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by Richard W
Sat Feb 20, 2016 5:35 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?

British people will go to the polls on the 23rd. I believe it will be business as usual on the 24th June. You think those laws will not go into effect after the referendum? The rules for decisions are unlikely to go into effect until Monday 27 June. This is when primary purpose will appear in EEA d...
by Richard W
Sat Feb 20, 2016 5:19 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 did not say 24 June 2017 , I said 24 June 2016 . A day after the referendum. I understood. I am selfishly worrying about the longer term, where those already in the EU may find they have lost their right of free movement. There's also the prospect of utter chaos if the loss of rights affects thos...
by Richard W
Sat Feb 20, 2016 4:50 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?

Obie wrote:I believe it will be business as usual on the 24th June.
What about 24 June 2017?
by Richard W
Sat Feb 20, 2016 4:48 pm
Forum: EU Settlement Scheme
Topic: Does the latest new EU Deal bring any effect to SS route?
Replies: 14
Views: 1023
England

Re: Does the latest new EU Deal bring any effect to SS route

As far as I am aware there is nothing in there regarding Surinder Singh so you should be fine, however, probably good to do Surinder Singh as soon as you can as you never know what may change next in this country :| The clarification that will hit the core part from the Surinder Singh judgement is:...
by Richard W
Sat Feb 20, 2016 4:23 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?

There was a long thread at the start of the month on this topic, but it's effectively gone missing - by accident, not deliberately. For the best analysis I can find - though the logic is not the best - see Professor Steve Peers' EU law blog . The actual text is at European Council conclusions - ther...
by Richard W
Fri Feb 19, 2016 10:04 pm
Forum: British Citizenship
Topic: Denied citizenship via windrush
Replies: 52
Views: 4613
England

Re: Born in Australia to a British mother, am I British ?

CR001 wrote:Likely that you were granted ILR or ILE on arrival in the UK ...
For my education, is that as iffy as giving ILE to a British citizen? After all, ConfusedGuy appears to have right of abode.
by Richard W
Fri Feb 19, 2016 7:12 pm
Forum: British Citizenship
Topic: Return BRP after Citizenship Ceremony within 5 days
Replies: 118
Views: 53408
England

Re: Return BRP after Citizenship Ceremony within 5 days

Richard W's point about its use as a document to evidence ILR at a point in the past, for purposes such as acquisition of British citizenship for children born in the UK to people settled in the UK, is a valid one and it is unclear if the government has thought it through. Presumably, given that su...
by Richard W
Fri Feb 19, 2016 5:02 pm
Forum: British Citizenship
Topic: Denied citizenship via windrush
Replies: 52
Views: 4613
England

Re: Born in Australia to a British mother, am I British ?

Unless your mother lost Citizenship of the United Kingdom and Colonies before you were born, you have the right of abode in the United Kingdom and are not a severe immigration offender with 29 years of overstay and having recourse to public funds to boot. Therefore I believe that you can cheaply reg...
by Richard W
Thu Feb 18, 2016 10:56 pm
Forum: British Citizenship
Topic: Sending ILR BRP
Replies: 10
Views: 592
England

Re: Sending ILR BRP

A British passport is a privilege, not a right. Passports are granted under the Royal prerogative, and the only right is not to be refused one arbitrarily. This is despite the fact that a British passport or certificate of Right of Abode is the only evidence of right of abode that an Immigration Off...
by Richard W
Thu Feb 18, 2016 10:39 pm
Forum: British Citizenship
Topic: if Ilr revoke and 2 child has British passport?
Replies: 15
Views: 1978
England

Re: if Ilr revoke and 2 child has British passport?

Thanks guys for your answers. Is anyone have any more knowledge about this and please share. Two children born in UK and got British passport based on father ILR, now if father ILR is revoked what will be status of two children. Thanks. Is there an echo? I suspect someone wants us to do his homewor...
by Richard W
Thu Feb 18, 2016 9:45 pm
Forum: British Citizenship
Topic: Sending ILR BRP
Replies: 10
Views: 592
England

Re: Sending ILR BRP

We cut up and send the ILR BRP to Home office after the Naturalisation, in case a British passport is refused for some reason. What to do this situation? A British citizen has no right to foreign travel, though except in exceptional circumstances, he may make his way to and from international water...
by Richard W
Thu Feb 18, 2016 9:36 pm
Forum: British Citizenship
Topic: Return BRP after Citizenship Ceremony within 5 days
Replies: 118
Views: 53408
England

Re: Return BRP after Citizenship Ceremony within 5 days

Once you become a British citizen it will be invalid and therefore useless anyway. Your statement is only true if British citizenship obtained by being born in the UK to a holder of ILR evidenced by a BRP lapses on the parent's being naturalised unless evidenced by a British passport or certificate...
by Richard W
Tue Feb 16, 2016 10:33 pm
Forum: EU Settlement Scheme
Topic: EEA citizen with NON-EU wife moving to UK
Replies: 6
Views: 439
England

Re: EEA citizen with NON-EU wife moving to UK

I recommend you get your wife over to the UK as soon as possible (e.g. on a family permit) before the changes to free movement come into effect and you suddenly have to meet the £18,600 a year financial threshold and pay the thousands of pounds for a visa and extensions of stay. If you're considerin...
by Richard W
Tue Feb 16, 2016 8:11 pm
Forum: British Citizenship
Topic: Return of ILR BRP
Replies: 10
Views: 824
England

