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by secret.simon
Mon Aug 08, 2016 2:12 pm
Forum: British Citizenship
Topic: Child citizenship - ICT Tier 2
Replies: 3
Views: 848

Re: Child citizenship - ICT Tier 2

Can you post a link to the website where you got the quote from? Generally children born in the UK only get British citizenship if one of their parents is settled in the UK (ILR, PR or Irish citizen) or is a British citizen. The law does give powers to the Home Office to register a child as British,...
by secret.simon
Sun Aug 07, 2016 9:05 pm
Forum: Immigration for family members
Topic: urgent questio, PEO appointment tomorrow
Replies: 14
Views: 424

Re: urgent questio, PEO appointment tomorrow

Required savings = ((18600-Current Provable Salary)*2.5)+16,000
by secret.simon
Sun Aug 07, 2016 3:06 pm
Forum: Referendum-News and Developments
Topic: Latest on EU citizens
Replies: 43
Views: 8996

Re: Latest on EU citizens

Let's tone down on the honesty and remember that this is a public forum. There can be a discussion on a topic without emotions getting involved. Let's stick as closely as possible to known facts, not what facts we would like there to be. Interpretation of facts can differ of course, and I am sure th...
by secret.simon
Sun Aug 07, 2016 1:39 pm
Forum: British Citizenship
Topic: What would be the earliest date to apply naturlisation?
Replies: 4
Views: 276

Re: What would be the earliest date to apply naturlisation?

Remember that she must prove that she was in the UK exactly five years to the day before the date of the application. That is non-negotiable and no discretion can be applied to that requirement.

I take it that you are not a British citizen.
by secret.simon
Sun Aug 07, 2016 1:28 pm
Forum: EU Settlement Scheme
Topic: EU family member dilemma
Replies: 22
Views: 833

Re: EU family member dilemma

Your spouse's seven month break may be covered by Regulation 6(2)(a), but I will leave it for others to advise on whether it would definitely be covered.
by secret.simon
Sun Aug 07, 2016 1:15 pm
Forum: EU Settlement Scheme
Topic: EU family member dilemma
Replies: 22
Views: 833

Re: EU family member dilemma

I have just got my EU nationairy just last week. You can only exercise treaty rights only once you become an EEA citizen. So, if you became an EEA citizen last week, the earliest you could exercise treaty rights is last week. You can't backdate it to when you were a non-EEA family member of an EEA ...
by secret.simon
Sun Aug 07, 2016 12:55 pm
Forum: Europe immigration forum
Topic: Extended family members Netherlands-Germany
Replies: 12
Views: 1740

Re: Extended family members Netherlands-Germany

Holland recognise Extended Family members as Family members under their national law, provided they meet the dependency or membership of household requirement. Is that not the same as the UK, where the extended family member has to prove dependency or membership of household, but once that is prove...
by secret.simon
Sun Aug 07, 2016 12:50 pm
Forum: Europe immigration forum
Topic: Family Reunification Issues BEL/NL
Replies: 3
Views: 424

Re: Family Reunification Issues BEL/NL

I do not know anything about Dutch or Belgian law, so I will desist from addressing any aspect of those laws. But, under EU law, as the non-EEA spouse of an EEA citizen, you have a right to an Article 10 Residence Card. That may be different from an F Kaart. If so, it may just be a case of applying ...
by secret.simon
Sun Aug 07, 2016 12:18 pm
Forum: EU Settlement Scheme
Topic: EU family member dilemma
Replies: 22
Views: 833

Re: EU family member dilemma

However, be aware the 7 months hiatus due to sponsor's private issues at sometime in recent years is a concern. The risk is the PR clock (for both of you) was stopped. When was that? (dates) What was that all about? (bearing in mind this is a public forum) What was sponsor doing at that time? jobse...
by secret.simon
Sun Aug 07, 2016 11:14 am
Forum: British Citizenship
Topic: Child Citizenship Application - REFUSED
Replies: 52
Views: 4029

Re: Child Citizenship Application - REFUSED

Brexit isn't the only issue. Swexit is also looking likely, as the Swiss people have formally rejected free movement. I was wondering if the OP was paying attention to this as well. Unlike Brexit, where no formal action has taken place to start the clock ticking, Swiss law (as I understand it) requ...
by secret.simon
Sun Aug 07, 2016 10:51 am
Forum: Immigration for family members
Topic: settlement visa for wife - previous relation breakdown
Replies: 28
Views: 1439

Re: settlement visa for wife - previous relation breakdown

I think ASP meant to suggest a BRP Card or other card as opposed to a vignette in the passport. No, ASP was referring to the difference between PR card & ILR card. Apologies, CR001 . I did not mean to offend. Aren't PR Cards issued to non-EEA nationals also biometric? I thought only DCPR cards issu...
by secret.simon
Sun Aug 07, 2016 10:34 am
Forum: Immigration for family members
Topic: settlement visa for wife - previous relation breakdown
Replies: 28
Views: 1439

Re: settlement visa for wife - previous relation breakdown

What do you mean by 'free standing card'?. That is what i thought but ASP mentioned freestanding card in his post so i was just asking isnt that the same thing? PR under the EEA rules is issued in a card (paper) form. Let's not muddy matters. I have a residence permit card with type of permit - Set...
by secret.simon
Sun Aug 07, 2016 10:25 am
Forum: British Citizenship
Topic: Citizenship Refused - Was I staying unlawful?
Replies: 31
Views: 2574

Re: Citizenship Refused - Was I staying unlawful?

