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by secret.simon
Fri Jan 26, 2024 7:09 pm
Forum: General UK Immigration forum
Topic: 17 Years in UK but husband dont support visa application
Replies: 18
Views: 1323

Re: 17 Years in UK but husband dont support visa application

@Frontier Mole, is Leave Outside The Rules an option?

To the OP, also see this thread about somebody on the 20 year illegal residence route, which leads to a further 10 years of FLR(FP) before eventual ILR and then citizenship.
by secret.simon
Fri Jan 26, 2024 12:26 pm
Forum: General UK Immigration forum
Topic: 17 Years in UK but husband dont support visa application
Replies: 18
Views: 1323

Re: 17 Years in UK but husband dont support visa application

Now this is some out-of-the-box thinking and it would need a lawyer who is knowledgeable on legacy immigration law. But it may be possible that your friend may be eligible for ILR based on her being granted her original leave to remain before 9th July 2012. The relevant Immigration Rule is 287(a) . ...
by secret.simon
Wed Jan 24, 2024 3:36 pm
Forum: Immigration for family members
Topic: Cannot afford upcoming ILR application - what are our options?
Replies: 3
Views: 642

Re: Cannot afford upcoming ILR application - what are our options?

Does this mean if we were to apply for a fee waiver, it would effectively be another FLR(M) application? More likely it will be an FLR(FP) application and will move your spouse to the 10 year pathway to ILR. Fee waivers are available only for a very limited category of applicants, typically those w...
by secret.simon
Tue Jan 23, 2024 10:47 pm
Forum: British Citizenship
Topic: Citizenship eligibility for 2nd generation
Replies: 7
Views: 425

Re: Citizenship eligibility for 2nd generation

As a rule of thumb, children born in the UK (i.e. they have a tie to the UK other than through their parents; in this example Children 2-6) are either automatically British citizens otherwise than by descent at birth or will become British citizens otherwise than by descent when registered as Britis...
by secret.simon
Tue Jan 23, 2024 11:30 am
Forum: British Citizenship
Topic: Citizenship eligibility for 2nd generation
Replies: 7
Views: 425

Re: Citizenship eligibility for 2nd generation

As others have mentioned, the distinction is not between naturalised citizens and by birth citizens, but between British citizens otherwise than by descent and British citizens by descent . It is best not to use the term "British citizens by birth" as it is too vague and depends on the circumstances...
by secret.simon
Tue Jan 23, 2024 11:17 am
Forum: British Citizenship
Topic: Turning British in China
Replies: 13
Views: 825

Re: Turning British in China

Instead of applying for a British passport you can think about getting a CoE ROA. A CoE-RoA is stamped in the non-British passport of a dual British/non-British citizen and is only valid for the life of that passport. If the OP is not allowed to become a dual citizen (due to Chinese law), that appr...
by secret.simon
Tue Jan 23, 2024 2:42 am
Forum: British Citizenship
Topic: Turning British in China
Replies: 13
Views: 825

Re: Turning British in China

Applying from overseas is a well documented route in the website, so I am surprised that you have called it out as risky and did not realise that it could still be undone at this stage. Is applying for a passport not a routine process? Am I not a citizen once naturalised? Is applying for a passport...
by secret.simon
Mon Jan 22, 2024 5:57 pm
Forum: British Citizenship
Topic: Turning British in China
Replies: 13
Views: 825

Re: Turning British in China

1) Does it matter if I apply for a passport abroad? Are passport interviews common if I were to apply in the UK? Bad idea. Keep in mind that one requirement or naturalisation as a British citizen is that you intend to reside in the UK. If your very first act as a British citizen is to move abroad a...
by secret.simon
Mon Jan 22, 2024 12:15 pm
Forum: Indefinite Leave to Remain
Topic: When or how early can I apply for ILR on 3 years Global Talent route?
Replies: 6
Views: 530

Re: When or how early can I apply for ILR on 3 years Global Talent route?

Not a part of the original question, but it is likely to come up later so I'll answer it now.

Even if you get your ILR soon, be aware that you can only apply for British citizenship/naturalisation after five years of the date of arrival in the UK (unless you are married to a British citizen).
by secret.simon
Sun Jan 21, 2024 6:22 pm
Forum: General UK Immigration forum
Topic: 17 Years in UK but husband dont support visa application
Replies: 18
Views: 1323

Re: 17 Years in UK but husband dont support visa application

Could withholding of conjugal affections be counted as domestic violence? Some interpretations of laws are so broad one can sail an aircraft carrier through them. I agree with Frontier Mole that it does not qualify as modern slavery. She can up sticks and leave any time she wants. From the circumsta...
by secret.simon
Sun Jan 21, 2024 6:15 pm
Forum: General UK Immigration forum
Topic: cross-border worker NI-ROI
Replies: 3
Views: 291

Re: cross-border worker NI-ROI

The Common Travel Area agreement covers British and Irish citizens only and allows them to live and work on either side of the border. It does not cover their non-British/non-Irish family members nor does it cover other EEA citizens in Ireland. To either work or live in the UK, you would need to qua...
by secret.simon
Fri Jan 19, 2024 9:55 pm
Forum: British Citizenship
Topic: [HELP] HMPO refuting citizenship decision by UKVI as supporting evidence for passport application
Replies: 13
Views: 1574

Re: [HELP] HMPO refuting citizenship decision by UKVI as supporting evidence for passport application

Did you get a refund for your earlier passport applications? If you did, I would suggest reapplying, with the evidence as above, and a cover letter walking them through who in your family had which British citizenship status. You can also request in the cover letter that the case be reviewed by some...
by secret.simon
Fri Jan 19, 2024 9:48 pm
Forum: Immigration for family members
Topic: Spouse EU Settlement
Replies: 12
Views: 602

