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by John
Sat Dec 05, 2020 7:32 pm
Forum: British Citizenship
Topic: Section 1(3) application
Replies: 2
Views: 285

Section 1(3) application

Hi, can you help please. I have been asked to find out this. The facts are a child was born in the UK, in 2010, and at that time neither parent had British Citizenship nor settled status. Child now aged 10. Now father has ILR, and sometime next year will apply for Naturalisation as British. He still...
by John
Tue Jul 09, 2019 5:40 pm
Forum: Claiming Benefits
Topic: CHILD TAX CREDIT & SPOUSE VISA EXTENSION
Replies: 16
Views: 4233

Re: CHILD TAX CREDIT & SPOUSE VISA EXTENSION

Although Universal Credit will be fully rolled out in jobcentres by September 2018, moving people on existing benefits to the new system will only begin in July 2019 and be finished by March 2022. That no doubt explains why the commercial radio stations are currently full of adverts, imploring peop...
by John
Tue Jul 09, 2019 11:47 am
Forum: Claiming Benefits
Topic: CHILD TAX CREDIT & SPOUSE VISA EXTENSION
Replies: 16
Views: 4233

Re: CHILD TAX CREDIT & SPOUSE VISA EXTENSION

Although Universal Credit is now within the definition of Public Funds, those all important paragraphs 6A to 6C remain unchanged. To save you digging them out, here they are :- 6A. For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially having) recourse to public...
by John
Tue Jun 12, 2018 7:41 pm
Forum: Claiming Benefits
Topic: Child Benefit for Child on Family Settlement VISA
Replies: 4
Views: 1189

Re: Child Benefit for Child on Family Settlement VISA

jamshaid you need to appreciate that Child Benefit is never claimed by the child!

It is claimed by an adult and if that adult has ILR, for example, claiming the Child Benefit is not a problem.
by John
Thu Mar 22, 2018 9:38 pm
Forum: Claiming Benefits
Topic: Maternity Allowance
Replies: 1
Views: 616

Re: Maternity Allowance

Maternity Allowance is not within the definition of Public Funds, so no harm in claiming that.
by John
Sun Feb 18, 2018 8:19 am
Forum: British Citizenship
Topic: nationalzation
Replies: 12
Views: 971

Re: nationalzation

The link already provided :-

https://www.gov.uk/becoming-a-british-c ... sh-citizen

-: do not ignore the requirements detailed towards the bottom of that webpage.

It is absolutely not as simple as just being in the UK for at least three years.
by John
Tue Jan 24, 2017 7:15 am
Forum: British Citizenship
Topic: Child born abroad to a British Citizen
Replies: 2
Views: 434

Re: Child born abroad to a British Citizen

Does my child born in another country automatically become british two after I became british
If born before you became British, no. If born after you became British, yes.
by John
Tue Dec 20, 2016 7:01 pm
Forum: British Citizenship
Topic: Naturalisation after death of British citizen spouse
Replies: 11
Views: 872

Re: Naturalisation after death of British citizen spouse

It is as simple as this. The question is, are you married to a British Citzen? The answer, very unfortunately, is no.

Accordingly the qualifying period is five years, and you need to have had your ILR for at least one year.
by John
Tue Dec 20, 2016 4:39 pm
Forum: British Citizenship
Topic: Naturalisation after death of British citizen spouse
Replies: 11
Views: 872

Re: Naturalisation after death of British citizen spouse

Hi, time outside the UK not excessive. So I think you should plan to submit your application shortly after the 1st anniversary of the grant of your ILR on 12.10.16. Given you were outside the UK "05 Dec 2012 to 22 Feb 2013 ", certainly do not submit the application during the period "05 Dec 2017 to ...
by John
Mon Dec 19, 2016 9:29 pm
Forum: British Citizenship
Topic: Naturalisation after death of British citizen spouse
Replies: 11
Views: 872

Re: Naturalisation after death of British citizen spouse

Sorry to hear about your loss. But it follows that you are no longer married to a British Citizen, and accordingly you need to have held ILR for at least one year before making your Naturalisation application. When you make your Naturalisation application, do make sure that you pass all the other ru...
by John
Sat Aug 13, 2016 5:55 pm
Forum: Claiming Benefits
Topic: How to claim retirement pension
Replies: 6
Views: 532

Re: How to claim retirement pension

According to :-

https://www.gov.uk/new-state-pension

-:
You’ll usually need 10 qualifying years to get any new State Pension.
On this webpage :-

https://www.gov.uk/new-state-pension/eligibility

-: it gives more detail.
by John
Fri Aug 05, 2016 10:43 am
Forum: Claiming Benefits
Topic: Child Benefit problem
Replies: 5
Views: 539

Re: Child Benefit problem

Im from eea and my partner is pakistani
Are the two of you married? That is, legally married?

