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by Richard W
Mon Feb 29, 2016 5:47 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 35436
England

Re: New EU deal: Free-movement rights gone?

I've flattened the quote structure. For example, a Frenchman moving with his non-EU spouse spouse to the UK would have to come in on the points-based system, and an Englishman moving to France would need a work permit. There are no changes to free movement for the EU spouse - it's the non-EU partner...
by Richard W
Sun Feb 28, 2016 9:48 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality could it be revoked -not free to mar

He may have been domiciled in US at time of 1st marriage; 1st wedding was in US! not in Pakistan - does Pakistan have jurisdiction over US wedding contracts? Why not? Scottish courts can terminate marriages contracted in England and English courts can terminate marriages contracted in Thailand. Wha...
by Richard W
Sun Feb 28, 2016 9:17 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality could it be revoked -not free to mar

Hard to see how anyone savvy enough to live, work & marry in a Western country (US) can think a local Pakistan divorce can overturn a marriage contracted in US jurisdiction. In Pakistani law, why would a Pakistani divorce not terminate the marriage of a male Pakistani resident and domiciled in ...
by Richard W
Sun Feb 28, 2016 8:33 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality could it be revoked -not free to mar

I don't see what the place of marriage or the domicile of the wives has to do with the matter. Ah! Now I do. If the second wife was domiciled in England (but what if Scotland or Northern Ireland?), then the marriage wasn't valid in English law. (Would the incapacity extend to Pakistani law?) Howeve...
by Richard W
Sun Feb 28, 2016 8:05 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality could it be revoked -not free to mar

Richard go and grab yourself a SET(M) form and read under relationship. Those questions have existed since conception. Are you the person to go to for questions on the content of forms? I'm having no joy in finding old forms on-line. Given that the OP was asked about previous marriages on SET(M) in...
by Richard W
Sun Feb 28, 2016 7:41 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality could it be revoked -not free to mar

The first marriage didn't take place under Pakistani law. The OP writes " I was previously, married in USA " And it appears that his British 'wife' was domicile in the UK at the time of their marriage. " She happily moved to Pakistan as it was her first experience living abroad since...
by Richard W
Sun Feb 28, 2016 6:12 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality, revoked after getting a Divorce?

Richard, I don't know what forms you've read but settlement forms based on having a British spouse/CP have always asked if the applicant or sponsor have ever married. To which the OP will have answered that he was married to the second wife. If there's a question about former spouses of the applica...
by Richard W
Sun Feb 28, 2016 2:35 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality, revoked after getting a Divorce?

Despite having lived together for 3 years?
by Richard W
Sun Feb 28, 2016 2:02 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality, revoked after getting a Divorce?

The critical point, that I think we established, was that the OP's continued possession of Pakistani citizenship is irrelevant to whether he loses British citizenship because of a claim of fraud. The OP's issues come down to whether (a) he is believed and (b) whether he should have mentioned his pre...
by Richard W
Sun Feb 28, 2016 12:44 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 35436
England

Re: New EU deal: Free-movement rights gone?

I understand now thank you for explaining. However, after re-reading this thread I think what liksah said makes more sense and I hope he/she is correct: http://www.immigrationboards.com/search.php?keywords=bingo&t=203556&sf=msgonly "who had no prior lawful residence probably means: wer...
by Richard W
Sun Feb 28, 2016 12:21 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 35436
England

Re: New EU deal: Free-movement rights gone?

For example, a Frenchman moving with his non-EU spouse spouse to the UK would have to come in on the points-based system, and an Englishman moving to France would need a work permit. There are no changes to free movement for the EU spouse - it's the non-EU partner would have to comply with local la...
by Richard W
Sun Feb 28, 2016 7:11 am
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 35436
England

Re: New EU deal: Free-movement rights gone?

Please clarify how the supposed changes would affect an EU citizen who lives in the US and married an american. The EU spouse has never lived in Europe. Would the couple still be able to move together to any EU country (in our case Ireland) under movement rights? If the US spouse has never lived in...
by Richard W
Sat Feb 27, 2016 9:59 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality, revoked after getting a Divorce?

Obie wrote:... the Secretary of State who is seeking to with withdraw a certificate of naturalisation ...
A quibble, but the certificate is not withdrawn. The miscreant will still have been British, and children born while he was British will remain British.
by Richard W
Sat Feb 27, 2016 8:21 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality, revoked after getting a Divorce?

