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by Kayalami
Wed May 23, 2007 10:57 pm
Forum: General UK Immigration forum
Topic: Court of Appeal Ruling - COA infringes human rights
Replies: 3
Views: 10023

Court of Appeal Ruling - COA infringes human rights

The Court of Appeal has ruled that the COA process infringes on human rights as it effectively labels the marriage process thereof as potentially sham without any conclusive proof of such. I expect the Home Office to either scrap the COA scheme or implement it for all marriages no later than the 3rd...
by Kayalami
Wed May 23, 2007 10:42 pm
Forum: Immigration for family members
Topic: Court of Appeal Ruling - COA infringes human rights
Replies: 30
Views: 25855

Court of Appeal Ruling - COA infringes human rights

The Court of Appeal has ruled that the COA process infringes on human rights as it effectively labels the marriage process thereof as potentially sham without any conclusive proof of such. I expect the Home Office to either scrap the COA scheme or implement it for all marriages no later than the 3rd...
by Kayalami
Wed Dec 20, 2006 11:01 pm
Forum: General UK Immigration forum
Topic: questions .... am I British?
Replies: 16
Views: 5850

I note that the OP has not actually stated where he/she was born. Reading his/her first post one could potentially misconstrue that he/she was born in Scotland when his/her mother was 'living there'. It may be more likely he/she was born in Canada.
by Kayalami
Wed Dec 20, 2006 10:57 pm
Forum: General UK Immigration forum
Topic: VISA Expires in 2 months - how to get through immigration?
Replies: 12
Views: 4601

Phil_C, Your second sentence adds to that the ECO is not satisfied that on the balance of probabilities she is a bonafide student - the ECO construed a you were going for pseuodo settlement position. Technically her student visa is no longer valid given that she does not fulfil the criteria for its ...
by Kayalami
Wed Dec 20, 2006 10:50 pm
Forum: General UK Immigration forum
Topic: Keeping both passports!!
Replies: 11
Views: 4792

mountaingirl,

At worst you would be prosecuted by both:

1. The Indian government for fraudelent use of its national passport to which you no longer have entitlement to and

2. The relevant country to which you have used the above passport to enter.

What would you do then?
by Kayalami
Wed Dec 20, 2006 10:33 pm
Forum: General UK Immigration forum
Topic: have I messed things up forever?
Replies: 4
Views: 2682

You are somewhat of a rarity in my years on this forum - You acknowledge your application was ill prepared. It is often better for non visa nationals (those who do not need a visa to visit the UK) to not apply for a visitors visa than apply for one when the application is not water tight. Many peopl...
by Kayalami
Wed Dec 20, 2006 10:11 pm
Forum: General UK Immigration forum
Topic: Questions on arrival at Heathrow/Gatwick
Replies: 16
Views: 17409

John, Concur there are occassions where the EU/EEA qeues are significantly longer than those for 'other passports' and as such it takes longer to get through - this is often the case for smaller/ regional ports or from observation when I've been on transatlantic flights getting here at dawn. On the ...
by Kayalami
Wed Dec 20, 2006 10:04 pm
Forum: Immigration for family members
Topic: Spouse visa and passport
Replies: 3
Views: 2400

1. Entry Clearance Application You can ask for your passport back pending an interview being scheduled, decision being made, if required for banking or any other bonafide reason for such etc. - the two I initially mention tend to be the main ones. This has no impact on your application. However you...
by Kayalami
Wed Dec 20, 2006 9:51 pm
Forum: General UK Immigration forum
Topic: Student need to visit his parents ?
Replies: 1
Views: 1476

Your parents must meet the requirements of the immigration rules in the visitor category. The burden of proof that they are bona fide applicants is on them. Given the expense for overseas students in the UK my initial presumption is that their socio-economic ties back home are such that they would m...
by Kayalami
Wed Dec 20, 2006 9:42 pm
Forum: General UK Immigration forum
Topic: Advice
Replies: 5
Views: 2648

So what were the biometrics/ fingerprints for? Is this the requirement that commenced at the Colombo post then on to posts in East Africa? Did you get your WP visa in Sri Lanka?
by Kayalami
Mon Dec 18, 2006 11:42 pm
Forum: General UK Immigration forum
Topic: Hopeless question...
Replies: 2
Views: 1650

halfluke, If I recall correctly the SEGS (Science and Engineering Graduates Scheme) which previously enabled those with bachelor degrees from UK institutions to work in the UK for 1 year after completing their studies was extended to those with obtaining a UK Masters in any subject from 1 May 2006. ...
by Kayalami
Mon Dec 18, 2006 10:25 pm
Forum: General UK Immigration forum
Topic: have I messed things up forever?
Replies: 4
Views: 2682

