Brit Cit Delay

[Mossfinn]

Had the wifes passport returned today, with insufficient evidence stated in the letter.

" Please supply evidence of passport or travel Docs between September last year to date".

The passport had run out in September 05 and we had supplied all other relevant docs.

So I rang them.

I stated there was no further travel undertaken, between September and the application the passport would have shown nothing of any relevance.

I was then told that she needed to prove that she was resident in the UK between these periods.

I asked was this stated in the application and she said," yes".

I also stated that she has been living here for 5 years as a married woman to a Brit Cit, why do they need further proof of 7 months.

" Because it is 3 years from the date of application".

I wouldn't mind but I had the application checked out with an immigration lawyer.

What do you think, are they being pedantic, or have I missed the point?

Moss

[vinny]

You have to cross your t's and dot your i's.

If she had her Thai passport renewed, then just send her new passport. Else, you may be able to ask the RTE for a letter confirming that her expired passport had not yet been renewed and therefore no travel outside the UK would have been possible.

Edited November 23, 2006 by vinny

[Mossfinn]

then just send her new passport.

Hi Vinny thanks for the links, always a pleasure.

Sending her new passport wasn't an option as there had been no travelling in the period of additional info they required, Sept 05 PP expiry and April 06 time of application.

But this is exactly what they asked for, until I questioned the point of a new PP with blank pages through-out.

Anyway all I need to do is get a letter from her Nursery Head Teacher confirming employment during this time and it should be OK.

As long as I dot my T's and cross my Eye's.

I can't be bothered to check the application to see if it was obvious what I missed, I still think it is pedantry in the extreme.

Good Luck

Moss

[GU22]

I wouldn't mind but I had the application checked out with an immigration lawyer.

The rules clearly state that the qualifying period for naturalisation is counted back from the date of the application. Therefore applicants have to show that they were indeed resident in the UK for the necessary period. Also, she is only allowed 270 days outside the UK during this 3 years, and only 90 days in the final year. She has to show that she hasn't exceeded these limits.

I don't know how much you paid this immigration lawyer, but, as s/he doesn't seem to know of this basic requirement, it was too much!

[Mossfinn]

The rules clearly state that the qualifying period for naturalisation is counted back from the date of the application. Therefore applicants have to show that they were indeed resident in the UK for the necessary period.

I had a feeling you might say that.

Also, she is only allowed 270 days outside the UK during this 3 years, and only 90 days in the final year. She has to show that she hasn't exceeded these limits.

This is clearly set out in the application form, you really can't get this bit wrong.

I don't know how much you paid this immigration lawyer, but, as s/he doesn't seem to know of this basic requirement, it was too much!

It would appear so wouldn't it.

Thanks for the response

Moss

[Mossfinn]

[' date=2006-11-24 20:31:33' post='1000855]

The rules clearly state that the qualifying period for naturalisation is counted back from the date of the application. Therefore applicants have to show that they were indeed resident in the UK for the necessary period.

I have just checked the wife's application and there was a letter from her School head Teacher stating she had worked for them from 2003 to the present, with a hope for her to stay a long time.

Now considering the only further request they have made was for further travel docs for this period, which as previously stated, would have proved nothing.

So they requested further evidence of residency, of which a letter from her employer proving her stay in the UK during this time, would suffice.

This has already been provided, I again am at a loss.

What does this suggest? All documents regarding the application have been returned, curiously minus the employers letter.

Did I not send it or has it been mis-laid?

Sounds familliar with a recent post, don't you think?

Maybe I didn't pay too much to the Immigration solicitor!

Oh well, just another letter to go with the appeal for the daughter, I am getting used to it.

Good Luck to all

Moss

[GU22]

I think the problem, Mossfinn, is that she needs to prove that during the 3 years prior to the application she has not spent more than 270 days outside the UK, with no more than 90 days outside the UK in the final year. Hence

"Please supply evidence of passport or travel Docs between September last year to date".

As the passport she submitted with the application expired in Sept 05, for all they know she may have renewed it at that time and spent the intervening period in Thailand! Showing a current Thai passport with no entry or exit stamps would prove that she hadn't left the UK during this period, and so hadn't exceeded the above limits.

All I can suggest is you contact the IND on Monday, explain that she didn't renew her Thai passport when it expired and ask what evidence they require to show that she has not been outside of the UK during this time.

Alternatively, do as suggested by Vinny above.

Edited November 25, 2006 by GU22

[Mossfinn]

That reply makes a lot of sense and also clears up Vinny's response.

I couldn't understand why supplying a blank passport would prove anything, of course it proves she hasn't left the UK and hence complied with the 270 day rule.

Problem is, the lady I talked to obviously didn't understand this either, as she said, when I mentioned the blank new passport, "well you need to provide a letter from her employer then".

I guess a new letter will be as much use as a Chocolate Fireguard.

I also have to reply by the 7th of December and as we leave for the LOS on the 13th it looks like the only option is yet another endorsed copy.

Thanks for that it actually makes sense now.

Hey Vinny back to crossing my eye's and dotting my tea's again.

Moss

[Rinrada]

I had to give the dates of the day trips from Dover to Calais we made on booze runs because on some occasions the Frence side forgot to stamp her out.must have thought ..bunch of "peezz artists"

Incid from day of application of UK PP to the "paper"took 9 months ...so phut cha cha...