F*cked over by immigration service

Discussion in 'Army Pay, Claims & JPA' started by Jailorinummqasr, Feb 27, 2006.

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  1. I am in somewhat of a dilemma and would grateful for advice please...

    I am married to US Citizen (Married 27 Oct 04), Mrs Jailor was awarded Limited Leave to Remain (LLR) (1 Feb 05 to 1 Feb 07) as result of our marriage. (Applied to IND using FLR(M))

    I am a British Citizen and I am posted overseas (not a base area - Integrated Officer with another countries forces) Jun 06 - Jun 08.

    I phoned the IND and have just been advised that when LLR expires if we are not resident in the UK my wife will not be able to apply for Indefinite Leave to Remain (ILR) or have right of return guaranteed. Further since we will not have been married 4 years on our return she will have to re-apply for a two-year visa under the LLR system.

    I am furious that the twat at the IND did not even entertain the idea that since I was posted overseas that I might be UK resident despite not being physically in the UK.

    I am pissed off because it is expensive, stressful and VERY time consuming dealing with the IND and the quicker Mrs Jailor has ILR the better.....she is a nurse and speaks better English than me & we are not benefit scroungers....

    I am sure I am not the first so can anyone advise on:

    What is a wife's legal status if she accompanies her husband overseas?

    What if anything can I do to make the IND see how stupid their attitude is?

    I am a UK resident if I am employed/deployed overseas by order of HM Forces?

    Do I turn down the posting of life-time?

    Many thanks for your assistance...
     
  2. ViroBono

    ViroBono LE Moderator

    I sympathise with you on this, having had to deal with HM IND with one of the former Mrs VBs. When I was sent abroad (BFG), I had a similar argument. However, it may be different in your case because I was able to convince them that British military bases are considered Sovereign land and thus British, so as we lived behind the wire on camp she remained resident. The rules appear to be based upon an unconstitutional premise that anyone applying to stay/become a citizen is invariably trying to cheat. It is an absolute disgrace that members of HM Forces are placed in these situations - they have the same right as any other citizen to marry whom they please, but are then put in an impossible position.

    You may find it useful to investigate the tax situation - ordinarily, if you are not resident for a whole tax year you don't have to pay Income Tax. However, as a member of HMF you will be considered resident for tax purposes and continue to pay the Scottish Thief throughout your tour overseas. How will IND reconcile you being resident according to one Govt department, but not resident according to them?

    I wonder how IND treat visa holders who go to Hajj, or for 'education' to the country whence they came? FOI could be useful.

    However, in view of the time constraint (IND are exceptionally slow to respond to correspondence, in my experience, as well as inept), I would be seriously inclined to contact your MP for assistance. If he/she is some Neu Arbeit apparatchik, a member of the Shadow Defence team may be useful - pm me if you need names. Hope you get it sorted.
     
  3. VB, Many Thanks - PM on way.

    Does anyone know if there is something in QRs w.r.t. residence and tax. I would like to enclose this as evidence if useful to the letter going to the IND and my MP....
     
  4. why declare your new place of residence to them. use a parent's / siblings address as your main place of residence

    i had a similar experience when i applied to get married. having been in BFG for a long time i was essentially persona non grata in the eyes of the authorities!

    i simply registered myself at in-laws and they forwarded all docs to me. not ideal, probably not legal, but it worked!
     
  5. I am told by someone who should know that:

    1. There may be different rules for members of HM Forces.
    2. It seems wrong that Mrs J is penalised by virtue of the fact that you are serving queen and country at the time that her renewas is due.
    3. Beware of deceiving people. It puts you in a weak position if discovered.

    I agree with VB re involving your MP. Also might Patrick Mercer, the Tory defence spokesman, be any use? He is ex army (WFR).
     
  6. Since we will travel out by civ air and the location is outside the EU, I cannot afford to gamble on the system. If any knows a A/G/J1 specialist who may be able help (civ or mil) in LAND, PTC or Centre could they pm me contact details...it would be appreciated

    Just drafting the letter for IND now, give 7 days to reply or I am off to my MP....

    Thanks for your comments
     
  7. Ask your RAO for the very latest DSPSI. In this are the details of the Armed Forces Section at the IND (Lunar House) they may make more sense than a local office.

    Home Office (IND)
    Armed Forces Section
    ICC 7th Floor
    Lunar House
    40, Wellesley Road
    Croydon CR9 2BY

    0845 4105996
     
  8.  
  9. Has the rules changed since 2001 , i only needed 1 year for my american wife to be granted indefinate leave to remain
     
  10. To add another twist to the debate, I have just met another serviceman married to a US citizen. This time IND still have not made a decision or returned the US passport for 20 fcuking months! (follwoing their marriage and application.

    I am begining to feeling lucky.... 8O

    In my case I am on a loser but at least I got an answer...let see what we can do for this couple.
     
  11. ViroBono

    ViroBono LE Moderator

    Sorry to hear you don't seem to be making progress, Jailor. Any news from your MP?

    In the other case, a solicitor's letter setting out the facts and asking for the passport to be returned forthwith, or a full explanation of why it's been retained might be a good first step. I'm assuming that the CoC has already swung into action to help, of course, it being all a serviceman needs - according to CDS, anyway...
     
  12. msr

    msr LE

    Get your MP on the case...

    "They work for you"

    msr
     
  13. IND don't know their arrse from their elbow.

    13.21 - Foreign spouses/partners of members of Diplomatic Service/British Council/HM Forces and DFID (Rules paragraphs 281-289)
    Permanent members of the Diplomatic Service and comparable UK based members of the British Council and HM Forces are regarded as being present and settled in the UK for immigration purposes while undertaking a tour of overseas duty. This means that a foreign national spouse of such a member may be issued a settlement visa and travel to the UK with or without their partner as long as the other requirements of the settlement Rules relating to spouses are met. The 24 month probationary period still applies (para 13.2) but time spent abroad on a posting counts towards this. The foreign spouse may return to the UK at any time and can lodge an application with the Home Office for ILR one month before the expiry of the existing leave to enter/remain. The spouse making the application must remain in the UK while his/her application is under consideration.

    Applications can be made in person to the Public Caller Unit, Lunar House, Croydon CR9 1AT or if time permits, by registered post. Application forms (SET(M)) can be obtained on the IND website (www.ind.homeoffice.gov.uk)

    The above provisions also apply to unmarried partners who meet the requirements of paragraph 295A of the Rules (see para 13.13) and spouses and partners of permanent members of DFID on full overseas postings, so long as the DFID employee is a British citizen or is settled in the UK. Officers from other government departments do not currently benefit from the provisions.

    Returning residents (Rules paragraph 18)
    Spouses and unmarried partners falling within the above provisions who have ILR will not lose this status if they are absent from the UK for more than two years while accompanying their partner on a tour of duty overseas.

    http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1035796295766

    Hope this helps. PM me if you need any more info as I have gone through and am still going through the IND lottery.
     
  14. Ord_Sgt

    Ord_Sgt RIP

    If they try to claim you are non-resident that means you are not tax liable. Send their claim to the tax office and I'm pretty certain if it comes to repaying your tax there will be some inter departmental contact that will resolve the case.