Re: Spouse EU Settlement

Yes she needs to apply outside UK.. The duration of the marriage doesn't count now. She needed to be in the country before the deadline. Are you sure about that? As I understand it, if the EEA citizen partner is in the UK before 31st December 2020 (which they were because they have got pre-settled ...
by secret.simon
Fri Jan 19, 2024 9:42 pm
Forum: General UK Immigration forum
Topic: Visa Free Countries for UK ILR
Replies: 6
Views: 805

Re: Visa Free Countries for UK ILR

Keep in mind that UK ILR does not entitle you to anything outside the UK. It is a UK-only specific status. Thus, if anything were to happen to you abroad, you would not get consular assistance from the UK diplomatic services, but from the diplomatic services of the nation of your passport or a natio...
by secret.simon
Fri Jan 19, 2024 9:31 pm
Forum: Immigration for family members
Topic: Did IHS increase approved now?
Replies: 6
Views: 714

Re: Did IHS increase approved now?

The Immigration (Health Charge) (Amendment) Order 2024 was made on 16th January 2024 and will come into force (and thus the IHS will increase) on the 21st day after that date (6th February 2024).
by secret.simon
Wed Jan 17, 2024 3:20 pm
Forum: General UK Immigration forum
Topic: UK Visit Visa for 2 years & Citizenship
Replies: 15
Views: 1301

Re: UK Visit Visa for 2 years & Citizenship

In theory that still requires physical present in the UK for the 3 & 5 years route. That is correct. You still need residence in the UK for at least five years to get ILR, even as the spouse of a British citizen. There is no process to acquire British citizenship purely by marriage to a British cit...
by secret.simon
Wed Jan 17, 2024 9:30 am
Forum: Immigration for family members
Topic: Spouse EU Settlement
Replies: 12
Views: 602

Re: Spouse EU Settlement

Were you married before or after 31st December 2020?
by secret.simon
Wed Jan 17, 2024 9:25 am
Forum: Immigration for family members
Topic: Did IHS increase approved now?
Replies: 6
Views: 714

Re: Did IHS increase approved now?

Thank you secret.simon . is it formally approved now? Yes, it was formally approved on Monday (Paragraph 7(2) of the Votes and Proceedings) . It will now be made (signed by a minister) formally and will come into effect 21 days after the date it is made. It's not on the legislation.go.uk website, s...
by secret.simon
Mon Jan 15, 2024 11:54 pm
Forum: Immigration for family members
Topic: Child dependent visa
Replies: 8
Views: 767

Re: Child dependent visa

When and how did you acquire your British citizenship? Was it before or after the birth of the children?

Do you have sole custody of the children?
by secret.simon
Mon Jan 15, 2024 11:56 am
Forum: British Citizenship
Topic: [HELP] HMPO refuting citizenship decision by UKVI as supporting evidence for passport application
Replies: 13
Views: 1574

Re: [HELP] HMPO refuting citizenship decision by UKVI as supporting evidence for passport application

My first application that was rejected did include all the documents you've mentioned actually. I gave them: - My birth certificate (UK) - My grandfather's naturalisation certificate - to show he was naturalised as able to pass on his British citizenship to my father - My grandfather marriage certi...
by secret.simon
Sun Jan 14, 2024 2:48 pm
Forum: General UK Immigration forum
Topic: Maintaining ILR active
Replies: 4
Views: 582

Re: Maintaining ILR active

ILR doesn’t expire ILR lapses automatically if the person stays outside the UK for any continuous period of two years or more. And it can be cancelled if the Immigration Officer forms the view at the border that the ILR holder is only visiting the UK and not residing here. ILR is meant for residenc...
by secret.simon
Sat Jan 13, 2024 12:36 pm
Forum: Immigration for family members
Topic: I am going to get ILR, but want to know about my depandent VISA for my wife and son
Replies: 7
Views: 990

Re: I am going to get ILR, but want to know about my depandent VISA for my wife and son

both wife and son should extend in the UK before their leave expires Just to add, the extension to the visa will need to be done while your son is in the UK (i.e. an extension can't be done from outside the UK) and keep in mind that he can't leave the UK until the application is decided (because le...
by secret.simon
Sat Jan 13, 2024 12:44 am
Forum: British Citizenship
Topic: Mn1 application section 3.2
Replies: 33
Views: 2133

Re: Mn1 application section 3.2

Not sure if just the British passport by itself is sufficient. You may want to have ready other proof of your three years residence in the UK, ideally from other government bodies, so P60s/self-employment tax records/benefit correspondence/school or university records (depending in when your three y...
by secret.simon
Thu Jan 11, 2024 10:40 pm
Forum: British Citizenship
Topic: Apply British citizenship without getting British passport
Replies: 2
Views: 361

Re: Apply British citizenship without getting British passport

There are two separate questions here. (a) Can the child register as a British citizen and not have a British passport, but a CoE-RoA? - Yes, so long as the child is entitled to a non-British passport. (b) If the child registers as a British citizen, can they also retain Chinese citizenship? - That ...
by secret.simon
Thu Jan 11, 2024 10:33 pm
Forum: Immigration for family members
Topic: Did IHS increase approved now?
Replies: 6
Views: 714

Re: Did IHS increase approved now?

it looks like it they didn't agree on it on first sitting Where did you get that from? The Delegated Legislation Committee only met once, yesterday, and approved it without dissent. The Statutory Instrument was introduced in October, but no progress was made because of prorogation and State Opening...
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