Hello, Based on my rgular face-to-face work with caseworkers at one of the Home Office PEOs (same day appointments), if someone is on an HSMP/Tier1 visa AND he/she has P60s for 4(5) years or tax returns, that will not be a problem. Hopefully you are NOT staying unempoyed for more then 6 months, corr...

I have seen a few of those, too.

One poor soul put a tick in th wrong place ! Immidiate refusal under para 320 - DECEPTION = 10 year ban !

That what they relied upon. At the samne time that was the main reasons for refusal as well as the BHC clearly written that there were posters in teh Visa Application Centres that anyone who overstayed would be banned for a fixed period. It is not just the matter whether the BHC knew. They went much...

I have now come accross a number of Entry Clearances refusals (Settlement applications, lodged in MARCH 2008, following previos overstay, no removal or criminal issues etc) where the High Commusison would rely upon the mandatory refusal rules under para 320 (7). That means that the BHCs disregard th...

You can ask for a reconsideration but it is just a fiction.

You have been given the right of appeal under s82(1) NIAA 2002.

Use it.

Once we delt with such a case.

Unfortunatley, lost at the AIT and further at the High Court...

The applicant’s employment record will often be a significant consideration. The main purpose of the two Long Residence rules is to enable people who have been working here, or otherwise contributing to the economy, to regularise their position. Therefore, caseworkers need to consider what the pe...

Hello,

Please clarify whether it was a merge of the old company by a new company or you were posted to a different brach with different job ?

Hello, As a lady she has a bit nore chances of success with that, although there must be QUITE some evidence to prove that her life is in real danger if she returns. I wold say that her chances of success are slim, unless she gets legal aid=public funded lawyer and it goes on and on and on...AIT...H...

Hello, A bit unusual but one can expect that from the Home Office. Just follow the recommendation of the officer. It looks like there is a records that your visa expired and that you were due to leave the counrty (which you did). As WP and marraige are QUITE different categories the IO could suspect...

What prevents her to return and join you under the rules as your dependant ?

You could wait x years.

The situation does not look good to me.

technically it may be refused as the previou appplication was for Settlement, and now the person applies for a temporary visit ?

All depends on the merits of the application.

For example, a visitor visa to attend an appeal in the UK is likely to be granted.

Difficult to say indeed.

What does your solicitor mean implying to differenciate your case from...xxx ?

Hello, I am dealing with a number of Ukrainian clients on daily basis. The success of your partner's application will depend on whether she is going to VISIT you or STAY with you. Any hint on that she is going to STAY/LIVE etc with you is likely to result in a refusal. So, keep it to a coulle of wee...

Your chances of success would be higher if she applied being 65 or over.

Where did she apply from ? UK or India ?

The AIT would consider the facts at the application in most cases.

The case could be considered on its merits. The daughte is an EEA national. Is she working in the UK ? Can she prove that ? Have they been living together "under the same roof" ? A reporting condition must be observed (IS96), as otherwise a lady maybe detained and removed (certainly NOT de...

Hello, 1. Wait for a determination. 2. If successful, wait for another couple of weeks and chase the AIT. If no objection from the Home Office was received, send a copy of the determination to the Embassy/High Commission. 3. Chase the HOPO and ask him to forward a copy to the UK Visas. 4. Chase the ...

I do not think that a reconsideration will work. That normally work with administrative errors, slips of a pen etc.

You do have a right for an appeal under human rights, though.

I had a similar case last years.

Went as high as a High Court...negative...

Why not to stay legal and extend a visa for a few days (FLRO) has never been abolished.

Although you case could be outside the rules, it still could be considered on its merits...at the cost of extension, though.

Consider a marriage ?

Disagree. The Premium Service does only a basic check and will NOT charge you if they do not intend to issue you a visa. In any case you have 2 chances via Premium service - if not granted, you will be able to lodge a postal application, while if you only lodge it by post they would not tell you abo...

We were successful with the so-called Retention Right application, that is, if you could prove that you were married for 3+ years as well as both of your worked in the the for at least 12 months before the divorce took place, you would be able to claim EEA right in your own name. That is not ILR, th...

It much depends on the grounds for refusal. You indicate that the High Commission "found" that she was on benefits and that you overstayed. Did you declare that on the application form or did you only say that at the interview ? Depending on your answer you may have some chances of success...

It must not exceed 180 days in 5 years. When it is close to those 180 days, they ask for a seperate letter from the client's employer, confirming that the absences were in line with the annual leave and company's business. I often attend the Home Office on behalf of my clients. The caseworkers do co...

The folks are right - you will lose the case due to the judgement in D v SSHD; N v SSHD. There must definately be a very late stage (weeks from death) of HIV so the BIA would let you stay. D won his case, but her was very short from dying. N lost her case as her HIV was not at that stage that she wo...

Hello,

That is still possible. Go for COA. The only difference will be that the BIA will ask her to sign the affidvit that the intention is genuine.