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by Decus et Tutamen
Wed Mar 12, 2008 11:44 am
Forum: General UK Immigration forum
Topic: Sposual visa - Greek citizen marrying Aust citizen (for UK)
Replies: 31
Views: 7317

You've got two choices. You can either apply for a family permit whilst you are in Australia or you can just turn up at the UK airport and seek entry under Regulation 11(4) of the Immigration (European Economic Area) Regulations 2006 which states:- Before an immigration officer refuses admission to ...
by Decus et Tutamen
Sat Mar 08, 2008 12:50 am
Forum: General UK Immigration forum
Topic: Aussie in UK with RoA- how best to apply for a British PPort
Replies: 9
Views: 2696

If the OP has a right of abode vignette in his AUS passport, why does he have to go through either a naturalisation or registration process?

The vignette by itself is recognition that he is otherwise considered to be a British citizen. A simple passport application will suffice.
by Decus et Tutamen
Fri Mar 07, 2008 9:41 pm
Forum: General UK Immigration forum
Topic: HELP HELP HELP ........ PLZ HELP
Replies: 12
Views: 2883

I'm with you Johnboy. I've not been a member here for long, but one doesn't have to be in order to realise that SYH serves no useful function, his raison d'etre being to snipe, sneer and belittle others less fortunate than he. Additionally, people in glass houses shouldn't throw stones: old SYH is p...
by Decus et Tutamen
Fri Mar 07, 2008 9:27 pm
Forum: General UK Immigration forum
Topic: Sposual visa - Greek citizen marrying Aust citizen (for UK)
Replies: 31
Views: 7317

What Mr. Rusty wrote would be correct if you were to make an application for leave to remain governed by the Immigration Rules, but yours will be under the relevant European legislation. Effectively, if you are married to a citizen of an EEA country who is considered to be a "qualified person&q...
by Decus et Tutamen
Fri Feb 08, 2008 12:11 pm
Forum: General UK Immigration forum
Topic: non-EU husband's family to visit UK PLEASE ADVISE
Replies: 9
Views: 1886

Yes, dependency would have to be established, but it is simply financial rather than emotional.

If the OP can demonstrate that either she or her husband send her mother-in-law money on a routine basis, this should be sufficient to demonstrate the point.
by Decus et Tutamen
Thu Feb 07, 2008 8:56 pm
Forum: General UK Immigration forum
Topic: non-EU husband's family to visit UK PLEASE ADVISE
Replies: 9
Views: 1886

Petana, As the mother-in-law of an EEA national, your husband's mother might consider applying for a family permit. This application is free of charge and would not be dependent upon demonstrating an intention to leave the UK at the end of the stay. You would simply have to show that you are an EEA ...
by Decus et Tutamen
Tue Feb 05, 2008 10:48 pm
Forum: General UK Immigration forum
Topic: Please help - regarding overstayer caught on exit
Replies: 32
Views: 8434

Forgive me if I'm wrong, but I thought the purpose of this forum was to guide people through the sometimes-rather-complex UK immigration laws, not to, as the OP seems to believe, help his brother perpetuate the criminal lies, cheating and deceit which he has practised for the last fourteen years. Yo...
by Decus et Tutamen
Tue Feb 05, 2008 9:24 pm
Forum: General UK Immigration forum
Topic: Please help - regarding overstayer caught on exit
Replies: 32
Views: 8434

How has your brother been managing to get new visit visas each time he has left the UK? Evidently he must have been misrepresenting himself to the visa officer when reapplying, and what about the Pakistani immigration officers' arrival stamps? Did he bung them a few quid to change the date on their ...
by Decus et Tutamen
Mon Feb 04, 2008 11:25 pm
Forum: General UK Immigration forum
Topic: helping my boyfriend to become a legal citizen
Replies: 17
Views: 3344

Unfortunately, the only remedy in the short-term, if your boyfriend wishes to legitimise his status in the UK, is to leave and apply for a visa to come back in the relevant capacity. This applies equally should you marry. Indeed, as your boyfriend is neither British, nor EEA, he would require a cert...
by Decus et Tutamen
Mon Feb 04, 2008 2:34 pm
Forum: General UK Immigration forum
Topic: helping my boyfriend to become a legal citizen
Replies: 17
Views: 3344

As Paul suggests, there's nothing stopping your boyfriend's employer applying for a work permit on his behalf. However, if he were successful, he would have to leave the UK to apply for a visa to come back as a work permit holder. The other downside is that applying for a work permit would almost ce...
by Decus et Tutamen
Thu Jan 31, 2008 9:30 pm
Forum: General UK Immigration forum
Topic: Removal
Replies: 35
Views: 10061

In the circumstances you've outlined here, it doesn't really matter whether you're in line for removal or deportation; your 14-year clock stopped ticking in March 2001 when you were treated as an illegal entrant. The introduction of £10,000 fines for people who employ those without authority to wor...
by Decus et Tutamen
Wed Jan 30, 2008 11:24 pm
Forum: General UK Immigration forum
Topic: Student Visa Question
Replies: 8
Views: 1877

An applicant for a student visa does have to satisfy the ECO that s/he intends to leave the UK at the end of his/her studies. In assessing the likelihood of your girlfriend returning to Russia, the ECO should balance the relevant factors. The principal factor here would appear to be, does your girlf...
by Decus et Tutamen
Wed Jan 30, 2008 11:09 pm
Forum: General UK Immigration forum
Topic: Brazilian au pair/nanny visa help!
Replies: 6
Views: 5466

Re: Brazilian au pair/nanny visa help!

