Jes, The scenario that you mention is precisely what the new IDI's are trying to catch out. From a reading of the IDI's, a person coming back to the UK having made a new EC application abroad will have his clock reset, irrespective of the fact that his previous leave has not expired whereas a person...

John, Look at paragraph 2.1.3 and especially the part that provides, " A person who leaves the UK when one period of leave expires, and comes back with a fresh grant of leave, will not be resuming his continous residence, but will instead be starting a new period of residence in the UK." This effect...

The 10 year rules have been changed recently and you can only qualify if all the visa extensions were done from within the UK.

Have a good read of this document:

http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

You may be eligible to apply for ILR immediately under the 10 years rule. Have you checked this out?

Look for posts by a member called "British", I believe his spouse had problems applying for ILR because of excess absence from the UK.

I have just come across this recent ECJ case summary which may bring hope to people awaiting the EU1 case outcome.

http://www.gherson.com/articles/jia-in- ... e-analysis

Your husband can apply for British Citizenship immediately using the ppron method (search for it on this board) on the basis that he has lawfully stayed in the UK for at least 3 years and is married to a British Citizen.

It appears that your husband can apply for British Citizenship immediately without having to apply on form SET M (ILR). This can be done via the ppron method on the basis that he is married to a British Citizen (which he will continue be until the decree absolute comes through) and on the basis that...

You have got nothing to worry about. Just enter the UK before the expiry date stamped on the ILE. She can apply for naturalisation after 3 years from the date she enters the UK on her ILE and she will need the Life in the UK test pass then (and whatever other rules they come up with in 3 years time).

Read this page on the BIA website:

http://www.ind.homeoffice.gov.uk/applyi ... fpassports


What if I need my passport to open a bank account or get a driving license?

If you want your passport back to open a bank account or get a driving license, we will make arrangements to help you.

How old is your child? If your husband adopts, him, the child may be entitled to registration as a British Citizen which may be done from the UK. You need to get legal advice on this. If the adoption route is not taken, the child will have to travel with you home, you cannot make an application for ...

Thanks John & JAJ, It appears that the kids will have no option but to to get settlement visas for the UK for a S. 3(1) application. I also notice that kids over 10 years need to be of good character. It's a pity the mum had no option to put the kids names down on her British Citizenship application...

Thanks for your reply John. In that case, it would appear that the children would need to come to the UK under visitors visas and then applications lodged for discretionary registration. I was hoping that the applications could be made directly from Kenya as this would have saved the hassle of visa ...

JAJ, There is something in the Nationality Instructions which say that children under the age of 13 years would not require any residence in the UK (if they reach 13 years, they would require 2 years residence). See here paragraph 9.15.19 http://www.ind.homeoffice.gov.uk/documents/nichapter9/chapter...

I believe that an application may be made under S. 3(1) of the BNA 1981 for the Home Secretary to exercise discretion and there would be no residence required in the UK as the children are under 13 years old.

I just need someone to confirm this and give any tips.

Hi all, Here is my query: Mother of two children (both currently living in Kenya and holding Kenyan passports) was previously a BOC and has now been registered as a British Citizen. Both children are under the age of 10 years. Is it possible to register the children as British Citizens and if yes, o...

I am inclined to agree with John regarding raising of the marriage age to 21 for immigration purposes. If this requirement is introduced by simply amending the immigration rules, it is bound to be challenged successfully in the courts because the minimum age for marriage without the consent of a par...

How was your wife's naturalisation application lodged, NCS, postal? If NCS, she should have her passport with her. Even if it is a postal application, she can ask for her passport to be returned if she wants to travel and there would be no need to withdraw the naturalisation application. Further det...

In my opinion this £22 fee can and ought to be challenged as an indirect visa fee on EEA family members as the Belgian Embassy doesn't give an option for people not to use their visa agent.

David,

You can live in any EU country, have you thought about Ireland?

Smit

David, You can try going down the Surinder Singh route-see http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1036679156328#point%20four%20eight You (and spouse) need to exercise treaty rights in another EU country for 6 months (there is discretion on this) aft...

I suggest that you get SOLVIT involved, see http://ec.europa.eu/solvit/

James, Your strategy is risky and if you are caught out, you can kiss your chances of living in the UK goodbye. Remember that James will make the ILR application and James (irrespective of nationalities, passports etc. that James may hold) has not lived in the UK for the required 2 year period. I am...

Your employer should give you a P45 when your employment with them ends.

There is no obligation on them to give you experience letters or references, this is at their discretion.

Don't forget the P45 form.