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Search found 91 matches

by penanglad
Mon Jul 20, 2009 9:30 am
Forum: General UK Immigration forum
Topic: BOCs in Limbo - AIT decision
Replies: 4
Views: 2939

A stateless limbo Eurofile by CHOI TUCK WO The Star FOR Anne and Philip, their wedding next month should be the happiest day of their lives. Yet, amid the joy of marrying the person she loves, the bride-to-be is filled with a tinge of sadness as the big day approaches. By a cruel twist of fate, the ...
by penanglad
Fri Jul 17, 2009 4:54 pm
Forum: Ireland
Topic: Tighter visa rules may be imposed on 11 countries
Replies: 7
Views: 2878

This is interesting . . . is there any tangible evidence for the assertion that Britain considered implementing visas for Malaysians on account of the BOC / renunciation issue? The numbers are so small- c.500 or so? I am generally aware that Malaysia narrowly escaped being included on the list of v...
by penanglad
Fri Jul 17, 2009 4:08 pm
Forum: General UK Immigration forum
Topic: BOCs in Limbo - AIT decision
Replies: 4
Views: 2939

Having now read the full decision, I do not really have any major criticism of the reasoning, which seems to be confined to the facts of the cases. The main points were: 1) Regardless of whether or not the Lee Thean Hock case was right, none of the applicants had actually been deprived of their citi...
by penanglad
Sun May 17, 2009 9:40 am
Forum: General UK Immigration forum
Topic: "Retroactive" ILR
Replies: 10
Views: 3405

I looked into this back in 2005 and wrote a few posts on the subject which no-one could answer: http://www.immigrationboards.com/viewtopic.php?t=2050&highlight= . At the time, there was no reference in the IDIs to the concessions having been abolished, but the work permit and retired persons of inde...
by penanglad
Tue Aug 19, 2008 7:09 pm
Forum: General UK Immigration forum
Topic: UK Overseas Citizen Passport Holder & Health Provision i
Replies: 12
Views: 2583

The important question is, does her passport say "Holder is entitled to readmission to the United Kingdom", or does it say "Holder is subject to control under the Immigration Act 1971? This will be on the Observations page on the other side of the photo page. If the former, then she can come back to...
by penanglad
Tue Aug 12, 2008 10:46 am
Forum: Indefinite Leave to Remain
Topic: Re: Thank God - ILR Success under Chp 18
Replies: 53
Views: 20367

I am still within the three months time limit from the date of the recon refusal to file for JR. The recon application was also submitted as a pre-action protocol / bundle. I honestly feel that a settlement would have been reached had the JR gone in. Becasue I don't think they have any strong defen...
by penanglad
Tue Aug 12, 2008 10:38 am
Forum: Indefinite Leave to Remain
Topic: Re: Thank God - ILR Success under Chp 18
Replies: 53
Views: 20367

[quote="paulp"]Penanglad, have you seen this quote from Vinny for GK (Long residence –immigration history) Lebanon [2008] UKAIT 00011: " 1.When issues arise as to whether a person has accrued sufficient continuous residence under the long residence provisions of para 276A, so as to establish eligi...
by penanglad
Mon Aug 11, 2008 8:30 pm
Forum: Indefinite Leave to Remain
Topic: Re: Thank God - ILR Success under Chp 18
Replies: 53
Views: 20367

Any other suggestions as to what I could do? Should I re-apply? Should I get solicitors to write back to HO to give me an appeal? If I re-apply now won't it be automatically refused since I am an overstayer? I have been told I can re-apply on the basis that I have had ten years continuous residence...
by penanglad
Mon Aug 11, 2008 8:25 pm
Forum: Indefinite Leave to Remain
Topic: Re: Thank God - ILR Success under Chp 18
Replies: 53
Views: 20367

William, I will point you to a little thing before you dismiss the "scenario ... is irrelevant". Before 2000, there were such things as multiple entry student visas. When you reentered the country, you were simply given new leave to complete previous leave. Instead of going off on tangents, keep it...
by penanglad
Mon Aug 11, 2008 8:19 pm
Forum: Indefinite Leave to Remain
Topic: Re: Thank God - ILR Success under Chp 18
Replies: 53
Views: 20367

William I think the issue is that when you returned you did not have existing leave, so unlike TT, you do not come within the Rule as drafted. Therefore you will either have to challenge the Rule itself as being irrational and therefore unlawful, since it would exclude a non-visa national who was in...
by penanglad
Tue Aug 05, 2008 7:24 pm
Forum: General UK Immigration forum
Topic: British Overseas Citizens etc.
Replies: 20
Views: 6452

The UK obviously feels it is in a unique situation, because of its imperial past, and has sadly not chosen to accede to the treaties you quoted without reservation. Personally, I think that simply asking for right of abode at this stage is unrealistic. It would be more productive to work for realist...
by penanglad
Tue Jun 10, 2008 3:01 pm
Forum: General UK Immigration forum
Topic: Am I a British Overseas Citizen???
Replies: 69
Views: 24674

And the following from the original debates in 1957: THE SECRETARY OF STATE FOR COMMONWEALTH RELATIONS AND LORD PRESIDENT OF THE COUNCIL (THE. EARL OF HOME) ... So far as Federal citizenship is concerned, I think common sense and common purpose have prevailed. Basic liberties are preserved, which sh...
by penanglad
Tue Jun 10, 2008 2:48 pm
Forum: General UK Immigration forum
Topic: Am I a British Overseas Citizen???
Replies: 69
Views: 24674

