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by avjones
Sun Apr 24, 2016 2:55 pm
Forum: EU Settlement Scheme
Topic: Did we mess up the Residence Permit because we lied??
Replies: 32
Views: 1577

Re: Did we mess up the Residence Permit because we lied??

...as I commented earlier the the thread, the OP's stated love of the Gambian culture, over it appears her own British cultural background, may well go against her when claiming she would be unable to settle with her husband in Gambia. :| That's not particularly relevant for EEA cases, though. It's...
by avjones
Sun Apr 24, 2016 2:39 pm
Forum: EU Settlement Scheme
Topic: Did we mess up the Residence Permit because we lied??
Replies: 32
Views: 1577

Re: Did we mess up the Residence Permit because we lied??

They are still removing people under s.10 notices now, did you know? Qadri is apparently NOT going to be a reported case.
by avjones
Sun Apr 24, 2016 2:12 pm
Forum: EU Settlement Scheme
Topic: Did we mess up the Residence Permit because we lied??
Replies: 32
Views: 1577

Re: Did we mess up the Residence Permit because we lied??

Looks to me as if it has been:

"Came to my house before xmas 2014
We have proof of address since feb 2015
in May 15 we got married by double proxy.
Applied for residence card in August.
Got rejected in January."

And there is all the reference to previous Gambian husbands in the RFRL
by avjones
Sun Apr 24, 2016 1:57 pm
Forum: EU Settlement Scheme
Topic: My success story
Replies: 4
Views: 418

Re: My success story

Congratulations on getting it sorted out.

Atheists and agnostics, not to mention polytheists, also get PR and ILR, though. So there is no demonstrable immigration advantage to being a god-botherer.
by avjones
Sun Apr 24, 2016 1:53 pm
Forum: EU Settlement Scheme
Topic: Did we mess up the Residence Permit because we lied??
Replies: 32
Views: 1577

Re: Did we mess up the Residence Permit because we lied??

No, you are wrong. Normal criminal law applies to lying etc, it is leave / removals / deportations which take place under the EEA Regs, *not* criminal law. Various of the offences under the 1971 Act include illegal entry, or facilitating it (which happened in this case) and deception to avoid enforc...
by avjones
Sun Apr 24, 2016 1:10 pm
Forum: EU Settlement Scheme
Topic: Did we mess up the Residence Permit because we lied??
Replies: 32
Views: 1577

Re: Did we mess up the Residence Permit because we lied??

Wow, that is a mess. You should consider taking urgent legal advice, because there are a number of criminal offences that might have been committed on the basis of what you've said, let alone the immigration problems. Number of criminal offenses. I am lost. Yes they lied about when and how their re...
by avjones
Sun Apr 24, 2016 12:47 pm
Forum: EU Settlement Scheme
Topic: Did we mess up the Residence Permit because we lied??
Replies: 32
Views: 1577

Re: Did we mess up the Residence Permit because we lied??

Your own position is also under threat. EU citizens found to be lying to immigration officers can be in serious trouble in terms of their own reisdence in the UK, not just in relation to proxy-husband-number-3! Just for starters, all the following offences under the Immigration Act 1971 are worrying...
by avjones
Sun Apr 24, 2016 12:42 pm
Forum: EU Settlement Scheme
Topic: Baby for a EU citizen
Replies: 7
Views: 393

Re: Baby for a EU citizen

not yet have settled status in UK but you do possess a UK RC dating from March 2014. What is your quest? Is it a route to citizenship / passport for your child? If so, then for which citizenship(s): French, Italian, Israeli, British? Or all of the above? That would be a fair old amount of form-fill...
by avjones
Sun Apr 24, 2016 11:28 am
Forum: EU Settlement Scheme
Topic: Did we mess up the Residence Permit because we lied??
Replies: 32
Views: 1577

Re: Did we mess up the Residence Permit because we lied??

Wow, that is a mess.

You should consider taking urgent legal advice, because there are a number of criminal offences that might have been committed on the basis of what you've said, let alone the immigration problems.
by avjones
Sat Apr 23, 2016 12:52 pm
Forum: EU Settlement Scheme
Topic: Overstayer with an EU partner, and a child
Replies: 20
Views: 1175

Re: Overstayer with an EU partner, and a child

I know. That's why separately I pointed out she is exercising treaty rights! I am merely alerting the OP to check that his partner isn't being exploited by being underpaid
by avjones
Sat Apr 23, 2016 10:50 am
Forum: EU Settlement Scheme
Topic: Overstayer with an EU partner, and a child
Replies: 20
Views: 1175

Re: Overstayer with an EU partner, and a child

You should check the minimum wage regulations - 500 a fortnight doesn't sound like minimum wage.

She is "exercising treaty rights" by working, so you need to (1) show that she is doing that and (2) gather evidence that you are in a durable relationship
by avjones
Sat Apr 23, 2016 10:05 am
Forum: EU Settlement Scheme
Topic: Overstayer with an EU partner, and a child
Replies: 20
Views: 1175

Re: Overstayer with an EU partner, and a child

What is your partner doing in the UK? Working? Studying?
by avjones
Sat Apr 23, 2016 9:38 am
Forum: EU Settlement Scheme
Topic: Expired Passport-What to do?
Replies: 20
Views: 5638

Re: Expired Passport-What to do?

