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by John
Sat Nov 13, 2004 4:36 pm
Forum: General UK Immigration forum
Topic: Marriage and settlement! ILR holder!
Replies: 10
Views: 3205

Marriage and settlement! ILR holder!

Hi, you ask quite a few questions. Hope the following helps :- You entitled to get marriage in the UK and will not encounter a problem at the moment. However be aware that from a date in the not too distant future if a non-EEA Citizen wants to get married in the UK they will need to give Notice of I...
by John
Sat Nov 13, 2004 4:06 pm
Forum: Immigration for family members
Topic: Spouse MUST arrive in UK BEFORE Non-EEA husband?!?!
Replies: 12
Views: 6811

No set amount

Peter, I don't think there is any set amount. That would depend upon personal circumstances. Q6.10 of the form VAF1 asks "How much money is available to you for your stay?". Fully understand if you don't want to answer publicly, but what sort of amount are you intending to show there? The following ...
by John
Sat Nov 13, 2004 10:28 am
Forum: UK Tier 1 (General) Visas
Topic: How to get past customs in the UK (close to visa expiry)
Replies: 35
Views: 11046

Section 3C

Ameba, have a read of :- Section 3C of the 1971 Act That is :- It automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing". The purpose of the provision is to protect the app...
by John
Sat Nov 13, 2004 9:13 am
Forum: UK Tier 1 (General) Visas
Topic: How to get past customs in the UK (close to visa expiry)
Replies: 35
Views: 11046

Not dodgy at all

Matt, I agree with HK_007, this does not sound dodgy at all. You will have a valid visa, albeit one that only has say three weeks to run. As regards the options you list, always .... tell the truth! Finally, one last point, it is not customs you need to worry about, unless you are intending to smugg...
by John
Sat Nov 13, 2004 9:01 am
Forum: Immigration for family members
Topic: Spouse MUST arrive in UK BEFORE Non-EEA husband?!?!
Replies: 12
Views: 6811

VAF1 is indeed the form that needs to be used. And yes, you can submit that form before your wife travels to the UK .... so that after the granting of the EEA Family Permit the two of you will be able to travel to the UK together. That is, your wife will be exercising her community rights to enter t...
by John
Fri Nov 12, 2004 8:56 pm
Forum: Europe immigration forum
Topic: WHAT IS THE DEAL WITH *** EEA-RESIDENT PERMIT***
Replies: 1
Views: 3903

EEA Family Permit

Hm .... this obviously gains its name from the fact that it emanates from an agreement of the EEA. That is, each country in the EEA has agreed to give the same rights of residence ... in its country. What you say about an EEA Family Permit is not strictly true. France is of course in the Schengen ar...
by John
Fri Nov 12, 2004 8:47 pm
Forum: UK Tier 1 (General) Visas
Topic: Tax clarification
Replies: 16
Views: 4396

That's right?

In your first post in this thread you started :-
Thats right.
But your agreement with the previous poster was not right, it was wrong.

However I agree that the rest of your first post in this thread was indeed correct. :D
by John
Fri Nov 12, 2004 4:23 pm
Forum: Immigration for family members
Topic: Spouse MUST arrive in UK BEFORE Non-EEA husband?!?!
Replies: 12
Views: 6811

Gaining entrance to the UK

In practice no airline is going to let you board an aircraft going to the UK unless you have a permit or visa already in your passport. Airlines get fined £2000 per passenger they bring in who need authorisation and don't have it. Your details say that you are in New York. Accordingly contact the Br...
by John
Fri Nov 12, 2004 2:59 pm
Forum: UK Tier 1 (General) Visas
Topic: Tax clarification
Replies: 16
Views: 4396

Just one little problem!

The problem is that neither you nor I designed the tax legislation, the PAYE scheme, nor the tax tables that need to be used. Accordingly it is not a question of one method being simpler or more difficult ... it is a question of employers needing to abide by what the tax legislation actually says. H...
by John
Fri Nov 12, 2004 12:42 pm
Forum: UK Tier 1 (General) Visas
Topic: Tax clarification
Replies: 16
Views: 4396

How PAYE works

And if it is applied in the fractions you mentioned, then a REFUND can be claimed. Once again your lack of knowledge of how cumulative PAYE works is letting you down. Why would a tax refund be due? Let's keep this very simple. Someone has earned absolutely nothing in the UK up to and including Janu...
by John
Fri Nov 12, 2004 11:27 am
Forum: Immigration for family members
Topic: family immigration
Replies: 52
Views: 21503

Go to the MP?