Newbie, Put yourself in the Entry Clearance Officers shoes. You have spent 2 years working in the UK and now want to return to the UK after 3 months back home to visit for Christmas. The ECO is concerned you have no ties in RSA to motivate a return and rather more substantial ties to keep you in the...
by Kayalami
Mon Dec 18, 2006 10:14 pm
Forum: General UK Immigration forum
Topic: Advice
Replies: 5
Views: 2648

pra S, It would be helfpul if you detailed your UK immigration history. You mention biometrics collection and a previous interview - do you have a formal WP under the WP scheme or are you allowed to work by dispensation as your asylum case is being considered? Why does your employer not want to re-e...
by Kayalami
Mon Dec 18, 2006 10:03 pm
Forum: Canada forum
Topic: Move to another Country after submission?
Replies: 3
Views: 2187

1. You can submit a change of address and the visa office will correspond with you on the same - see point 3 though. 2. If interview required you will have one in the US. The Canadians will not get involved in any applications for a US visa if you need one. If you are unable to attend the interview ...
by Kayalami
Mon Dec 18, 2006 9:56 pm
Forum: Canada forum
Topic: Parent was a Canadian Native
Replies: 1
Views: 1585

What is your date of birth? This has a bearing on the answer.
by Kayalami
Mon Dec 18, 2006 9:44 pm
Forum: General UK Immigration forum
Topic: Questions on arrival at Heathrow/Gatwick
Replies: 16
Views: 17409

Marie, IO's have a duty to conduct their role in a corteous manner. Where such has not been the case there is a complaints procedure as highlighted by John. On the whole though IO's have the right to ask pretty much any question to reach a decision pertaining to leave to enter - sometimes this regre...
by Kayalami
Sun Dec 10, 2006 11:04 pm
Forum: General UK Immigration forum
Topic: Was I an overstayer?
Replies: 4
Views: 2337

Saffer, 1. Entries are recorded. Exits sometimes - I've been in and out of LHR Terminal 3 on several occasions in the last 3 weeks and there were exit checks on two occasions. I expect this to be stepped up as we go towards X-mas...all those overstayers going home would be the rationale. Plans are u...
by Kayalami
Thu Nov 23, 2006 10:39 pm
Forum: General UK Immigration forum
Topic: A bit weird situation.. Help needed
Replies: 1
Views: 1691

1. Yes - this is the best option. No you should not wait until your spousal visa runs out - get a WP application and approval immediatley. Once the WP approval is granted you need to return to your home country and apply for a WP entry clearance. 2. Your choice but the WP would be the better and pos...
by Kayalami
Thu Nov 23, 2006 10:18 pm
Forum: General UK Immigration forum
Topic: From Unmarried visa to ILR visa...do I use SET(M) form?
Replies: 11
Views: 4127

It seems the OP was issued with a 2 year visa as the unmarried partner of a person present and settled in the UK upon application for such on Form FLR(M). I presume her partner holds ILR (and did so at FLR-M stage) by virtue of exercising treaty rights over a period of 4 years prior to the recent up...
by Kayalami
Sun Nov 19, 2006 9:05 pm
Forum: General UK Immigration forum
Topic: British Naturalisation...Calculating the 5yrs???
Replies: 5
Views: 2527

Newbie wrote:-he first arrived in UK on 01/11/2001
What was the basis of his entry i.e. visa status? This determines the legality of his stay and its consideration as legal.
by Kayalami
Sun Nov 19, 2006 5:20 pm
Forum: General UK Immigration forum
Topic: Passport at home Office for 2 & 1/2 years**student visa*
Replies: 5
Views: 1515

XO, I'l be somewhat blunt - (i) you are an in breach of your conditions because you have remained in the UK beyond the validity of the your visa - waiting for the Home Office to deal with your case is moot since technically you shouldn't have been here to make that application (ii) you are an overst...
by Kayalami
Sun Nov 19, 2006 5:11 pm
Forum: General UK Immigration forum
Topic: Salary Increase Work Permit Holder Same Employer&Positio
Replies: 17
Views: 4296

No need to inform unless the increase is based on a substantial change in your job/ role that would fall in the realms of a 'new job'/ technical change. What a generous employer you have :lol: .
by Kayalami
Sun Nov 19, 2006 5:08 pm
Forum: General UK Immigration forum
Topic: Schengen visa needed for ireland?
Replies: 9
Views: 2379

Brit Chick, The Republic of Ireland is not party to the Schengen Agreement. Your spouse must apply for a category 'C' visitors visa from the Irish Consulate in London. As the spouse of an EU national the visa will be granted free of charge subject to provision of your British passport and marriage c...
by Kayalami
Sun Nov 19, 2006 2:55 pm
Forum: US immigration
Topic: processing time for family based immigration
Replies: 6
Views: 2157

Thanks for your reply, one more question what is the rate of success even waiting for 15 years will it come in positive or there are chances that they may REJECT. thanks As per Marco's comments you are not home dry until the immigrant visa is issued. Rejections are usually due to misrepresentation ...
by Kayalami
Sun Nov 19, 2006 2:49 pm
Forum: US immigration
Topic: Can fiance still travel to the U.S. after visa rejection?
Replies: 2
Views: 1511

Suggest she does not enter the US under the Visa Waiver Programme. The VWP is for non immigrant visitors coming to the use for max 90 days...your comments lead me to believe you've filed for a K1 which is an immigrant visa so its obvious she is not a bona fide candidate for the VWP....that's how the...
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