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by asp
Sat Nov 06, 2010 3:47 am
Forum: General UK Immigration forum
Topic: Cancelling Further Leave to Remain(M)/Got scammed
Replies: 7
Views: 1830

With a good immigration history and a UK born son there is no strong prospect of your soon to be ex being required to leave the UK, particularly if your son will be living with her, though her current leave does not guarantee her continued residence in the UK. Be aware that once you advise HO of the...
by asp
Sat Nov 06, 2010 3:35 am
Forum: General UK Immigration forum
Topic: BF deniyed acsses to the UK because i am Disabled??!!!
Replies: 10
Views: 2043

I know it is harsh for you Fairydust, but the decision taken in respect of your BF would not surprise anyone who has some experience of visitor refusals. The decision making process may well have been ppor/flawed if the IO didn't check with you whether you intended to support him from benefits or sa...
by asp
Sat Nov 06, 2010 3:14 am
Forum: British Citizenship
Topic: Australian born to a British Mother - Questions
Replies: 1
Views: 865

Sounds like you meet the tests for registration in (1). Mum was a CUKC at the time of your birth; you would have been British by descent at birth had mothers transmitted their CUKC status in 1971, and you would have become a BC in 1983. If you leave the boxes in (2) blank and HO have a violent objec...
by asp
Sat Nov 06, 2010 2:52 am
Forum: British Citizenship
Topic: Do I qualify for British Citizenship? (JA Parents, UK Cit)
Replies: 9
Views: 8245

Have a look at http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/guide_ns.pdf Your grandparents status and naval service aren't directly relevant but that of your parents is. You state that your parents have British passports, but not which type of British passport, nor when...
by asp
Sat Nov 06, 2010 2:09 am
Forum: EU Settlement Scheme
Topic: Tribunal Hearing date Set after RC has been Granted by HO
Replies: 20
Views: 3774

If your appeal is against the original refusal to issue you with a residence card then it cannot now proceed. As you were refused a card and have now been issued with one then HO has withdrawn the decision under appeal; so under the procedure rules the appeal simply ceases to exist. If the appeal is...
by asp
Sat Nov 06, 2010 1:35 am
Forum: UK Tier 5 (Temporary Work) visas
Topic: Staying in UK when Tier 5 visa finishes?
Replies: 7
Views: 7135

Think Vinny has hit the nail on the head. If your g/f wants to stay legally you probably have few options other than an application on the basis of your relationship or an outside the rules plea for discretion. Tier 5 is very restrictive; no extensions of stay within the tier, no switching to other ...
by asp
Sat Oct 30, 2010 5:38 pm
Forum: British Citizenship
Topic: One Overspeeding & 4 Penalty Notices - Naturalisation
Replies: 18
Views: 5165

Up to you whether you apply now or wait until these are a year old, but if you apply I strongly advise you to mention these penalties on your application. If you don't mention them you will be storing up trouble for when HO run police checks on you.
by asp
Sat Oct 30, 2010 5:31 pm
Forum: British Citizenship
Topic: Penalty Notice Disorder effect Naturalisation?
Replies: 19
Views: 8918

In my experience by far the best policy is to declare these things. If the incident is one over which caseworkers have discretion they generally apply it reasonably. If you declare the incident and they allow your application you can forget about it affecting you in future, at least for the Home Off...
by asp
Sat Oct 30, 2010 4:54 pm
Forum: British Citizenship
Topic: Baby born overseas to british citizen
Replies: 1
Views: 1685

1 As you obtained your BC through naturalisation following periods of leave/ILR your baby will be British wherever he(?) is born, but place of birth makes an important difference for your future grandchildren. If he is born outside the UK then he will be British by descent and will only be able to p...
by asp
Sat Oct 30, 2010 3:55 pm
Forum: UK Student Visas
Topic: Dependent of Tier 4 student visa after CCL scam
Replies: 32
Views: 9892

The exemption from a visa ban if an application is made on the basis that you are married to someone is ONLY relevant if you are applying for entry under para 281. Rule 320(7C) is abundantly clear on that. 281 - not applicable. Your wife is not present and settled or being admitted for settlement. S...
by asp
Sat Oct 30, 2010 3:44 pm
Forum: UK Student Visas
Topic: need help on extension of tier 4 student visa
Replies: 1
Views: 721

The Tier 4 guidance states that you can rely on money in an account belonging to parents or legal guardians: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/Tier4migrantguidance1.pdf As you are probably over 18 I doubt very much that you can rely on showing that aunt/uncle have en...
by asp
Sat Oct 30, 2010 3:17 pm
Forum: UK Student Visas
Topic: Tier 4 Refusal Under 320(11).A very strange case.Please Help
Replies: 23
Views: 6301