If not married then how long have the two of you lived together?
by John
Sat Mar 12, 2016 11:27 am
Forum: Indefinite Leave to Remain
Topic: Re: Life in UK for Disabled Dependent
Replies: 15
Views: 626

Re: Life in UK for Disabled Dependent

Have a look at :- https://www.gov.uk/english-language/exemptions -: where it says :- 2. Who doesn't need to prove their knowledge of English You don’t need to prove your knowledge of English if you’re: aged 65 or over unable to, because of a long-term physical or mental condition You must provide a ...
by John
Sat Mar 05, 2016 8:51 am
Forum: Referendum-News and Developments
Topic: UK-EU deal: ramifications
Replies: 18
Views: 3140

Re: UK-EU deal: ramifications

The new section now exists!

Any problems? Such as lack of rights as a Moderator, do let me know.

I suspect that a number of existing topics should now be moved into the new section.
by John
Sat Mar 05, 2016 8:36 am
Forum: Referendum-News and Developments
Topic: UK-EU deal: ramifications
Replies: 18
Views: 3140

Re: UK-EU deal: ramifications

How long will the threads remain accessible? To emphasise what I said before, discussions about the restriction to EU freedom of movement will be just as applicable one month after a vote to remain in the EU as they are one month before. Deleting them in the week after the referendum would not be a...
by John
Fri Mar 04, 2016 9:14 pm
Forum: Referendum-News and Developments
Topic: UK-EU deal: ramifications
Replies: 18
Views: 3140

Re: UK-EU deal: ramifications

OK, unless anyone comes up for a reason or argument against, I shall create that new section tomorrow.
by John
Fri Mar 04, 2016 1:50 pm
Forum: Referendum-News and Developments
Topic: UK-EU deal: ramifications
Replies: 18
Views: 3140

Re: UK-EU deal: ramifications

Would it make sense if we created a new section of this board, dealing just with the implications, or possible implications, arising from the EU Referendum? I think we have done this in the past, just before a General Election, and following the election that section was deleted. Shall we do the sam...
by John
Wed Mar 02, 2016 12:31 pm
Forum: British Citizenship
Topic: Naturalisation with ILR based on DV
Replies: 9
Views: 2313

Re: Naturalisation with ILR based on DV

It is a great shame that UKBA cannot actually give correct guidance. The booklet correctly talks about a "qualifying period" but incorrectly interprets the legislation concerning that. I reiterate, there is no particular requirement to live in the UK for all of the qualifying period, but there are r...
by John
Wed Mar 02, 2016 12:10 pm
Forum: British Citizenship
Topic: Naturalisation with ILR based on DV
Replies: 9
Views: 2313

Re: Naturalisation with ILR based on DV

If the husband will cooperate (so that she can apply as a spouse), it will require proof of 3 years residency in UK. 3 years residency? Not quite right, but it might be academic in this case. The requirement is to has been physically in the UK exactly three years before the form AN is submitted, an...
by John
Mon Feb 15, 2016 8:17 am
Forum: Claiming Benefits
Topic: Over payment of child benefit
Replies: 17
Views: 1174

Re: Over payment of child benefit

Maistone252, you are right, neither Malaysia nor Singapore has a Social Security agreement with the UK.

However I think it was worth checking this aspect.
by John
Sun Feb 14, 2016 8:08 pm
Forum: Claiming Benefits
Topic: Over payment of child benefit
Replies: 17
Views: 1174

Re: Over payment of child benefit

Maistone252, can you say what is the nationaliy of you and your spouse?

Also, prior to coming to the UK, if either of you worked in another country, not that of your nationality, please give details.
by John
Sun Feb 14, 2016 2:38 pm
Forum: Claiming Benefits
Topic: benifit claim effect my wife tier 1 ILR
Replies: 6
Views: 560

Re: benifit claim effect my wife tier 1 ILR

As I have said a number of times before on this board, the form is badly designed. It asks a very specific question about whether Public Funds are being claimed, and then lists a number of benefits that may or may not be within the definition. Hmmm! Let's just recap, firstly the Introduction part of...
by John
Sat Feb 13, 2016 9:07 am
Forum: Claiming Benefits
Topic: What Am I Entitled To?
Replies: 5
Views: 337

Re: What Am I Entitled To?

2. No, it won't affect her spouse visa if you claim in joint names
Absolutely correct, and more.

For one of a couple to claim Child Credits in their sole name could amount to benefit fraud. And that could have an impact upon a future visa application.
by John
Fri Dec 11, 2015 11:13 am
Forum: British Citizenship
Topic: Divorce affecting naturalisation application submission
Replies: 5
Views: 662

Re: Divorce affecting naturalisation application submission

You will remain married to your spouse until the Decree Absolute is issued.

The issuing of a divorce petition does not in itself change your status.
by John
Tue Dec 08, 2015 7:54 pm
Forum: Claiming Benefits
Topic: public funds When children are living abroad
Replies: 2
Views: 358

Re: public funds

Well no, see this page from the HMRC Manuals :- http://www.hmrc.gov.uk/manuals/ccmmanual/ccm18040.htm So an eight-week limit on the child being outside the UK, and your children have been outisde the UK, indeed outside the EEA, for well in excess of eight weeks. The provision is effectively used by ...
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