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ILR for Bereaved Spouse

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However, Richard, I look forward to your report in approx. ten years time of the results of your partner's attempts to renew their BRP despite being a British citizen.

I'm guessing it will be something along the lines of "took money but refused application".

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  • Print the lot! The Home Office will go looking for the pages if they are not sent in! My sister in law was assisted by a very good immigration solicitor plus the Police, Social Services and a women's

  • wooloomooloo
    wooloomooloo

    1. Correct, there will be no FLR stamp in your friend's passport. Her current immigration status is detailed on her BRP. 2. The husband's death certificate would appear to fit the requirement of co-

  • It states very clearly in guidance that ILR should be issued even if the applicant has just arrived in the UK. Very few questions asked. The death certificate says it all! Had her spouse died before t

Those who are unable to give their fingerprints will still be able to apply for and receive a permit and so prove whenever necessary their immigration status in the UK; from the guidance

What if I have no fingers or hands?

If you are physically unable to provide fingerprints we will take a photograph of the facial image and record on the database the fact that you are physically unable to provide fingerprints.

You will not be able to use the biometric enrolment service at a post office branch.

So those with no hands pay extra!

It seems there's been a change in the code of practice. It now says, under Serious Medical Conditions:

In the majority of cases, the Secretary of State will consider delaying the requirement for a short period to enable the person to either recover sufficiently to enable them to

comply, or to make alternative arrangements to enable them to comply.

It now seems that if the applicant can't get to the recording facilities, the recording facilities will go to the applicant. Or perhaps the government was too embarrassed to admit to denying evidence of their status to the infirm. It's not clear what is to happen in the minority of cases.

A British citizen cannot be compelled to renew such a document therefore issuing one would be pointless and probably discriminatory.

A resident non-citizen with ILR who is unable to supply fresh biometric data is nevertheless required to apply for renewal of the BRP. The renewal would ultimately be refused, but the law would have been satisfied, and indefinite leave would not be withdrawn. The applicant would simply be left with no evidence that they held ILR.

The requirement as applicable to those whose leave will not be renewed makes about as much sense as the old, unenforced law that required London cabbies to keep a bale of hay in their cabs. The only point in applying the law would be to raise revenue in fines. A simpler revenue-raising technique along those lines would be to fine all those licensed drivers who haven't tried to renew their expired photocard licences. That hasn't been done. Likewise, I don't think there's any rule letting Samran off despite the fact that as a non-resident, he is not eligible to have his photocard license renewed.

As I stated a British citizen cannot be compelled to renew a BRP because they no longer have one. They have a citizenship certificate +/- a passport. Your response discussing a resident non-citizen is therefore completely irrelevant. It would be discriminatory to require one citizen to have a BRP and not another.

Once someone becomes British, they just become British, same as every other British citizen.

  • Author

Sorry guys, I may be missing something but I still cannot see the point of people having to resubmit biometric data for FLR, ILR etc.

Assuming the Home Office keeps a record of their previous biometrics do you really think anyone checks that the fingerprints are the same? Given all the information that is required in applications for FLR and ILR is it really possible (within the bounds of reason) for someone to impersonate someone else and pay for the visa fees etc? Surely if someone is going to attempt to do that it would be a lot easier to forge a UK passport - so why no updated checks for that?

I think as bobrussell said earlier - they do it because they can!

Assuming the Home Office keeps a record of their previous biometrics do you really think anyone checks that the fingerprints are the same? Given all the information that is required in applications for FLR and ILR is it really possible (within the bounds of reason) for someone to impersonate someone else and pay for the visa fees etc? Surely if someone is going to attempt to do that it would be a lot easier to forge a UK passport - so why no updated checks for that?

Fingerprints can be compared automatically.

There may be some attraction in stealing a dead person's identity - especially if they died overseas and so the UK Government is unaware of the death.

There is a deep-rooted objection to storing everyone's fingerprints.

The UKBA as was, were able to fingerprint people during raids on restaurants and laundries. They were able to instantly identify overstayers etc so the technology is there. The only reason for a further trip to the Post Office is to ensure that photos are up to date and presumably that the identity of the applicant matches.

Presumably also confirms the applicant is still in the UK.

Fingerprints are deleted once someone has attended the citizenship ceremony unless on record for another reason. Not sure I am that fussed about my fingerprints being on file as long as everyone elses are, they are stored securely and records are accurate!

Not sure I am that fussed about my fingerprints being on file as long as everyone elses are, they are stored securely and records are accurate!

You're assuming that

  • The only dabs that match yours are from your fingerprints.
  • No-one can plant your fingerprints at a crime scene.

The bigger the database, the less convincing a match is. I'm not sure about the second. Presumably no-one would accept your fingerprints in lieu of a signature.

  • Author

Seems to me like we are getting into the realms of James Bond!

I bet you a pound to a penny that fingerprints are not routinely checked against those in a previous BRP. I doubt that they are ever checked in spouse/partner FLRs and ILRs.

It is just another example of the hassle that applicants have to go through because the Home Office owes no duty of care to applicants or sponsors.

I genuinely think it is required because they can. Someone applying for a new visit visa should not have to do biometrics again if using the same passport but it is required!

As the Home Office rarely bother taking up references for naturalization or passport applications, it would strike me as unlikely as they would check fingerprints unless it is done automatically/electronically at the time fingers are scanned at the post office.

It must be remembered that any sort of visa/leave/naturalisation is a privilege and not a right so they can behave in any manner they see fit!!!

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