Although you seem to have an overstay of more than 28 days, the fact that you left at your own expense in August 2008 shouldn't engage a visa ban. So you need to deal only with the 320(11) issue. Did the ECO not explain in his refusal letter what he considered to be the aggravating circumstances in ...
by asp
Sat Oct 30, 2010 2:55 pm
Forum: UK Student Visas
Topic: Student visa about to run out… options?
Replies: 3
Views: 1090

If Alan applies for a student extension before his current leave runs out then, even though it is doomed to fail because the funds are in his brother's name, he won't have to leave until any appeal is concluded. It seems to me that an appeal is similarly doomed to fail, but that doesn't stop him exe...
by asp
Sat Oct 30, 2010 2:42 pm
Forum: UK Tier 1 (General) Visas
Topic: salaried or contractor?
Replies: 9
Views: 1744

Don't YOU know whether you were a contractor (self employed) or an employee of the company? In UK employment law the basic distinction is between the type of contract that you have with the company. Employees have a "contract of service" while contractors have "contract for services". If your status...
by asp
Sat Oct 30, 2010 2:21 pm
Forum: UK Tier 1 (General) Visas
Topic: Call from Case Officer
Replies: 6
Views: 1582

UKBA's International Group has adopted a "hub and spoke" arrangement over the last few years. Passports cannot be sent over national borders, so if you applied in Pakistan your passport stays in the BHC there while the papers are sent to the relevant hub. In this case the hub is in the Gulf. Islamab...
by asp
Sat Oct 30, 2010 2:01 pm
Forum: UK Tier 1 (Post-Study Work) visas
Topic: PSW expiring, but waiting for sponsorship letter Tier 2!
Replies: 2
Views: 955

While you haven't said so I assume you mean that you would be likely to return to the UK for your job interview after your PSW leave has expired. If that is the case then be frank with the IO on the desk when you ask for entry as a visitor. Explain that you have come to interview for a job that woul...
by asp
Thu Nov 05, 2009 12:38 am
Forum: General UK Immigration forum
Topic: UK ANCESTRY AND THE NEW EARNED CITIZENSHIP BILL
Replies: 7
Views: 1825

Its ironical that a person with an Irish grandparent can automatically become an Irish citizen, come over to the UK and be considered settled here (indefinite leave to remain) while a person with a UK grandparent has to live here for several years under some strict rules before even being considere...
by asp
Thu Nov 05, 2009 12:08 am
Forum: UK Tier 1 (General) Visas
Topic: Can I be my own accountant?
Replies: 5
Views: 1165

I doubt it - the documents would not be coming from a supposedly independent professional but from you as the applicant!
by asp
Wed Nov 04, 2009 11:56 pm
Forum: Immigration for family members
Topic: ILR BASED ON SCOTTISH GRANDPARENT...
Replies: 3
Views: 980

Place of g/parent birth isn't relevant for you. You have to complete the period of limited leave before you can qualify for ILR on this basis.
by asp
Wed Nov 04, 2009 11:52 pm
Forum: Immigration for family members
Topic: British "girl" and baby with illegal immigrant
Replies: 24
Views: 5624

While it is all well and good to suggest that the HO should respect the mother's choice of where to raise her child, the Strasbourg Court is rather more robust on this type of situation than many people imagine. A person who establishes a family life with someone who is present illegally, and who kn...
by asp
Fri Feb 27, 2009 4:10 pm
Forum: UK Tier 1 (General) Visas
Topic: DV Clearance !!!
Replies: 5
Views: 2512

DV

DV is Developed Vetting and, as a previous poster noted, is the top level of standard security clearances for UK Govt and quite an expensive process for the employer to undertake. Individuals themselves cannot apply to be DV cleared; the application must come from an employing organisation. You have...
by asp
Fri Feb 27, 2009 3:10 pm
Forum: Indefinite Leave to Remain
Topic: ILR refusals on ground of absences
Replies: 49
Views: 37747

What If situation : Assuming if one has 2 passports with the UK WP stamp. The expired passport has the initial WP stamp and UK date of arrival. Instead of supplying both passports, only the most recent one is submitted for ILR application. It could be that the old passport was missing. Surely the c...
by asp
Fri Feb 27, 2009 2:57 pm
Forum: General UK Immigration forum
Topic: Fixed Penalty - Effect on ILR
Replies: 9
Views: 3083

Disclosing penalty

If the penalty notice says it isn't a criminal matter then no need to say anything if the question asked of you is "have you committed a criminal offence". However, if you are asked a broader question along the lines of "is there any reason to consider you may not be a person of good character" then...
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