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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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I immigrated from South Africa to the UK 10 years ago( as

Resolved Question:

I immigrated from South Africa to the UK 10 years ago( as a teacher and am still teaching - 33 years) and have Indefinate Leave to Remain. A year later my husband who was still in S.A. with my 3 children passed away.
I then brought my daughter who was 12 to come and live with me. She was educated here , went to college and has a British partner and two small children aged 3years and 1 year old. ( my grand children)
My sons were aged 18 and 20 at the time and I could not afford to bring them to the UK as they were regarded as adults. This was a very difficult situation for me.
The position at the moment is that Unfortunately my younger son was killed in a motor accident 5 months ago. This has had a major impact on everyone.
My eldest son and his partner had started filling in forms to immigrate to the Uk in July last year ( he is highly skilled in IT) Unfortunately my youger sond death has affected us all and they did not sent away the application as they were still getting some document.
Since then the immigration laws have changed.
I am extremely concerned as my daughter and her partner look as if they will be seperating. And my grand children will need the familys support in the future.

Is there any way that my eldest son would be able to come to the UK. I really need him to be here to help support the family emotionally and eventually financially.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 3 years ago.
I am sorry to hear about your family circumstances but I am afraid your son will have ot qualify in his own right as and when the revised work permit schemes are introduced. In the current climate there is virtually no chance of he UKBA exercising any discretion in these circumstances.
Customer: replied 3 years ago.

Totally different question.

I would like to apply for Naturalisation. I came to UK from South Africa in 2001 on a Work Permit as a Teacher due to shortages here at that time, and I obtained Indefinate Leave to Remain in Oct 2005. Due to certain circumstances at this time . I then worked in the UAE on a short 2 year contract. Returning to the UK during school holidays and, long summer holidays. This contract was renewed for a further 2 years. I returned full time to teach in the UK in 2009 and am still employed as a teacher.

The problem is that I am having difficulty filling in the Naturalisation form due to so many Arabic stamps in my passport. Can't make head or tail which are exit and entry dates.

Last Thursday I went to the Border Agency in Croyden to request information on my file. Hoping to obtain a printout of dates, as I concerned about filling my application in incorrectly.

I was told two things there:

1. That no where is there any record of these dates except in my passport( stamps)

2. The section dealing with Immigration / Naturalisation has been mover to Liverpool.

but that they would also not be able to help me with these dates.

 

It was suggested that an immigration Solicitor , may be able to help me.

I now have a new passport as I recently had to renew my passport. My old passport contains my Infefinate Leave to Remain and the stamps for entering and exiting .

 

Any advice would be most welcome.

 

 

 

 

Expert:  Senior Partner replied 3 years ago.
You cannot apply fro naturalisation. You need 5 years continuous residence which you don't have. You are only allowed to be absent from the uk for an average of 90 days a year. you must have been in the Uk 5 years before your application ad not been absent more than 450 days in the 5 year period. In fact you are lucky that they did not take issue with your ILR if you were working full time in UAE for 4 years as technically it might have lapsed. I expect because you have returned sufficiently often no-one has take a point on it. I recommend you wait until you can clearly demonstrate 5 continuous years residence.

So far as your stamp is concerned it is not necessary to transfer it to a new passport , it is still valid you merely need to bring the expired passport with you. You can transfer it to the new passport but they will charge a considerable fee for doing this - I think £200.
Senior Partner, Solicitor
Satisfied Customers: 13276
Experience: Solicitor
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