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i'm really confused

General UK immigration & work permits; don't post job search or family related topics!

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beeboobee
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i'm really confused

Post by beeboobee » Sat Oct 06, 2007 4:01 pm

i came to the u.k as a dependant of my mother who has a work permit.
during the time my mother was applying for indefinite leave to remain in the u.k for me and my little sister i moved to live with my boyfriend. so month later i got a letter from the home office saying that they've refused my application because i'm over 19 and leading an independent life away from my sponsor. but then i get confused when it says this;

- section 82 of the national immigration and asylum act 2002 does not provide a right of appeal where an application still has leave to enter or remain in the u.k and is so entitled to stay here.

- you still have leave to remain where your current conditions continue to apply until 7 july 2008.

- you are not required to leave the u.k as a result of this decision.

what does all of this mean? also, i don't know if i can work since i don't know my conditions ( i want to be a police officer). also, my entry clearence expires next year, how do i apply again?

vinny
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i'm really confused

Post by vinny » Sat Oct 06, 2007 9:46 pm

I'm not sure about whether you can work or not. See also Preventing illegal working and Employing migrant workers and Check the eligibility of your migrant workers.

You do not have a right of appeal against the refusal of ILR because you still have existing leave to remain. You may stay in the UK until your current entry clearance leave expires.

Moreover, if you are over 19, have left home and leading an independent life with your boyfriend, then it's unlikely that an application to remain as your mother's dependent would succeed (see 199 & 197(iii)).

You will have to qualify for further leave to remain under the Immigration Rules on your own or in conjunction with your boyfriend.

For example, if you have been living with your boyfriend for at least two years when you apply, then you may qualify under the Unmarried and same-sex partners Rules (295AA-295O). You would need a lot of documents showing cohabitation over the two years. See also Form FLR(M) (section 8C) on the Application forms page for examples of what's requested.

See also Chapter 8 - Family members, Section 9 - Unmarried and same sex relationships; and
Chapter 8 - Family members annexes, Annex Z - Further guidance on the unmarried and same sex partners rules and required levels of documents
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Dawie
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Post by Dawie » Mon Oct 08, 2007 1:07 pm

To further add to that, you cannot work as a police officer in the UK unless you are a British, Irish or commonwealth citizen AND you have no time restrictions on your stay in the UK (i.e. you have to have indefinite leave to remain or the right of abode).

Not even EU citizens can become police officers.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

beeboobee
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Post by beeboobee » Mon Oct 08, 2007 1:45 pm

I'm South African so i think i am a common wealth citizen.
If i don't have time restrictions than am i able to switch my visa and aply for a work permit. Do i have to find employment first or can i just apply for it? Everybodies opinions and facts are appreciated.

Dawie
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Post by Dawie » Mon Oct 08, 2007 1:56 pm

beeboobee wrote:I'm South African so i think i am a common wealth citizen.
If i don't have time restrictions than am i able to switch my visa and aply for a work permit. Do i have to find employment first or can i just apply for it? Everybodies opinions and facts are appreciated.
As it stands at the moment the Home Office has written to you indicating that the current conditions of your visa still apply which means that you are still able to work until your current visa expires in 7 July 2008. After that you either have to leave the UK or apply for some other kind of visa that entitles you to live and work in the UK.

However, you will unfortunately have to give up your dream of being a police officer because you do not hold indefinite leave to remain in the UK and are therefore ineligible to work as a police officer in the UK.

It's unfortunate but had you not moved out of your mother's house you would not face being kicked out of the UK next year.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

beeboobee
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Post by beeboobee » Mon Oct 08, 2007 3:18 pm

So what kind of visa should i apply for when my current one expires? Please!

VictoriaS
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Post by VictoriaS » Mon Oct 08, 2007 3:35 pm

How long have you lived with your boyfriend?

Are you working or studying?


Victoria
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beeboobee
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Post by beeboobee » Mon Oct 08, 2007 3:44 pm

i have been living with my boyfriend for 6 months.
i don't work because i don't know if my visa allows me to and i'm taking a gap year from college because i don't have enough funds.

vinny
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Post by vinny » Tue Oct 09, 2007 3:02 am

What is your boyfriend's Immigration status? Is he British or settled? Are you considering marriage?

With regards work, if you have no conditions in your leave to enter regarding work/employment, then I believe it would mean that you have no conditions limiting/stopping you from working, i.e. you should be able to work. Check the links above to confirm that you are eligible to work.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

beeboobee
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Post by beeboobee » Tue Oct 09, 2007 12:16 pm

My boyfriend is British but we are not planning on getting married. Thank you so much for your imput guys!

beeboobee
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Post by beeboobee » Tue Oct 09, 2007 12:18 pm

Oh can i still apply to be a police officer?

Dawie
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Post by Dawie » Tue Oct 09, 2007 12:30 pm

beeboobee wrote:Oh can i still apply to be a police officer?
Have you not read the posts above?
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

SYH
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You ARE really confused

Post by SYH » Wed Oct 10, 2007 8:40 pm

beeboobee wrote:i have been living with my boyfriend for 6 months.
i don't work because i don't know if my visa allows me to and i'm taking a gap year from college because i don't have enough funds.
You dont work because you dont know if your visa allows you to but you applied to work as a police officer?
Your entry clearance expiration is not relevant as you have already entered, what is important is just when your current visa expires which the HO told you was july 2008.

johnsienk
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Post by johnsienk » Thu Oct 11, 2007 8:27 am

<original post deleted>
Last edited by johnsienk on Fri Feb 04, 2011 9:05 am, edited 1 time in total.

olisun
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Post by olisun » Tue Jan 15, 2008 9:47 am

johnsienk wrote:>>Not even EU citizens can become police officers.

I am sorry to correct you Dawie, but they CAN (at not just recently!)

Quote:
you must be either a British Citizen, a citizen of the EU or other states in the EEA, or a Commonwealth citizen or foreign national with indefinite leave to remain in the UK

For more info go to:
http://www.policecouldyou.co.uk/officers/eligible.html
Yes, you need to have minimum ILR to join the police force....

SYH
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Post by SYH » Tue Jan 15, 2008 10:10 am

olisun wrote:
johnsienk wrote:>>Not even EU citizens can become police officers.

I am sorry to correct you Dawie, but they CAN (at not just recently!)

Quote:
you must be either a British Citizen, a citizen of the EU or other states in the EEA, or a Commonwealth citizen or foreign national with indefinite leave to remain in the UK

For more info go to:
http://www.policecouldyou.co.uk/officers/eligible.html
Yes, you need to have minimum ILR to join the police force....
Oh goodie, I can be a police officer. Freeze! Police!

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