Because (and I don't understand why this was the case) the Federation of Malaya Independence Act 1957 contained no provision for loss of CUKC, you continued to be a CUKC after independence. Most people in this position, lacking the right of abode in the UK, went on to become BOCs. The reason is tha...
by penanglad
Fri May 02, 2008 9:19 pm
Forum: General UK Immigration forum
Topic: British Overseas Citizen Passport
Replies: 17
Views: 6170

To be fair, even many UK immigration officers don't understand how to deal with BOCs with right of readmission. It would be clearer if the endorsement said "Holder has the right to readmission to the UK without conditions"
by penanglad
Mon Apr 28, 2008 10:15 pm
Forum: General UK Immigration forum
Topic: British Overseas Citizen Passport
Replies: 17
Views: 6170

She does - she is essentially has no limitations on her residence in the UK.
by penanglad
Thu Apr 10, 2008 10:12 pm
Forum: General UK Immigration forum
Topic: boc with previous ILR
Replies: 21
Views: 5483

If the solicitor doesn't know about the special rules for BOCs with ILR I would be very concerned. Time to seek advice from another solicitor, I think. In fact, if they left in the early 1990s after 16 years, then husband may well have arrived before 1978 and obtained ILR before 1983. In that case ...
by penanglad
Wed Mar 26, 2008 12:05 pm
Forum: General UK Immigration forum
Topic: boc with previous ILR
Replies: 21
Views: 5483

If the solicitor doesn't know about the special rules for BOCs with ILR I would be very concerned. Time to seek advice from another solicitor, I think. In fact, if they left in the early 1990s after 16 years, then husband may well have arrived before 1978 and obtained ILR before 1983. In that case ...
by penanglad
Mon Mar 24, 2008 12:11 am
Forum: General UK Immigration forum
Topic: boc with previous ILR
Replies: 21
Views: 5483

JAJ, from what I understand she has leave to enter as a visitor, therefore does not have ILR. She is entitled to leave and re-enter as a returning resident, which would be the easiest way (I can't think of why her application for ILR in the UK is being refused). The issue seems to be that her solici...
by penanglad
Thu Mar 20, 2008 6:43 pm
Forum: General UK Immigration forum
Topic: boc with previous ILR
Replies: 21
Views: 5483

Rose Your solicitor is not paying attention to your particular circumstances. There was no need to renounce your husband's Malaysian citizenship. As you say, you should have returned to the UK as a returning resident. As JAJ has pointed out, you have the right to be admitted with indefinite leave at...
by penanglad
Thu Mar 20, 2008 6:17 pm
Forum: General UK Immigration forum
Topic: Preserving entitlement to register/naturalise
Replies: 1
Views: 822

Preserving entitlement to register/naturalise

I was wondering if there was any way to preserve a residence-based entitlement to register or naturalise as a British citizen, or to make the application and freeze it. E.g. a Malaysian citizen who had lived in the UK a long time, was returning to Malaysia but wanted to keep open the option of retur...
by penanglad
Wed Feb 20, 2008 12:50 am
Forum: General UK Immigration forum
Topic: BOC and Stateless cause by solicitor's fault. Need helps.
Replies: 14
Views: 3625

Mick - you will automatically qualify for ILR after 14 years, but that is a long time not to be able to travel. I don't know when you should apply for ELR, you should perhaps contact a solicitor.
by penanglad
Tue Feb 12, 2008 4:20 pm
Forum: General UK Immigration forum
Topic: BOC and Stateless cause by solicitor's fault. Need helps.
Replies: 14
Views: 3625

Mick Did your solicitor apply for exceptional/discretionary leave to remain (ELR) or indefinite leave to remain (ILR)? The situation with BOCs who are otherwise stateless and non-returnable (in "limbo") is detailed below. You may wish to consult another solicitor who may be able to advise whether yo...
by penanglad
Sun Jan 13, 2008 10:27 pm
Forum: General UK Immigration forum
Topic: BOC and the Malaysian passport - please advise!
Replies: 19
Views: 8422

A British Overseas Citizen is a national of the UK, so the person is not stateless and the question does not arise. The Lee Thean Hock decision, which treats BOC status as not amounting to citizenship of a country outside the Federation, seems to have been made in complete ignorance of UK nationali...
by penanglad
Sun Jan 13, 2008 9:33 am
Forum: General UK Immigration forum
Topic: BOC and the Malaysian passport - please advise!
Replies: 19
Views: 8422

Not that I'd recommend it, but the truly desperate BOC with no intention to travel could renounce their Malaysian citizenship. In those circumstances, the UK government would be unable to deport him as he had no right of abode in Malaysia. However, he would be unable to regularise his status, as th...
by penanglad
Fri Jan 11, 2008 6:18 pm
Forum: General UK Immigration forum
Topic: BOC and the Malaysian passport - please advise!
Replies: 19
Views: 8422

Actually, the situation is as below. This was previously not available on the IND website until a few of us asked for it through the FoIA: IDI Nov/04 CH22 SECT2 – UNITED KINGDOM PASSPORTS Granting discretionary leave Discretionary leave for a period of 6 years (3 years followed by 3 years) may be ...
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