Any experience with UKBA / ILR?

[Over_the_Pond]

Hi Forum. Just wondering what people's experiences have been with UKBA and filing Indefinite Leave to Remain (spousal)? I've heard this can take up to 9 months?! I thought I'd be fine to file this on my own, but now I'm not so sure. I've had to renew my US passport, still waiting. Now my ILR application is going to be filed late. I recently spoke to another lady at my work who is filing hers through a barrister. That sounds expensive. Is it really necessary? Are there any reasonably priced immigration solicitors/barristers local-ish? I know, technically you're not meant to give out immigration advice. I have tried to contact UKBA and the US embassy, but got nothing back. I guess I'm just wondering what others' experiences have been? Thanks!

[stacey-lyn]

You can do it yourself - it isn't difficult though some choose to use an immigration agent or solicitor and not usually a barrister unless there is a complication or point of immigration law. If it's a straightforward application and you have all the right documentation and tick all the right boxes, and are competent, then do it yourself. It seems that your first hurdle is getting your passport. Getting through to the US Embassy here (if that's where your passport application renewal has been submitted) would be the first step. Did you use their expedited service? Ideally, you should apply 28 days before the expiry date of your current permission. And apply in person ie make an appointment, not by post/courier.

Oh, and the processing time has been 3-6 months on average, but of course it can take longer or shorter.

[LadyDeliah]

We are finding that recent applications that fall within the rules are being decided within 6 months and a recently submitted spouse extension application came back after about 2 months. This is a huge improvement, but I wouldn't count on it lasting to be honest.

We do all different types of applications, including some which would have been easy for the applicants to do themselves, but after bad experiences, I think less people want to take the risk of doing it themselves.

Not sure why anyone would want a barrister to make an application for them, we'd only use a barrister for appeal work.

[LadyDeliah]

By the way, if you submit your application after your current leave expires, you would no longer be entitled to work and you may lose the right of appeal if your application is refused.

You seriously don't want to submit it out of time if you can avoid it.

[Over_the_Pond]

Have read a lot of expat forums, but there is very conflicting information. Filing out of time can't be avoided, so DH and I decided we'd turn the whole thing over to a barrister. I really don't know what else we can do. Other than being late it's a straightforward application.

[ianr]

If you really do want to submit it through an immigration law practitioner, LadyDeliah is an officially registered one, and local.

If you're in a hurry, I believe the advice about making an application in person is probably still relevant. I'd hope that's the case, given that you'd be paying a ?375 premium, but I've no idea what current practice is, or what any gain would be.

Regardless, I note from paras. 3.3 and 3.2.4 of the Partners casework guidance available at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/ that "The applicant must also not have overstayed by more than 28 days at the date of application." So I really would, to best avoid further delay and complication, try to submit something that's legally recognised as a formal application before you have totted up 28 days of overstay. I don't read anything you've said above as constituting "exceptional circumstances" of the type they specify in 3.2.4a.

Actually, I rescind that last paragrph. It may well be the case that the Family members transitional arrangements section, http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/ applies. I've not checked what they may say about the effects of overstay.

[LadyDeliah]

Why do you need to file it late? Is it just because you are waiting for your new passport? You are better submitting it on time without a passport, just send your old passports or if they are not available, copies of your passports and confirmation that your passport is being processed by your embassy.

You'd need to explain it in your covering letter too and explain that you would forward the passport as soon as you receive it.

[Over_the_Pond]

Thanks for the recommendation, ianr. Fortunately I don't have need of LadyDeliah's service, as my application has been approved despite being late. :) It was late because I got the timing wrong for the grace period (thought it was longer than 28 days). I had two brief consultations with different solicitors, but in the end my husband I decided to submit the application ourselves without a lawyer, as their prices seemed out of proportion to the task at hand. We did get some good tips about what to include with the application (which weren't mentioned on the UKBA website, like additional documents and photographs). I wrote a cover letter myself briefly explaining my lateness and shoved it all in an envelope. Maybe it helps that I wasn't too far outside the grace period? Plus, my husband and I have been married for over three years and have a child together, and we both work fulltime. So, we're obviously a real family and not looking for handouts. Indeed my job is very specialised, so I could have qualified for a work visa independently. Lesson learned: be more organized and careful about dates!