The point about discretion is that it is ... discretionary. They must consider applying discretion and the guidelines states the situations when it is likely to be applied. But each application for discretion must be assessed individually and if they find something adverse, they can decline to exerc...
by secret.simon
Sun Aug 07, 2016 9:57 am
Forum: Immigration for family members
Topic: settlement visa for wife - previous relation breakdown
Replies: 28
Views: 1439

Re: settlement visa for wife - previous relation breakdown

In any case, as a unmarried partner is treated like a married partner for the purpose of grant of a visa, it stands to reason that s/he needs to demonstrate that that relationship is at an end before contracting another relationship, just as a divorce is required before contracting a second marriage...
by secret.simon
Sat Aug 06, 2016 4:03 pm
Forum: Referendum-News and Developments
Topic: Latest on EU citizens
Replies: 43
Views: 8996

Re: Latest on EU citizens

noajthan wrote:there's a fine line between a numerator and a denominator. Only a fraction of people appreciate that.
That is a really good one. I must try it out on somebody soon.
by secret.simon
Sat Aug 06, 2016 1:14 pm
Forum: British Citizenship
Topic: Unsuccessful Application
Replies: 31
Views: 2955

Re: Unsuccessful Application

When you were abroad and yet on your relative's payroll, did you actually get any salary/wages? Or was somebody else getting paid in your name? You need to have words with your relative and get an explanation of this "phantom" salary. From HMRC's point of view, it was associated with you via your NI...
by secret.simon
Sat Aug 06, 2016 12:59 pm
Forum: British Citizenship
Topic: Citizenship Refused - Was I staying unlawful?
Replies: 31
Views: 2574

Re: Citizenship Refused - Was I staying unlawful?

Could it be possible that when an appeal is withdrawn, the Home office considers it as no appeal was ever considered, effectively ending section 3C leave when the private life application was refused (cant find anywhere that says this, nor I could find anywhere where it says Section 3C ENDS when ap...
by secret.simon
Sat Aug 06, 2016 11:46 am
Forum: British Citizenship
Topic: Citizenship Refused - Was I staying unlawful?
Replies: 31
Views: 2574

Re: Citizenship Refused - Was I staying unlawful?

the breach arose as a result of a late application for leave to remain where the application was submitted no more than 28 days late (or in the case of an asylum application was submitted after no more than 28 days overstaying) and was subsequently granted. I am aware of that. I was merely disputin...
by secret.simon
Sat Aug 06, 2016 11:45 am
Forum: British Citizenship
Topic: Citizenship Refused - Was I staying unlawful?
Replies: 31
Views: 2574

Re: Citizenship Refused - Was I staying unlawful?

There is a reason for the insertion of that provision in the rule , and the provision will be otiose if the Secretary of State can use a policy which was not place in parliament to undermine it's effect The provisions of one law can be made redundant or otiose by the application of another law. The...
by secret.simon
Sat Aug 06, 2016 11:38 am
Forum: British Citizenship
Topic: Citizenship Refused - Was I staying unlawful?
Replies: 31
Views: 2574

Re: Citizenship Refused - Was I staying unlawful?

I been on student visa for 9 years and 8 months, then applied for leave to remain under private life, for which I got refused on 25th June 2014 and appealed the decision, I withdrew the appeal after completing the 10 years and applied straight away for settlement ILR (my visa had expired during the...
by secret.simon
Sat Aug 06, 2016 11:31 am
Forum: British Citizenship
Topic: Citizenship Refused - Was I staying unlawful?
Replies: 31
Views: 2574

Re: Citizenship Refused - Was I staying unlawful?

By withdrawing your appeal, your section 3C cover will have ceased. You submitted an application when you therefore had no cover and had no valid leave. So yes, for roughly 6 months, you had no status in the UK. I think the refusal was clearly wrong, any overstaying under 28 days is ignored for the...
by secret.simon
Sat Aug 06, 2016 11:11 am
Forum: Referendum-News and Developments
Topic: Latest on EU citizens
Replies: 43
Views: 8996

Re: Latest on EU citizens

"Reciprocal" can mean different things to different people. I think PetalTop interprets it to mean as being the same terms on which an EEA (such as Italian) citizen would get the same benefit in the UK. Your interpretation is that the UK citizen would be treated on the same terms as a citizen of tha...
by secret.simon
Sat Aug 06, 2016 11:06 am
Forum: Referendum-News and Developments
Topic: Moving to the UK after Brexit!
Replies: 13
Views: 3686

Re: Moving to the UK after Brexit!

noajthan wrote:And a chance to get away from those long, hot summers
Exchange your long, hot Italian summers for some long grey and very damp British ones :)
by secret.simon
Sat Aug 06, 2016 7:49 am
Forum: British Citizenship
Topic: Wrong Nationality on Electoral Roll
Replies: 11
Views: 2031

Re: Wrong Nationality on Electoral Roll

Summary of electoral offences , Page 2; It is an offence to supply false information on a registration, postal vote or proxy vote application form. False information includes a false signature. Regardless of whether or not citizenship information is required when registering to vote (and I would as...
by secret.simon
Sat Aug 06, 2016 7:27 am
Forum: Referendum-News and Developments
Topic: Moving to the UK after Brexit!
Replies: 13
Views: 3686

Re: Moving to the uk after breixt!

Good to see you back, Noetic . You may already have acquired permanent residence status if you were here 5 continuous years with insurance cover. Also assuming that you have not been out of the UK for more than two continuous years. If that is the case, of course, PR, were it acquired in the first p...
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