Re: Return of ILR BRP

noajthan wrote:As per HO guidance this return of returning BRP has been the case since (at least) May 2015:
https://www.gov.uk/government/uploads/s ... n_v5_0.pdf

- ref page 9
But that's a claim of fact, not an instruction to holders.
by Richard W
Sun Feb 14, 2016 11:54 pm
Forum: British Citizenship
Topic: Return of ILR BRP
Replies: 10
Views: 824
England

Re: Return of ILR BRP

I'm not sure when exactly this requirement came into force but given that you weren't made aware of it, it may have been just after you naturalised so I am not a 100% sure of whether you'll need to send your BRP back, although doing so probably can't do any harm. You're assuming Nitro will never ne...
by Richard W
Sat Feb 13, 2016 10:48 pm
Forum: British Citizenship
Topic: British Passport Application with no foreign passport
Replies: 17
Views: 1443
England

Re: British Passport Application with no foreign passport

Never mind, I can't use this visa anyway for my travel. Need to apply for the British Passport as soon as possible. Well, if the worst comes to the worst, you might be able to use your Indian passport to travel to Italy and then make your way to the exported British border UK immigration teams at F...
by Richard W
Sat Feb 13, 2016 10:25 pm
Forum: British Citizenship
Topic: Return BRP after Citizenship Ceremony within 5 days
Replies: 118
Views: 53408
England

Re: Return BRP after Citizenship Ceremony within 5 days

I think the requirement to return has to be based on the date of naturalisation (i.e. the date of the ceremony). As far as I can see, the power is based on The Immigration (Biometric Registration) Regulations 2008 Regulation 16(1)(g) 16.—(1) The Secretary of State may require the surrender of a biom...
by Richard W
Sat Feb 13, 2016 5:34 pm
Forum: British Citizenship
Topic: Clarify British passport and citizenship nder section 3(2)
Replies: 21
Views: 3627
England

Re: Clarify British passport and citizenship nder section 3(

Actually, it is the other way round. The first requirement of both sections is "that the parent in question was a British citizen by descent at the time of the birth". So, even assuming that the OP is a British citizen by descent by registration (possible under some sections of the BNA 19...
by Richard W
Fri Feb 12, 2016 8:13 pm
Forum: British Citizenship
Topic: British Passport Application with no foreign passport
Replies: 17
Views: 1443
England

Re: British Passport Application with no foreign passport

Doesn't ceasing to be an Indian citizen automatically cancel the Indian passport? Perhaps, however, you should retrieve it (and not your wife's) promptly from the Italian visa system so that it can be physically cancelled by the Indian authorities and the cancellation exhibited to the passport offic...
by Richard W
Fri Feb 12, 2016 5:55 am
Forum: British Citizenship
Topic: RoA CoE for a British citizen child born in India
Replies: 196
Views: 24005
England

Re: Right to Abode for Baby born in India for British citize

Passport and Travel Information 1. Nationality - British No, Indian national (They specify as mentioned in ur travel document, so give Indian only.) 2. Do you currently hold, or have you ever held, any other nationality or nationalities? (yes or no) ? No (India does'nt allow dual citizenship, so me...
by Richard W
Fri Feb 12, 2016 5:20 am
Forum: British Citizenship
Topic: Question about nationality
Replies: 3
Views: 243
England

Re: Question about nationality

The key question is whether your father was British 'other than [merely] by descent'. When your father was born, was your grandfather in Mexico on 'Crown Service' or working for an inter-governmental organisation or similar? This could make your father British other than by descent, and then you are...
by Richard W
Thu Feb 11, 2016 5:27 pm
Forum: British Citizenship
Topic: Baby Citizenship
Replies: 3
Views: 279
England

Re: Baby Citizenship

As you hold ILR at this stage, the baby born in UK will automatically be British and eligible for passport. If the baby is born before you become a British citizen, you may need to get it a British passport before you lose the BRPs held at that time. Otherwise, you may have problems proving that it...
by Richard W
Sat Dec 19, 2015 4:17 pm
Forum: Immigration for family members
Topic: Spouse Visa for Recently Naturalised British Passport Holder
Replies: 4
Views: 481
England

Re: Spouse Visa for Recently Naturalised British Passport Ho

I was wondering what is the correct procedure to apply. Is it best to apply after the indian wedding in march 2016 or is there a way to apply now under 'engaged and intending to get married'? does something like that exists? Back in the day of routine interviews, it was possible to submit the appli...
by Richard W
Sat Dec 19, 2015 4:03 pm
Forum: Immigration for family members
Topic: FLR(M) Financial Req. Help
Replies: 10
Views: 661
England

Re: FLR(M) Financial Req. Help

if we combine all our incomes last 12 months income which is £25570. in financial requirement section in application form says we must be employed by same employer 6 months prior to application date...... are we meeting the financial requirement?? You need to consult Appendix FM 1.7 to understand w...
by Richard W
Sat Jul 18, 2015 4:54 am
Forum: EU Settlement Scheme
Topic: EEA Family Permit (UK citizen in Saudi with Thai wife)
Replies: 5
Views: 422
England

Re: EEA Family Permit (UK citizen in Saudi with Thai wife)

– proving your marriage (with UK-foreign office apostile less than three months old) and your income or savings (all English documents translated into Spanish through a registered translator), also supplying empadronimiento document and usual stuff (passport etc). I've heard that proving a marriage...