at:

http://www.ukba.homeoffice.gov.uk/visas-...

If your BRP has been lost or stolen, or if you need a replacement BRP for other reasons, you will need to submit an BRP(RC) application form. The application form and guidance notes are available on the Home Office website at:

http://www.ukba.homeoffice.gov.uk/visas-...

4. Points Based System - Tier 1, Tier 2, Tier 4, Tier 5 and Sponsorship
PBS Tier 1

Detailed information about Tier 1 can be found on the Home Office website at:

http://www.ukba.homeoffice.gov.uk/visas-...

PBS Tier 2

Detailed information about Tier 2 can be found on the Home Office website at:

http://www.ukba.homeoffice.gov.uk/visas-...

PBS Tier 4 (General) and Tier 4 (Child) Students

Detailed information about Tier 4 can be found on the Home Office website at:

http://www.ukba.homeoffice.gov.uk/visas-...

PBS Tier 5

Detailed information about Tier 5 can be found on the Home Office website at:

http://www.ukba.homeoffice.gov.uk/visas-...

Sponsorship

Under the Points Based System (PBS), migrants from outside the UK will need to be sponsored by an employer or education provider on the Home Office's Sponsors Register in order to obtain a visa.

For further information regarding the Points Based System and Sponsorship, please visit the Home Office website at:

http://www.ukba.homeoffice.gov.uk/busine...

5. Students - Changes During Your Stay

Detailed information explaining what you should do if changes to you or your sponsor occur while you are in the UK as a student under Tier 4 of the points-based system can be found on the Home Office website at:

http://www.ukba.homeoffice.gov.uk/visas-...

6. Family of British and Settled Persons

A number of changes to the Immigration Rules came into effect on 9 July 2012. These changes will affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route.
These changes define the basis on which a person can enter or remain in the UK on the basis of their family or private life, unifying consideration under the rules and Article 8 of the European Convention on Human Rights.
If you already have leave to enter or remain in the UK, on the basis of being the spouse or partner of a settled person, you will need to meet the rules which were in force before 9 July 2012 if you apply for settlement.
The changes include:
* introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
* extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship;
* abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
* from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt;

Detailed information about changes to the family migration rules that came into effect on 9 July 2012 can be found on the Home Office website at:
http://www.ukba.homeoffice.gov.uk/siteco...

Detailed information about how you can apply to remain in the UK if you are the partner, dependent child or adult dependent relative of a British citizen, a person who is settled, has refugee leave or humanitarian protection here can be found on the Home Office website at:
http://www.ukba.homeoffice.gov.uk/visas-...

You will be required to prove your English language ability, if you are applying as the husband, wife or civil partner of a British citizen or someone who is settled here.

This information is based on Part 8 of the Immigration Rules.

For details of the English language requirement, see the English language requirement page.

For further information, please visit the Home Office website at:

http://www.ukba.homeoffice.gov.uk/siteco...

7. UK Ancestry

Detailed information about UK Ancestry can be found on the Home Office website at:

http://www.ukba.homeoffice.gov.uk/visas-...

8. Child born in the UK
If your child was born in the UK and you currently have limited leave to remain, you will need to obtain and complete one of the following application forms, in order for them to be granted leave to remain as your dependant.

PBS Dependant application form should be used if the person whom the child is dependant on has been granted leave to remain under the Points Based System.

FLR(O) application form should be used if the person whom the child is dependant on has been granted leave to remain in any other category.

On form FLR(O) the child's details should be entered in Section 1 - Applicant's Details. Your passport should also be enclosed with the application.

If you will be leaving the UK and do not intend to return under the conditions of your current leave to remain, you are not required to make an application to the Home Office for your baby. They are deemed to have leave to remain in the UK until you leave.

If you will be making an application for further leave to remain or indefinite leave to remain and do not intend to travel before you do so, you can include the baby as your dependant at that time. However please note, if you travel outside the UK before your baby obtains leave to remain, you will need to obtain Entry Clearance for the baby before you return to the UK.

9. Settlement - Knowledge of Language and Life in the UK

If you are applying for settlement in the United Kingdom you may be required to demonstrate Knowledge of Language and Life in the United Kingdom, in addition to meeting the other requirements for settlement. For further information, please visit the Home Office website at:

http://www.ukba.homeoffice.gov.uk/visas-...

The test changed on 25 March 2013, to ask questions based on information in the new version of the handbook. To be ready to take the test, you must read the correct version of the official handbook.

* Tests taken before 25 March 2013 will be based on the handbook 'Life in the United Kingdom 2nd Edition: A Journey to Citizenship'.

* Tests taken on or after 25 March 2013 will be based on the handbook 'Life in the United Kingdom 3rd Edition: A Guide for New Residents'.
For detailed information about the Life InThe UK test, please visit the Home Office website at;

http://www.ukba.homeoffice.gov.uk/visas-...

