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by avjones
Mon Mar 30, 2020 12:24 am
Forum: British Citizenship
Topic: Naturalisation Refused help needed
Replies: 23
Views: 3182

Re: Naturalisation Refused help needed

I've already posted some cases higher up the thread!

Amanda
by avjones
Mon Mar 30, 2020 12:24 am
Forum: Immigration for family members
Topic: Applying for ilr under 10 year continuous route
Replies: 6
Views: 300

Re: Applying for ilr under 10 year continuous route

Yasar wrote:
Sun Mar 29, 2020 11:36 am
Hi

I was wondering if some one could shed some light on what finances I would need to show regarding this application of ilr under the 10 year continuous residency. Does the £18600 apply for this application or not. Thank you.

No, it doesn't apply.
by avjones
Mon Mar 30, 2020 12:22 am
Forum: General UK Immigration forum
Topic: Judicial Review-Private Life Route Unfair & Disproportionate
Replies: 12
Views: 938

Re: Judicial Review-Private Life Route Unfair & Disproportionate

However, to those of you who assume that I have been living here illegally, and or have been working illegally and therefore not paid tax, I say you are completely WRONG. I can confirm that I have been residing in the UK legally and I have paid, and continue to pay taxes through PAYE, annual self-a...
by avjones
Sun Mar 29, 2020 12:51 am
Forum: British Citizenship
Topic: Naturalisation Refused help needed
Replies: 23
Views: 3182

Re: Naturalisation Refused help needed

Exercise of a discretion is subject to judicial review.
by avjones
Sun Mar 29, 2020 12:18 am
Forum: British Citizenship
Topic: Unsuccessful application due to absence
Replies: 6
Views: 764

Re: Unsuccessful application due to absence

A discretion can be judicially reviewed. A discretion must be exercised lawfully. OM, R (On the Application Of) v Secretary of State for the Home Office [2016] EWHC 1588 (Admin) "In any challenge to a refusal of an application on good character grounds the question is not whether the Secretary of St...
by avjones
Sat Mar 28, 2020 11:44 pm
Forum: Immigration for family members
Topic: Fiance visa
Replies: 9
Views: 482

Re: Fiance visa

That is absolutely not enough detail to be sure. Where were the parties at the time? Did the divorce comply with Pakistani law?
by avjones
Sat Mar 28, 2020 11:44 pm
Forum: British Citizenship
Topic: Unsuccessful application due to absence
Replies: 6
Views: 764

Re: Unsuccessful application due to absence

That is absolutely not the case.

I've been instructed in many such applications.
by avjones
Sat Mar 28, 2020 11:43 pm
Forum: British Citizenship
Topic: Naturalisation Refused help needed
Replies: 23
Views: 3182

Re: Naturalisation Refused help needed

You absolutely can bring a case for rejection of nationality via JR in the High Court! I've done it. Lots of times.

Most recently, a successful judicial review of a decision by the SSHD not to register a British National (OVerseas) as a British Citizen - judgment was given in January.

Amanda
by avjones
Sat Mar 28, 2020 11:10 pm
Forum: General UK Immigration forum
Topic: Judicial Review-Private Life Route Unfair & Disproportionate
Replies: 12
Views: 938

Re: Judicial Review-Private Life Route Unfair & Disproportionate

Discrimination under both the ECHR and the Equality Act 2010 is not straight forward in terms of immigration law. Immigration requirements by their very nature are discriminatory, and there are many exceptions for immigration decisions. Other points to consider - do you have standing? That is, are y...
by avjones
Sat Mar 28, 2020 10:56 pm
Forum: British Citizenship
Topic: Unsuccessful application due to absence
Replies: 6
Views: 764

Re: Unsuccessful application due to absence

The fact that the days of absence didn't cause an issue for ILR in a particular category is irrelevant for the purposes of naturalisation. The reconsideration process has no time limit. If it gets very long, the delay can be challenged by judicial review. You are nowhere near that length of delay, y...
by avjones
Sat Mar 28, 2020 10:51 pm
Forum: British Citizenship
Topic: British Citizenship - Good character question
Replies: 7
Views: 885

Re: British Citizenship - Good character question

Declaring it is unlikely to have a serious effect.

Not declaring it could land you in a world of trouble for non-declaration.