I don't know exactly what happens with individual employers..... From the end of Feb this year it will be a maximum of £10,000.00 fine per employee. The OP has a choice of hiring an au pair from an EEA country or, as per the Immigration Rules, a national of one of the following countries: Andorra,...
by Decus et Tutamen
Wed Jan 30, 2008 9:44 pm
Forum: General UK Immigration forum
Topic: Stamping a UK/EU Passport
Replies: 11
Views: 3392

I was given to believe that for an IO to endorse either a British or EEA passport could be construed as having treated the holder as subject to immigration control which, of course, they are not, and would be illegal. There is a myriad of reasons why someone not subject to immigration control may as...
by Decus et Tutamen
Sat Jan 26, 2008 5:21 pm
Forum: General UK Immigration forum
Topic: separation and divorce to an eea national
Replies: 10
Views: 3075

It's a standard letter that the BIA sends out to all applicants in your situation. It's just confirmation that you have made an application, and doesn't indicate its likely success or otherwise.
by Decus et Tutamen
Thu Jan 24, 2008 11:24 pm
Forum: General UK Immigration forum
Topic: Very few Solicitors Know About this Rule?
Replies: 16
Views: 3755

It says that the IO has to be satisfied that refusal on those grounds is not justified: i.e. if the IO is not so satisfied, refusal may ensue.
by Decus et Tutamen
Wed Jan 23, 2008 9:46 pm
Forum: General UK Immigration forum
Topic: Sposual visa - Greek citizen marrying Aust citizen (for UK)
Replies: 31
Views: 7317

If the OP makes a successful application and lets us know, we'll find out, won't we? They have absolutely nothing to lose by doing so, because there's no fee for such applications, and even if it is refused just because of the no-switching technicality all they've got to do is apply in the spouse's...
by Decus et Tutamen
Mon Jan 14, 2008 11:51 pm
Forum: General UK Immigration forum
Topic: Back and forth between UK and Canada
Replies: 17
Views: 3549

From chapter 18 Annex B 1.1 of the Nationality Instructions:- The main purposes of the residence requirements are to allow an applicant to demonstrate close links with, and commitment to, the United Kingdom, and to enable the Home Secretary to assess the strength of that commitment and the applicant...
by Decus et Tutamen
Mon Jan 14, 2008 11:31 pm
Forum: General UK Immigration forum
Topic: Back and forth between UK and Canada
Replies: 17
Views: 3549

Also, the point of the residency test is that naturalisation is only given to those who have demonstrated a committment to living in the U.K., so to apply and then hot-foot it to Canada would, perhaps, cause them to think again.
by Decus et Tutamen
Mon Jan 14, 2008 11:06 pm
Forum: General UK Immigration forum
Topic: Back and forth between UK and Canada
Replies: 17
Views: 3549

Thank you very much for your prompt response. I should have been a little more clear and mentioned that I originally came over here June 18 '05 on a working holidaymaker visa. In which case, you're good to go once you have your indefinite leave. You can apply for the ILR once you've spent 23 months...
by Decus et Tutamen
Mon Jan 14, 2008 10:56 pm
Forum: General UK Immigration forum
Topic: Sposual visa - Greek citizen marrying Aust citizen (for UK)
Replies: 31
Views: 7317

I do not think they issue CoAs to individuals on tourist visas.. It all changed about eight months ago when they were given a clogging by the judiciary. Now anyone, even those unlawfully in the UK, may be issued with a CoA. http://www.bia.homeoffice.gov.uk/sitecontent/documents/visitingtheuk/coagui...
by Decus et Tutamen
Mon Jan 14, 2008 10:47 pm
Forum: General UK Immigration forum
Topic: Sposual visa - Greek citizen marrying Aust citizen (for UK)
Replies: 31
Views: 7317

I don't see how they can't approve unless they can otherwise demonstrate it is either a marriage of convenience or public health/security concerns kick in. As such an application would be governed by Directive 2004/38 and the 2006 UK Regulations, rather than the Immigration Rules, the no switching r...
by Decus et Tutamen
Mon Jan 14, 2008 10:28 pm
Forum: General UK Immigration forum
Topic: Sposual visa - Greek citizen marrying Aust citizen (for UK)
Replies: 31
Views: 7317

You can obtain a certificate of approval, marry and then make a free application to the BIA for a residence permit as the family member of an EEA national. You would have to demonstrate that your spouse is Greek, that you are married and that s/he is considered to be a "qualified person", ...
by Decus et Tutamen
Mon Jan 14, 2008 10:22 pm
Forum: General UK Immigration forum
Topic: Back and forth between UK and Canada
Replies: 17
Views: 3549

As the spouse of a British citizen, you can apply for naturalisation once you have been in the UK for 3 years, so in your case this would appear to be Sept 09. However, there are residency qualifications, and if you move back to Canada in October 2008, it is probable that you will not meet the crite...
by Decus et Tutamen
Mon Jan 14, 2008 9:27 pm
Forum: General UK Immigration forum
Topic: EEA family permit possible for refugee applicant outside UK?
Replies: 8
Views: 2253

Bearing in mind the recent Tribunal determination which established that regulation 12 of the Immigration (EEA) Regulations 2006 is a construct of UK law and has no foundation in Directive 2004/38, I'd say the OP's husband should apply for a family permit regardless of his current status in Ireland....