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by IMMIGRATION LAWYER
Sun Mar 30, 2008 9:27 pm
Forum: General UK Immigration forum
Topic: Will my ILR be refused as i have been working for 11 years!
Replies: 5
Views: 1632

The applicant’s employment record will often be a significant consideration. The main purpose of the two Long Residence rules is to enable people who have been working here, or otherwise contributing to the economy, to regularise their position. Therefore, caseworkers need to consider what the pe...
by IMMIGRATION LAWYER
Sun Mar 30, 2008 9:23 pm
Forum: General UK Immigration forum
Topic: Need advice for ILR
Replies: 5
Views: 1401

Hello,

Please clarify whether it was a merge of the old company by a new company or you were posted to a different brach with different job ?
by IMMIGRATION LAWYER
Sun Mar 30, 2008 9:21 pm
Forum: General UK Immigration forum
Topic: What if an AIT appeal is UNsuccessful what happens next?
Replies: 48
Views: 8736

Hello, As a lady she has a bit nore chances of success with that, although there must be QUITE some evidence to prove that her life is in real danger if she returns. I wold say that her chances of success are slim, unless she gets legal aid=public funded lawyer and it goes on and on and on...AIT...H...
by IMMIGRATION LAWYER
Sun Mar 30, 2008 9:15 pm
Forum: General UK Immigration forum
Topic: problem experience, after entry clearance obtained
Replies: 3
Views: 1102

Hello, A bit unusual but one can expect that from the Home Office. Just follow the recommendation of the officer. It looks like there is a records that your visa expired and that you were due to leave the counrty (which you did). As WP and marraige are QUITE different categories the IO could suspect...
by IMMIGRATION LAWYER
Tue Mar 18, 2008 11:25 pm
Forum: General UK Immigration forum
Topic: Asylum (Dependent Visa)
Replies: 5
Views: 1360

What prevents her to return and join you under the rules as your dependant ?

You could wait x years.

The situation does not look good to me.
by IMMIGRATION LAWYER
Tue Mar 18, 2008 11:23 pm
Forum: General UK Immigration forum
Topic: Spouse VISA Refused can one apply for visit visa
Replies: 5
Views: 1649

technically it may be refused as the previou appplication was for Settlement, and now the person applies for a temporary visit ?

All depends on the merits of the application.

For example, a visitor visa to attend an appeal in the UK is likely to be granted.
by IMMIGRATION LAWYER
Tue Mar 18, 2008 11:22 pm
Forum: General UK Immigration forum
Topic: boc with previous ILR
Replies: 21
Views: 5500

Difficult to say indeed.

What does your solicitor mean implying to differenciate your case from...xxx ?
by IMMIGRATION LAWYER
Tue Mar 18, 2008 11:20 pm
Forum: General UK Immigration forum
Topic: Visitor Visa for Ukrainian Girlfriend.
Replies: 10
Views: 3768

Hello, I am dealing with a number of Ukrainian clients on daily basis. The success of your partner's application will depend on whether she is going to VISIT you or STAY with you. Any hint on that she is going to STAY/LIVE etc with you is likely to result in a refusal. So, keep it to a coulle of wee...
by IMMIGRATION LAWYER
Tue Mar 04, 2008 10:45 pm
Forum: General UK Immigration forum
Topic: Appeal on thursday - any advice welcome.
Replies: 1
Views: 795

Your chances of success would be higher if she applied being 65 or over.

Where did she apply from ? UK or India ?

The AIT would consider the facts at the application in most cases.
by IMMIGRATION LAWYER
Tue Mar 04, 2008 10:42 pm
Forum: General UK Immigration forum
Topic: EEA2 pending case urgent advice pleaseh
Replies: 2
Views: 1006

The case could be considered on its merits.

The daughte is an EEA national. Is she working in the UK ? Can she prove that ?

Have they been living together "under the same roof" ?

A reporting condition must be observed (IS96), as otherwise a lady maybe detained and removed (certainly NOT deported).
by IMMIGRATION LAWYER
Tue Mar 04, 2008 10:38 pm
Forum: General UK Immigration forum
Topic: What happens next after a successful appeal?
Replies: 5
Views: 4376

Hello, 1. Wait for a determination. 2. If successful, wait for another couple of weeks and chase the AIT. If no objection from the Home Office was received, send a copy of the determination to the Embassy/High Commission. 3. Chase the HOPO and ask him to forward a copy to the UK Visas. 4. Chase the ...
by IMMIGRATION LAWYER
Tue Mar 04, 2008 10:34 pm
Forum: Indefinite Leave to Remain
Topic: ILR refusals on ground of absences
Replies: 49
Views: 37824

I do not think that a reconsideration will work. That normally work with administrative errors, slips of a pen etc.

You do have a right for an appeal under human rights, though.

I had a similar case last years.

