UK Immigration Law

Have UK Immigration Law Questions? Get Answers Now.

Ask an Expert,
Get an Answer ASAP!

UK Immigration Law

Hi, My name is XXXXX XXXXX I am British citizen living here

Customer Question
Hi, My name is XXXXX XXXXX...
Hi,


My name is XXXXX XXXXX I am British citizen living here in UK for the past 20years.I have been married for three years. My husband has got the in 'indefinite leave to remain'. But has expired on 5th May 2010.Now he has to apply for the Nationality but unfortunately we have been having a lot of dispute over lot of issues. I have just two questions please.

• If I don’t give my documents to him to have the British Citizen Passport what will happen to him?
• Secondly can I depot him back?
Submitted: 6 years ago.Category: UK Immigration Law
Show More
Show Less
Ask Your Own UK Immigration Law Question
Answered in 6 minutes by:
5/16/2011
Solicitor: Thomas, Solicitor replied 6 years ago
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
Verified

Hi Shazy

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What are you saying has expired - his passport with his ILR stamp in it?
  • 2. Are you asking if you can have him deported as well?

Kind regards.

Tom

Ask Your Own UK Immigration Law Question
Customer reply replied 6 years ago
Hi Tom,

His ILR stamp has expired and what i can do as well

Kind regards
Shazy
Solicitor: Thomas, Solicitor replied 6 years ago

H Shazyi,

 

Thanks for your patience.

 

Indefinite leave to remain does not expire in the same way that visas do - it's simply means that the person has an indefinite right to live and enter the UK. ILR will be stamped in his passport. His passport can expire and assume this is what has happened.


If his passport has expired it does not mean that his ILR terminates. He can simply apply for a new passport then staple his old passport to his new passport and his ILR will continue. Alternatively he can apply for a Transfer of Conditions once he has his news passport so that they stamp ILR in his new passport but this costs as much as apply for ILR in the first place so people tend not to do that.

 

Is right to apply for UK citizenship does not need to be supported by you I'm afraid he simply needs to meet the eligibility criteria and show that he has lived in the UK throughout the course of his spouse visa and a further 12 months if he applied for ILR as soon as possible.

 

I'm afraid that you cannot have him deported now (if this is what you hoped to do) because ILR is permanent and is only revoked where it can be proved that it was obtained fraudulently. It would not be in your interests to claim is was obtained fraudulently because you have supported his application and would be view as complicit. You could face criminal charges in these circumstances.


I'm sorry if this is not what you wanted to hear.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Ask Your Own UK Immigration Law Question
Customer reply replied 6 years ago
Hi Tom,

Sorry to say that his passport is not expired.The stamp which he was grated to stay in the United Kingdom for three years has expired.Plus he does need my signature and passport to send with his application for Nationalty.But i dont feel like to give him my paperwork.
Solicitor: Thomas, Solicitor replied 6 years ago

Hi,

 

Settlement for spouses runs in this order:-

1. Application for settlement is made by applicant on the basis of their mariage with a UK national

2. Spouse visa granted to applicatoin for a period of 27 months (ie. it expires 27 months after it was granted).

3. 24 months after the initial visa was granted the applicant can apply for indefinate leave to remain only with the support of his wife, who should state they are still married.

4, After ILR has be granted the applicant can then wait a further 12 months so that their total time in the UK is 3 years and then apply for citizenship.

 

In summary if your husband has not received ILR yet then you can restrict his ability by doing so by advising the UKBA of the breakdown of your marriage. They will curtail his visa so that his leave to remain ceases. You can then advise them if he does not leave and tell them where he is available to be found to deport. It is up to the UKBA to actually deport him though, ultimately it is their decision.

 

If you do not comply with his request to support his ILR application with your documents then he will not receive ILR.

 

If he has already received ILR then there is nothing you can do. He will have the right to apply for citizenship.


I trust this clarifies. If so please click accept.


Kind regards,

 

Tom

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Thomas and 87 other UK Immigration Law Specialists are ready to help you
Ask your own question now
Ask Thomas Your Own Question
Thomas
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,635
7,635 Satisfied Customers
Experience: BA (Hons), PgDip, Practising Solicitor

Thomas is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Thomas

Thomas

Solicitor

7,635 satisfied customers

BA (Hons), PgDip, Practising Solicitor

UK_Lawyer

UK_Lawyer

Solicitor

1,177 satisfied customers

I am a qualified solicitor and an expert in UK law.

