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

Amanda

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.

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...

Exercise of a discretion is subject to judicial review.

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...

That is absolutely not enough detail to be sure. Where were the parties at the time? Did the divorce comply with Pakistani law?

That is absolutely not the case.

I've been instructed in many such applications.

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

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...

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...

Declaring it is unlikely to have a serious effect.

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

Amanda

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...

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 ...

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...

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

Amanda

What a relief!

Help you with what? A de novo hearing about what issue?

Quite possible the Home Office will appeal to the Upper Tribunal and say no jurisdiction.

Thanks for the update

It's not an absolute requirement that a solicitor drafts it

You haven't provided nearly enough information for anyone to be able to help at all.

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...

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 ...

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.

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...