Noajthan has advised you at length and I gave him cudos for his contribution. It's unfortunate that the Home office doesn't want to just loose the application fee for PR if not people like yourself would have just apply for Naturalisation with just 6 years of your treaty right. But you still have t...
by avjones
Wed Apr 13, 2016 10:11 pm
Forum: General UK Immigration forum
Topic: ILR revoked due to TOEIC
Replies: 43
Views: 6162

Re: ILR revoked due to TOEIC

Because the Home Office can be complete idiots?

Only a guess, I don't know for sure.
by avjones
Thu Mar 31, 2016 10:02 am
Forum: Immigration for family members
Topic: Second marriage before receiving decree nisi / absolute
Replies: 43
Views: 4402

Re: Second marriage before receiving decree nisi / absolute

Pervaz wrote:Ive asked a few quotes from solictors in London and am getting quotes of GBP8-10,000 plus to prepare an application !!
it doesn't need to cost anything like that much.
by avjones
Wed Mar 30, 2016 10:36 am
Forum: General UK Immigration forum
Topic: JR Section 3c
Replies: 2
Views: 324

Re: JR Section 3c

usernew123 wrote:Hi,

I have a quick question. If someones ilr and AR is rejected and he is going for JR. Does section 3c applies to him? Can he working while waiting for JR decision?
No, s.3C doesn't apply.
by avjones
Wed Mar 30, 2016 9:03 am
Forum: Claiming Benefits
Topic: National Insurance numbers and working in UK
Replies: 26
Views: 1236

Re: National Insurance numbers and working in UK

Casa wrote:"difficult to recruit enough local women who were attractive looking" and "love the chance to come to the "rich west" as a bride"
Lost for words. :|
Yup. Stay classy, guys.
by avjones
Wed Mar 30, 2016 9:02 am
Forum: Claiming Benefits
Topic: National Insurance numbers and working in UK
Replies: 26
Views: 1236

Re: National Insurance numbers and working in UK

This is the link these days: https://www.gov.uk/apply-national-insurance-number I think that we will have to get an Action Plan. She comes here in April on a Visitor Visa. She cannot then work, but I have a few people lined up so that she can get careers advice and a taste of a local English course...
by avjones
Tue Mar 29, 2016 10:59 pm
Forum: Immigration for family members
Topic: Child of EU and non-EU parents
Replies: 14
Views: 574

Re: Child of EU and non-EU parents

@avjones Is there are risk that when the HO are notified of the intention to marry, they may take steps to remove her as an overstayer before the wedding can take place? The answer is - yes, they can. They shouldn't, and it doesn't happen very often, but it has been known. I have a case a bit like ...
by avjones
Tue Mar 29, 2016 7:41 pm
Forum: Immigration for family members
Topic: Spouse Settlement Visa Appeal Approx timescales -
Replies: 15
Views: 578

Re: Are solictors and other paid help sites a waste of money

Which makes me wonder where the solicitors think an appeal can go?
by avjones
Tue Mar 29, 2016 7:40 pm
Forum: Immigration for family members
Topic: Settlement visa - second marriage
Replies: 10
Views: 526

Re: Settlement visa - second marriage

What visa are you trying to get for your new husband? You are on a spouse visa yourself, is that right? You can't get a spouse visa dependent upon a spouse visa! Amanda, I had to read it a few times but it seems that the OP's intention is for her boyfriend in the UK to sponsor a new spouse settleme...
by avjones
Tue Mar 29, 2016 7:34 pm
Forum: Immigration for family members
Topic: Marriage Visitor Visa Intention for Settlement
Replies: 17
Views: 442

Re: Marriage Visitor Visa Intention for Settlement

I don't know all the details of your case, I can't advise you. I just don't know enough. The following legal principles might be relevant to your case: 1. If a case can't prove "insurmountable obstacles", then Article 8 (Private and family life) outside the Immigration Rules is much harder. There ar...
by avjones
Sun Mar 27, 2016 11:14 am
Forum: Immigration for family members
Topic: Marriage Visitor Visa Intention for Settlement
Replies: 17
Views: 442

Re: Marriage Visitor Visa Intention for Settlement

You need to show "insurmountable obstacles" to family life continuing in India. You are going to struggle with that. Your GF not fancying it much doesn't count.

And your immigration history is appalling, that will also count against you.
by avjones
Sun Mar 27, 2016 12:11 am
Forum: Immigration for family members
Topic: FLR(FP) privet life
Replies: 5
Views: 212

Re: FLR(FP) privet life

What happened when you reported the first time?
by avjones
Sun Mar 27, 2016 12:05 am
Forum: Immigration for family members
Topic: How to survive on one income with foreign spouse
Replies: 42
Views: 1781

Re: How to survive on one income with foreign spouse

You also need to prove that the marriage is "genuine and subsisting", as just being in existence in law isn't enough. In terms of the evidence, there are very detailed and specific requirements to prove income, etc. You need to read, and then re-read (as they were drafted by someone who liked to mak...
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