Went as high as a High Court...negative...
by IMMIGRATION LAWYER
Tue Mar 04, 2008 10:06 pm
Forum: General UK Immigration forum
Topic: Less than 28 days overstayer
Replies: 12
Views: 3061

Why not to stay legal and extend a visa for a few days (FLRO) has never been abolished.

Although you case could be outside the rules, it still could be considered on its merits...at the cost of extension, though.
by IMMIGRATION LAWYER
Tue Mar 04, 2008 10:03 pm
Forum: General UK Immigration forum
Topic: CAN MY SISTER APPLY FOR A RESIDENCE CARD FOR ME !!!
Replies: 14
Views: 2889

Consider a marriage ?
by IMMIGRATION LAWYER
Tue Mar 04, 2008 10:02 pm
Forum: General UK Immigration forum
Topic: ILR - Break in work permit for 32 days
Replies: 6
Views: 1656

Disagree. The Premium Service does only a basic check and will NOT charge you if they do not intend to issue you a visa. In any case you have 2 chances via Premium service - if not granted, you will be able to lodge a postal application, while if you only lodge it by post they would not tell you abo...
by IMMIGRATION LAWYER
Sat Feb 23, 2008 10:07 pm
Forum: General UK Immigration forum
Topic: Applying for an ILR via EEA4 after divorcing
Replies: 10
Views: 6170

We were successful with the so-called Retention Right application, that is, if you could prove that you were married for 3+ years as well as both of your worked in the the for at least 12 months before the divorce took place, you would be able to claim EEA right in your own name. That is not ILR, th...
by IMMIGRATION LAWYER
Tue Feb 19, 2008 11:23 pm
Forum: General UK Immigration forum
Topic: my appeal
Replies: 5
Views: 1174

It much depends on the grounds for refusal. You indicate that the High Commission "found" that she was on benefits and that you overstayed. Did you declare that on the application form or did you only say that at the interview ? Depending on your answer you may have some chances of success or may no...
by IMMIGRATION LAWYER
Thu Feb 14, 2008 11:28 pm
Forum: General UK Immigration forum
Topic: ILR - What is 5 year "continuous" stay?
Replies: 9
Views: 3825

It must not exceed 180 days in 5 years. When it is close to those 180 days, they ask for a seperate letter from the client's employer, confirming that the absences were in line with the annual leave and company's business. I often attend the Home Office on behalf of my clients. The caseworkers do co...
by IMMIGRATION LAWYER
Thu Feb 14, 2008 11:25 pm
Forum: General UK Immigration forum
Topic: HIV!
Replies: 11
Views: 3044

The folks are right - you will lose the case due to the judgement in D v SSHD; N v SSHD. There must definately be a very late stage (weeks from death) of HIV so the BIA would let you stay. D won his case, but her was very short from dying. N lost her case as her HIV was not at that stage that she wo...
by IMMIGRATION LAWYER
Thu Feb 14, 2008 11:22 pm
Forum: General UK Immigration forum
Topic: Getting married at short notice
Replies: 2
Views: 932

Hello,

That is still possible. Go for COA. The only difference will be that the BIA will ask her to sign the affidvit that the intention is genuine.
by IMMIGRATION LAWYER
Thu Feb 14, 2008 11:20 pm
Forum: General UK Immigration forum
Topic: Overstayer Situation
Replies: 7
Views: 1865

It must be 14 years in the UK so you could qualify for Settlement in that category (14 years of illegal stay in the UK). DP3/96 refers to those, who were married to the UK/Settled sitizens for 2 years before submitting such an application; also there must be real grounds for the person not being abl...
by IMMIGRATION LAWYER
Thu Feb 14, 2008 11:14 pm
Forum: General UK Immigration forum
Topic: A Confusing Dilema!!!!
Replies: 4
Views: 1241

The new rules (PBS) say that HSMP+WP = ILR.
by IMMIGRATION LAWYER
Thu Feb 14, 2008 11:13 pm
Forum: General UK Immigration forum
Topic: Overstayer (Regularisation)
Replies: 8
Views: 2437

The phrase about the lawyer who applied for regularization on his behalf made me smile...On what groounds ?
by IMMIGRATION LAWYER
Fri Dec 21, 2007 10:31 am
Forum: General UK Immigration forum
Topic: Extending a WHM Visa
Replies: 9
Views: 2349

I have extended quite a few WHMs to my clients on completion of their related WHMs. Maximum time allowed is 6-12 months, though. To clarify - extensions were granted as visitors or volunteers. If a person on WHM is in a shortage occupation, he/she could normally switch into WP after 12 months on WHM.
by IMMIGRATION LAWYER
Tue Nov 06, 2007 10:26 pm
Forum: General UK Immigration forum
Topic: Help Please ARE OVERSTAYERS BEING REFUSED spouse VISAS NOW?
Replies: 89
Views: 21095

Depends on the set of documents and representation.

Follow the rules and requirements, and you should be OK.

I had been assiting people with severe overstay, removal, criminal past - none so far has been refused.

Just make sure your dcouments address all the isue the ECO may wish to escalate.
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