My argument is very straightforward, if there is no reasonable believe on the part of the Secretary of State that the person may acquire or has another nationality, then that provision cannot be invoked. That's a fair statement of the usual interpretation of the law. However, 'or has another nation...
by Richard W
Sat Feb 27, 2016 7:25 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality, revoked after getting a Divorce?

The subsubsection number in Obie's quote is garbled; it is Section 40(4A)(c). section 40A (c) of the British Nationality Act 1981 states: (C)the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside the United Kingdom, to bec...
by Richard W
Sat Feb 27, 2016 4:15 pm
Forum: Indefinite Leave to Remain
Topic: Passport Stamps / E-Tickets conundrum
Replies: 16
Views: 716
England

Re: Passport Stamps / E-Tickets conundrum

My problem isn't solved by a SAR - I'm looking to show when I entered HKG, SAR won't show that - and the UK don't scan passports on exit, only entry. But they do collect passenger manifests form the airlines, for both incoming and outgoing flights. Of course, it won't show when you [entered Hong Ko...
by Richard W
Sat Feb 27, 2016 2:13 pm
Forum: British Citizenship
Topic: British Passport Interview
Replies: 10
Views: 5466
England

Re: British Passport Interview

An English guy I work with managed to fail his interview. He knew too little about his mother's relatives. Questions about grandparents might also be difficult if they had to be researched for the application.
by Richard W
Sat Feb 27, 2016 12:01 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality, revoked after getting a Divorce?

66(1)(c) is apparently shifting the burden of Statelessness to a foreign country; based on the Secretary of State's interpretation of the foreign country's nationality laws. I am no sure it is shifted. The Secretary of state has to have reasonable believe that the person will be able to regain his ...
by Richard W
Sat Feb 27, 2016 11:07 am
Forum: EU Settlement Scheme
Topic: PR after Brexit
Replies: 14
Views: 1832
England

Re: PR after Brexit

ohara wrote:It would be akin to something North Korea would do.
It's quite European. Remember the expulsions of Poles and Germans, and more recently of Serbs and Albanians. It would also get very nasty when it came to people whom no country would accept.
by Richard W
Sat Feb 27, 2016 12:21 am
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality, revoked after getting a Divorce?

Recent changes now mean BC can now be revoked even if it leaves someone stateless. For reasons other than fraud? Yes. British Nationality Act 2014 Section 66 allows a naturalised citizen to be deprived of British nationality if the Secretary of State is satisfied that the deprivation is conducive t...
by Richard W
Sat Feb 27, 2016 12:09 am
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 35436
England

Re: New EU deal: Free-movement rights gone?

As to Robsters case, he may be safe. He's in his second EU state, so he's not definitely targeted. The issue is whether what we face is the change as described in the declaration or the more specific change that national law should apply for the first member state resided in. The latter makes most s...
by Richard W
Fri Feb 26, 2016 11:44 pm
Forum: Referendum-News and Developments
Topic: New EU deal: Free-movement rights gone?
Replies: 358
Views: 35436
England

Re: New EU deal: Free-movement rights gone?

A lot of states were opposed to Metock. Other than Denmark and Ireland and to a lesser extent UK, can you please enlighten me on the rest of these many countries that opposed Metock are? Possibly I'm reading too much into the list of those who submitted observations in the Metock case, but the list...
by Richard W
Fri Feb 26, 2016 11:09 pm
Forum: British Citizenship
Topic: British Nationality could it be revoked -not free to marry.
Replies: 51
Views: 8203
England

Re: British Nationality, revoked after getting a Divorce?

secret.simon wrote:Given that you (presumably) have dual citizenship, it is easier to revoke your British citizenship as you will not be rendered stateless.
British nationality obtained by fraud can be, and is, revoked regardless of whether it would leave someone stateless. Germany has the same principle.
by Richard W
Fri Feb 26, 2016 10:40 pm
Forum: British Citizenship
Topic: British Passport Revoked
Replies: 63
Views: 9010
England

Re: British Passport Revoked

I am minded to go as far as to say a registration certificate would have been issued under 3 (1), as there is no power under section 6 (1) to naturalise a minor. When did the registration of children as British cease to be recorded on a naturalisation certificate? The most recent example I could fi...
by Richard W
Fri Feb 26, 2016 10:33 pm
Forum: British Citizenship
Topic: Citizenship when Children turn 18
Replies: 12
Views: 1389
England

Re: Citizenship when Children turn 18

Registration for children is the same as naturalisation for adults, same process just a different name. Once registered as British, the child is British, it is not lost at 18. Note that registration is also available for adults in some categories. The basic idea is that registration is for those wh...