10. Indefinite Leave to Enter

In terms of your status in the UK, Indefinite Leave to Enter and Indefinite Leave to Remain are exactly the same. The Indefinite Leave to Enter Entry Clearance means, in terms of your current immigration status in the UK, that there is no time limit on your stay in the UK.
The end date shown on an Indefinite Leave to Enter Entry Clearance (EC) vignette is a guide to the holder for travel purposes only, or relates to the validity dates of the passport/travel document in which the vignette is endorsed.
The validity and activation of the Entry Clearance is determined by the dates noted on the Entry Clearance vignette not by any ink stamp endorsed in the passport or travel document by a UK Immigration Officer at the port of entry.
The Immigration Officer's stamp merely indicates when the Entry Clearance was used to enter the UK but the Entry Clearance is still valid without an on-entry stamp.
The Entry Clearance should be used to enter the UK within three months of issue but can be used after this date at the discretion of the Immigration Officer.
Once the expiry date noted on your EC is passed it is not necessary for the holder of Indefinite Leave to Enter status to apply within the UK for Indefinite Leave to remain status as they are effectively the same thing and your "No time limit "status remains extant.


11. New Passport - Transfer of Conditions or No Time Limit

Detailed information about transferring your visa or residence permit from an old passport or travel document to a new one can be found on the Home Office website at:

http://www.ukba.homeoffice.gov.uk/visas-...

12. Reporting an immigration offence

We take public reports of crime seriously. If you suspect that someone is working illegally, has no right to be in the UK or is involved in smuggling, we want to hear from you.
You can report your suspicions in confidence using our reporting form.
Please complete as much of the form as you can. But do not worry if you cannot answer all of the questions - and do not put yourself in danger by trying to discover more information.
Any information that you provide will be handled in confidence. You can give us your name and address if you wish, but you do not need to do so.
Other reporting methods

Alternatively, you can:
contact Crimestoppers (online or by phone) anonymously
call the Customs Hotline about smuggling on 0800 595 000
contact the confidential anti-terrorist hotline on 0800 789 321 or online
dial 999 in an emergency

Detailed information how you can report suspected immigration crime (such as illegal immigration or illegally employing foreign workers), smuggling or terrorism can be found on the Home Office website at:

http://www.ukba.homeoffice.gov.uk/aboutu...

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CA Purkis left an annotation ()

As soon as the UKBA have a request that they are unable to understand, they direct you to their website - when we ASK for specific information, we should be entitled to get it. The information requested from me DOES NOT appear on their website, so where should I get it from?

Dear IND Public Enquiries,

I have asked you where one finds the information for an application for ILR that falls outside of the Immigration Rules. This information IS NOT on your website, so please could you provide me with this information or the correct way to find it.
The Enquiry Bureau DO NOT have this information - I have a transcript of a telephone conversation with one of your employees, who tells me she is unable to find the information.
Once again;
When a dependant comes to the end of the visa period and he is no longer 18 or dependant - what application should he make for ILR?
I am requesting your rules and procedures for this category under the Freedom of Information Act.

Yours sincerely,

CA Purkis

Dear UK Border Agency,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Outside of the Immigration Rules'.

Could you provide me with the section under which you have refused my Freedom of Information request for your procedure for applying for ILR outside of the Immigration rules and where one finds this information.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/ou...

Yours faithfully,

CA Purkis

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Freedom Of Information Team ( IND ),

I have not had a reply to my request for recorded information relating to applications which fall outside of the immigration rules. Please could you provide me with this information.
Yours sincerely,

CA Purkis

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear UK Border Agency,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Outside of the Immigration Rules'.

The Freedom of Information Act gives the public the right to ask any authority for access to written or recorded information held by that authority.

I have requested information held by the Home Office for dependants of their parents visa. This information is not on your website, nor has your Contact Centre been able to provide me with the information. For clarity, here is my request again;

If a child dependant is over the age of 18 when their visa comes to an end, in line with their parents, how do they apply for Indefinite Leave to Remain and on what form?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/o...

Yours faithfully,

CA Purkis

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Freedom Of Information Team ( IND ), UK Border Agency

Dear C A Purkis,
Could you please confirm the FOI reference number of the Request.
Kind Regards
Michael
Michael Seedansingh
Information Access Team
Information Management Services (IMS)
Home Office
020 8196 3105

show quoted sections

Dear Freedom Of Information Team ( IND ),

https://www.whatdotheyknow.com/request/o...

All the information for my request is listed in the information above - the very information you asked me about.
There is no reference number as your team has never acknowledged my request.
Could you confirm for me when you intend to give me this information, as it is now well past the legislative date that you are required to give it to me by.

Yours sincerely,

CA Purkis

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Freedom Of Information Team ( IND ),

Thank you for your reply.

I no longer require an internal review as someone from your Settlement Ops Policy has contacted me and answered my question.

You have no information listed or available for certain situations outside of the Immigration Rules. You are unable to help the public in certain immigration situations as you have no provisions for certain situations as stated to me by your Settlement Ops Policy.

Yours sincerely,

CA Purkis

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

BritCits left an annotation ()

C A Purkis - if you got anything remotely useful could you pls send to us? BritCits@gmail.com URGENT! Thanks

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