Hi, you are of course not British, but your spouse is. So whilst you say that you will go to see the MP, I think it should be both of you going along to see the MP. After all, your spouse is a constituent of the MP and no doubt on the voter's list. How long? I don't think there is any clear cut guid...
by John
Fri Nov 12, 2004 11:16 am
Forum: UK Tier 1 (General) Visas
Topic: Tax clarification
Replies: 16
Views: 4396

Sorry, total rubbish!

For e.g. if a person joins in February, then the personal allowance is divided by 2 and applied to salary from Feb and March. The polite version is ... absolute rubbish. That is not the way PAYE works at all. Don't take my word for it ... the Inland Revenue's website will confirm. In the theoretica...
by John
Fri Nov 12, 2004 9:31 am
Forum: UK Tier 1 (General) Visas
Topic: Tax clarification
Replies: 16
Views: 4396

How PAYE tax calculated

OK, re-reading the message from the OP, he says he will work for six months in this tax year. Accordingly it looks as if the first pay date will be at the end of October 2004 and the sixth at the end of March 2005. So, if the code number is "normal", not Month 1 basis, the PAYE works on a cumulative...
by John
Thu Nov 11, 2004 8:47 pm
Forum: Immigration for family members
Topic: family immigration
Replies: 52
Views: 21503

A couple of points

"Journey", given that it is approaching 2-and-a-half years since the spouse visa application was made, certainly take the matter up with the local MP. That comment already made is good advice. Also, we know of someone who whilst their circumstances are not exactly the same as yours, did get a positi...
by John
Thu Nov 11, 2004 8:27 pm
Forum: UK Tier 1 (General) Visas
Topic: Tax clarification
Replies: 16
Views: 4396

That's not right!

HK_007, you say, "that's right" but I don't think it is. The OP says he has a normal tax code. Accordingly PAYE will be applied on a cumulative basis. That's means, for example, that half-way through the tax year one-half of the personal allowance will be used in the tax calculation. That should sti...
by John
Thu Nov 11, 2004 2:38 pm
Forum: General UK Immigration forum
Topic: proof of documents required at the time of immigration
Replies: 0
Views: 970

Will you have a problem?

If you have an ILR visa you can use it to re-enter the UK ... as a returning resident! So if someone ... not you ... was using their ILR like a glorified visitor's visa then they might encounter problems. Also do appreciate that ILR is slightly wrongly named, in the sense that that "Indefinite" real...
by John
Thu Nov 11, 2004 2:29 pm
Forum: General UK Immigration forum
Topic: HSMP-British Citizenship-Public Funds-Family-EU employment
Replies: 7
Views: 4009

Public Funds?

Can I just pick up on the Public Funds question? A time-limited visa will have a "No recourse to Public Funds" restriction. However an ILR Visa does not and accordingly there is no problem in principle with an ILR Visa holder submitting claims for Public Funds, such as Child Benefit. Also, when can ...
by John
Thu Nov 11, 2004 2:19 pm
Forum: General UK Immigration forum
Topic: Applying for British Citizenship
Replies: 4
Views: 2698

Answers to your questions

Hi, yes you want to make both applications together ... as is made clear by the application form AN(NEW). That is, there is space on the form for the child's details to be entered. I am assuming the dependent is a child? If not, ignore the above. But if not a child, what sort of dependent? How much?...
by John
Thu Nov 11, 2004 2:06 pm
Forum: General UK Immigration forum
Topic: Further Leave to Remain - Any assistance please
Replies: 3
Views: 1487

Answers to your questions

Vanity, about your posting, firstly of course be aware that as long as the FLR application went in before the end of your previous visa that you are protected by Section 3C from being an overstayer. That is, the old visa automatically gets extended until the issue of the new one, or worse case, if a...
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