# Indefinite leave to remain taking ages, need advice!!



## olhosverdes (Jan 21, 2012)

Hello all, I am new here 

I have applied for my ILR on the end of July 2011, paid for it online and received the confirmation letter on the 3rd of August 2011. 

I have been married to someone with ILR for almost 8 years, we have 3 children together and I have always been legal in this country. I was supposed to have received the ILR 2 years ago, but we didnt do the Life in the UK test and they gave me Limited Leave to Remain for 2 years.


Today is 21st Janurary 2012 and I havent heard ANYTHING from UKBA. They never asked me for more information neither asked any more documents. Tried to contact them and as I knew already they only give information after 6 months (its been 5 and a half months already).


I wanna know if the fact that my husband is not working at the moment and claiming benefits will affect my application? The benefit is claimed in his name as its his right since he has ILR for more than 12 years. If there was something wrong with my application would them have contacted me already? I am so anxious because I wanna go to Brazil, where I am from, to visit my mom and I cant since they have all our passports. I have 3 children with my husband, 2 of them are English born here and 1 is brazilian and i am applying for her as well as my dependant. IS IT POSSIBLE FOR THEM TO REFUSE MY VISA EVEN THOUGH I HAVE 2 ENGLISH CHILDREN? IS IT POSSIBLE TO RECEIVE AGAIN LIMITED LEAVE TO REMAIN SINCE I HAVE RECEIVE IT ONCE 2 YEARS AGO?

Would be extremely gratefull for some advice and help!!

Thanks a lot,

Naty


----------



## Joppa (Sep 7, 2009)

olhosverdes said:


> Hello all, I am new here
> 
> I have applied for my ILR on the end of July 2011, paid for it online and received the confirmation letter on the 3rd of August 2011.
> 
> ...


You could have paid extra for same-day premium service, and while they don't guarantee your application will be sorted in a day, even if they had to take time over it, it wouldn't have taken so long.



> I wanna know if the fact that my husband is not working at the moment and claiming benefits will affect my application? The benefit is claimed in his name as its his right since he has ILR for more than 12 years.


While it's quite in order for your husband to claim benefits, anything he gets will be disregarded from your financial resources required to support you and your children without recourse to public funds. The current requirements are £105.95 per couple left over per week after paying for housing and council tax, plus £49.13 per child, so £253.34 per week in total after tax and NI.



> If there was something wrong with my application would them have contacted me already?


Only for further clarification. If you fail to satisfy one or more of the conditions, then your application is likely to be simply rejected.



> I am so anxious because I wanna go to Brazil, where I am from, to visit my mom and I cant since they have all our passports. I have 3 children with my husband, 2 of them are English born here and 1 is brazilian and i am applying for her as well as my dependant. IS IT POSSIBLE FOR THEM TO REFUSE MY VISA EVEN THOUGH I HAVE 2 ENGLISH CHILDREN? IS IT POSSIBLE TO RECEIVE AGAIN LIMITED LEAVE TO REMAIN SINCE I HAVE RECEIVE IT ONCE 2 YEARS AGO?


Either scenario is quite possible. The fact that you have British children doesn't in itself change anything, though they won't break up a family except as a last resort. So you may get discretionary leave to remain.

I think you should hear from them quite soon - it's rare for them to take longer than 6 months - which is their stated service standards. Average SET(M) wait period seems to be around 4 to 5 months, so yours isn't exceptional.


----------



## Undertaker (Feb 13, 2012)

Hi
I have the same issue i posted my ILR in June 2012 & aint heard anything back yet, i phoned a few time & they told me its in progress, I am working & so is my husband & we have had no other issues
will anyone tell me how much longer this will take?


----------



## Joppa (Sep 7, 2009)

Undertaker said:


> Hi
> I have the same issue i posted my ILR in June 2012 & aint heard anything back yet, i phoned a few time & they told me its in progress, I am working & so is my husband & we have had no other issues
> will anyone tell me how much longer this will take?


Nobody can tell you. Phone up your MP and ask them to make an inquiry to the UKBA. Request by MP is handled separately by their parliamentary section and you should get something back that way. Give them your Home Office reference number (on your letter from UKBA).


----------



## Undertaker (Feb 13, 2012)

Hi
they have replyed back to my letter today saying they have not had my bank details which they asked me to post in September, So i called them & gave them my royal mail tracking number which says they have signed for it, they will now investragate this
How comes they have waited all this time to let me know they have not had it, They only told me because i wrote them the letter?

I emailed the MP but he did not reply back tome atleast UKBA now have

Will They find the documents or will i have to re post them?


----------