INC

INC

Solicitor-Advocate

821 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Clare

Clare

Solicitor

253 satisfied customers

25 years hight street experience

A Hayat

A Hayat

Immigration Solicitor

205 satisfied customers

13 years specialist skill in UK Immigration & Nationality Law

Paul Richmond

Paul Richmond

Barrister

114 satisfied customers

LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)

Awan-Legal

Awan-Legal

Solicitor

95 satisfied customers

Specialist in immigration law with the highest level of accreditation in this area and with many years experience.

< Previous | Next >

Related UK Immigration Law Questions
I am a UK citizen and i am married to a US citizen. We live
I am a UK citizen and i am married to a US citizen. We live in the US at the moment however would like to move back to UK. Can a Third Party sponser my Husband i.e my parents. … read more
Thomas
Thomas
Solicitor
7,635 satisfied customers
I'm looking to understand which type of Leave to Remain form
I'm looking to understand which type of Leave to Remain form I need to file to stay with my spouse in the UK … read more
frantzgregory
frantzgregory
673 satisfied customers
My husband is canadian and i have a british citizenship my
hi, my husband is canadian and i have a british citizenship my older daughter is born in the UK and has a british citizenship too … read more
frantzgregory
frantzgregory
673 satisfied customers
I am now in receipt of ESA but cannot get PIP until I have
I am now in receipt of ESA but cannot get PIP until I have been here a year. Can I now apply for spousal visa for my husband.… read more
frantzgregory
frantzgregory
673 satisfied customers
I recently discovered that what I thought was my age is in
I recently discovered that what I thought was my age is in fact wrong and I have an original birth certificate to prove it. How should I deal with this as I want my legal documents to be updated with … read more
frantzgregory
frantzgregory
673 satisfied customers
Do cayman immigration stamp a work permit on a cayman
Do cayman immigration stamp a work permit on a cayman passport … read more
frantzgregory
frantzgregory
673 satisfied customers
I wanted to know something related to maternity leave and
I wanted to know something related to maternity leave and visa expiry … read more
frantzgregory
frantzgregory
673 satisfied customers
Hi, I want to move to from Denmark to UK 1.3.2010. Reason
Hi, I want to move to from Denmark to UK 1.3.2010. Reason to work for the company in the UK. I will be working for and paid in DKK by a danish subsidary of an UK based company. I looks as if the 'resi… read more
Sam
Sam
Tax Consultant
Higher Officer HMRC
7,419 satisfied customers
I have been in the country for 15 years and I don't have any
I have been in the country for 15 years and I don't have any family can I legalise my status please update thanks… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,846 satisfied customers
I found my lost passport wherein it contains my indefinite
i found my lost passport wherein it contains my indefinite leave to remain - is this still valid upon entry to UK with my new passport? … read more
frantzgregory
frantzgregory
673 satisfied customers
I need an authorized lawyer to look over the forms I have
I need an authorized lawyer to look over the forms I have filled out for my daugter in order for her to receive a British Passport. She was born in Israel to me (British born) but residing in Israel. … read more
MR-FA
MR-FA
Solicitor
LLM
24 satisfied customers
What is meant by - paragraph R-LTRP.1.1 of the immigration
What is meant by - paragraph R-LTRP.1.1 of the immigration rules … read more
INC
INC
Solicitor-Advocate
Master's Degree
821 satisfied customers
I live in the USA. I wanted to know can my aunt sponsor me
Hello I live in the USA. I wanted to know can my aunt sponsor me from the USA to the UK ? is this possible … read more
frantzgregory
frantzgregory
673 satisfied customers
My grandma lost her passport with indefinite stamp in India.
Hi, my grandma lost her passport with indefinite stamp in India. She hasn't got copies of the passport or stamp. She's got her valid passport but lost the one she had her indefinite stamp on. What can… read more
frantzgregory
frantzgregory
673 satisfied customers
I want my russian girlfriend to come to uk uk wont give her
I want my russian girlfriend to come to uk uk wont give her visa because not enough savings so looking at getting married, we've been in contact since September this year … read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,846 satisfied customers
Hellooo. My fiancé is an asylum seeker in the UK and we want
My fiancé is an asylum seeker in the UK and we want to get married. Please how do we do this? … read more
frantzgregory
frantzgregory
673 satisfied customers
Can I get a graduate job with Indian degree if I am on
Can I get a graduate job with Indian degree if I am on spouse visa in UK? Is Indian degree accepted in UK as fresher? Can I get a job in UK with a pgdiploma / pgcertificate in engineering obtained fro… read more
INC
INC
Solicitor-Advocate
Master's Degree
821 satisfied customers
I am a U.K. Resident if I marry a Muslim girl in Kenya how
I am a U.K. Resident if I marry a Muslim girl in Kenya how do I take her to the uk as my wife legally … read more
Clare
Clare
Solicitor
Bachelor's Degree
253 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x