Amanda
by avjones
Sat Mar 28, 2020 10:50 pm
Forum: British Citizenship
Topic: Naturalisation Refused help needed
Replies: 23
Views: 3182

Re: Naturalisation Refused help needed

Don't go straight to pre-action protocol / JR. You cannot bring a judicial review if you have an adequate alternative remedy. A right to reconsideration is a suitable alternative. So do that first. It is essential you provide clear details of when you were working (payroll, etc) considered against y...
by avjones
Sat Mar 28, 2020 10:08 pm
Forum: Immigration for family members
Topic: Fiance visa
Replies: 9
Views: 482

Re: Fiance visa

I'm not entirely clear of the facts. See below. Your brother married in Pakistan, and his wife was a Pakistani Citizen who lives there. He is British and lives in the UK? His wife did not make an application to come to the UK as a partner. The couple were divorced - how exactly? The second marriage ...
by avjones
Sat Mar 28, 2020 10:05 pm
Forum: Immigration for family members
Topic: Applying for ilr under 10 year continuous route
Replies: 6
Views: 300

Re: Switching from 10 year partner route to ilr

Yes, it is. An application for ILR on the basis of long residence must show 10 years' continuous lawful residence. It doesn't matter what combination of student / work / family / S.3C leave status you had, so long as there are no breaks longer than 28 days (before Nov 2016) or 14 days (after Novembe...
by avjones
Sat Mar 28, 2020 10:01 pm
Forum: Immigration for family members
Topic: wife has visa , but has to leave 2 month old baby?
Replies: 17
Views: 1148

Re: wife has visa , but has to leave 2 month old baby?

You can apply (in normal times) for an expedited copy of the birth certificate, at extra expense.

Amanda
by avjones
Sat Jan 07, 2017 12:19 am
Forum: Immigration for family members
Topic: Second marriage before receiving decree nisi / absolute
Replies: 43
Views: 3554

Re: Second marriage before receiving decree nisi / absolute

What a relief!
by avjones
Wed Nov 30, 2016 3:14 pm
Forum: EEA-route Applications
Topic: De Novo hearing
Replies: 1
Views: 240

Re: No right of appeal against refusal of residence card to

Help you with what? A de novo hearing about what issue?
by avjones
Tue Nov 29, 2016 3:31 pm
Forum: EEA-route Applications
Topic: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW
Replies: 376
Views: 84552

Re: No right of appeal against refusal of residence card to

Quite possible the Home Office will appeal to the Upper Tribunal and say no jurisdiction.
by avjones
Wed Nov 02, 2016 11:09 pm
Forum: EEA-route Applications
Topic: SALA OVERTURNED BY COURT OF APPEAL NO LONGER GOOD LAW
Replies: 376
Views: 84552

Re: No right of appeal against refusal of residence card to

Thanks for the update
by avjones
Wed Nov 02, 2016 10:10 pm
Forum: General UK Immigration forum
Topic: FLR(O) waiting 4+ years
Replies: 4
Views: 691

Re: FLR(O) waiting 4+ years

It's not an absolute requirement that a solicitor drafts it
by avjones
Wed Nov 02, 2016 12:36 am
Forum: General UK Immigration forum
Topic: Judicial Review
Replies: 1
Views: 609

Re: Judicial Review

You haven't provided nearly enough information for anyone to be able to help at all.
by avjones
Wed Nov 02, 2016 12:24 am
Forum: General UK Immigration forum
Topic: My spouse visa revoked Bec of toeic
Replies: 41
Views: 3847

Re: My spouse visa revoked Bec of toeic

Just to make sure I've understood: 1. Your leave as a spouse was cancelled at the airport because of a previous TOEIC application; 2. Your appeal against that decision was dismissed by the First Tier Tribunal - why? Did they decide that you had cheated on the test as a fact? 3. Your appeal was not a...
by avjones
Wed Nov 02, 2016 12:15 am
Forum: Immigration for family members
Topic: Clarification for a Spousal Visa
Replies: 2
Views: 360

Re: Clarification for a Spousal Visa

There isn't a distinction any more for spouse / unmarried partner visa. They both come under "partner" visa and the visa itself doesn't say which catagory the person falls into. There is a definition of "partner" within the Immigration Rules Appendix FM, and it means either (1) a lawful marriage or ...
by avjones
Wed Nov 02, 2016 12:08 am
Forum: General UK Immigration forum
Topic: FLR(O) waiting 4+ years
Replies: 4
Views: 691

Re: FLR(O) waiting 4+ years

Has she seen a solicitor? Sounds like a case where it would be useful to see if a pre-action protocol letter for Judicial Review might spur someone into action.
by avjones
Wed Nov 02, 2016 12:06 am
Forum: General UK Immigration forum
Topic: 5 year visit visa
Replies: 5
Views: 608

Re: 5 year visit visa

Make sure that she doesn't ever look as if she is living here, in fact if not in law. 6 months' stay in the UK out of any 12 months is a very useful guide. Also make sure that she doesn't use any public services (such as the NHS) and that she had proper health insurance covering the UK; if she had a...
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