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by secret.simon
Tue May 19, 2015 3:07 pm
Forum: Immigration for family members
Topic: Immigration - Few questions
Replies: 4
Views: 371

Re: Immigration - Few questions

You can travel on your old passport and ILR while your naturalisation is under consideration, assuming you have gone through NCS. Non EEA spouses of British citizens and ILR holders both apply for the "dependant of a settled person" visa. So whether you are ILR holder or British citizen wi...
by secret.simon
Tue May 19, 2015 3:01 pm
Forum: Immigration for family members
Topic: less than 30 months on brp
Replies: 4
Views: 353

Re: less than 30 months on brp

Which visa are you on?
What is the end date of the visa?
What form did you apply on?
When did you apply and when did you get the BRP?
by secret.simon
Tue May 19, 2015 2:24 pm
Forum: British Citizenship
Topic: child born outside UK
Replies: 4
Views: 187

Re: child born outside UK

Incorrect. The law requires one parent to be an Indian citizen. OCI is not Indian citizenship as per Indian law. As I mentioned earlier, if one of the parents was British and the other was an Indian citizen with ILR, the child could claim dual citizenship till the age of 18. As both parents were Bri...
by secret.simon
Tue May 19, 2015 10:27 am
Forum: British Citizenship
Topic: Can't find stamp on passport
Replies: 4
Views: 314

Re: Can't find stamp on passport

I presume that he is a non-EEA citizen. EEA passports are of course never stamped within the EEA.

Till April 2015, the UK did not have exit checks and hence there would be no exit stamps from any UK airport. But he should have an entry stamp at the airport that he landed at. Does he have that?
by secret.simon
Tue May 19, 2015 10:18 am
Forum: British Citizenship
Topic: child born outside UK
Replies: 4
Views: 187

Re: child born outside UK

If both parents are British citizens, the child does not have Indian citizenship and hence can not get an Indian passport. http://indiancitizenshiponline.nic.in/citizenshipact1.htm The only option for the parents is to apply for a British passport. If either one of the parents was an Indian citizen ...
by secret.simon
Tue May 19, 2015 12:56 am
Forum: General UK Immigration forum
Topic: Stay in Uk or move to Hong Kong?
Replies: 4
Views: 260

Re: Stay in Uk or move to Hong Kong?

You may find this forum useful for more options on moving to Hong Kong http://britishexpats.com/forum/china-hong-kong-151/ It seems that the Tories, while in coalition, wanted to set the earnings threshold for getting your spouse from outside the EU at £40,000, but that the Lib Dems got them to redu...
by secret.simon
Mon May 18, 2015 11:21 pm
Forum: General UK Immigration forum
Topic: Entering & Staying in the UK with Slovak Naturalisation
Replies: 8
Views: 450

Re: Entering & Staying in the UK with Slovak Naturalisation

I was unaware of the details that newperson provided.

@AliceSwan is there any urgency to your travel to the UK? It sounds as if it would be best to get a Slovak passport or identity card before travel.
by secret.simon
Mon May 18, 2015 11:12 pm
Forum: General UK Immigration forum
Topic: Stay in Uk or move to Hong Kong?
Replies: 4
Views: 260

Re: Stay in Uk or move to Hong Kong?

Quite a few questions in your post. I will try to answer as many as I can, but most of them have already been covered in your earlier thread . You mentioned that you work, but it is part-time. Is it possible to either increase your hours or take an additional part time job? A six month courtship is ...
by secret.simon
Sun May 17, 2015 12:02 am
Forum: Indefinite Leave to Remain
Topic: If a partner is not eligible for ILR, what would happen?
Replies: 9
Views: 2090

Re: If a partner is not eligible for ILR, what would happen?

Were your children born in the UK or abroad? A Tier 2 Dependant visa can be extended, but only while you are still a Tier 2 visa holder. Once you get ILR, your husband will need to apply for a dependant of a settled person visa, which I believe would reset his clock and he will need to wait for anot...
by secret.simon
Sat May 16, 2015 11:50 pm
Forum: General UK Immigration forum
Topic: How accurately Case Worker count absent in the UK
Replies: 3
Views: 776

Re: How accurately Case Worker count absent in the UK

I am guessing that there has been a change in policy at the Home Office since 2012. Perhaps you should raise an FoI with the Home Office to clarify your question (of how the caseworker can verify absences, particularly in case of a lost/stolen passport). For the avoidance of doubt, I am not the pers...
by secret.simon
Sat May 16, 2015 11:34 pm
Forum: Indefinite Leave to Remain
Topic: Will I loose my ILR visa if I work abroad for 3 years?
Replies: 25
Views: 6882

Re: Will I loose my ILR visa if I work abroad for 3 years?

I wanted to know if I can apply for a work permit in Germany and at around the same time for a BC. (I.e. you have to live in the UK for most of the last year before applying for a BC if I am not mistaken, so I am not sure if say looking for an abroad work permit is allowed. And even if it's technic...
by secret.simon
Sat May 16, 2015 5:34 pm
Forum: General UK Immigration forum
Topic: Entering & Staying in the UK with Slovak Naturalisation
Replies: 8
Views: 450

Re: Entering & Staying in the UK with Slovak Naturalisation

@newperson I doubt she would have an issue with the check-in desk, as the OP has an American passport and she can use that to travel to the UK visa free just fine. It will be the immigration officers that will be a challenge. That was a good idea about carrying a certified translation as well. @Alic...
by secret.simon
Sat May 16, 2015 5:13 pm
Forum: Indefinite Leave to Remain
Topic: Will I loose my ILR visa if I work abroad for 3 years?
Replies: 25
Views: 6882

Re: Will I loose my ILR visa if I work abroad for 3 years?

The underlying meaning of ILR is that you are settled in the UK and that you have indefinite leave to remain in the UK. But nonetheless, it is leave that can be revoked, even by the Immigration Officer at the airport. I would interpret (and I am not an immigration officer or lawyer, but another appl...
by secret.simon
Fri May 15, 2015 11:33 pm
Forum: British Citizenship
Topic: Naturalisation as spouse of BC
Replies: 13
Views: 444

Re: Naturalisation as spouse of BC

You can apply for citizenship on either the 3 year or 5 year route.

It is recommended that you use NCS rather than a solicitor as the Home Office have an arrangement with them about certifying passport copies and verifying forms.
by secret.simon
Fri May 15, 2015 11:22 pm
Forum: British Citizenship
Topic: not sure which route if any
Replies: 28
Views: 1024

Re: not sure which route if any

Because of how long you have been here, it may be much simpler. From the original post, it seems that you arrived in the UK before 2000 (that is so last century :D but anyways...). If you can prove that (the best proof would be the passport that you entered on), it seems that you, as an EEA citizen ...
by secret.simon
Fri May 15, 2015 11:09 pm
Forum: British Citizenship
Topic: adult child of a naturalized British father
Replies: 37
Views: 4893

Re: adult child of a naturalized British father

If your parents were not married at the time of your birth, you would not be British by descent and so can not apply for a passport straighaway. However,if your father is named on your birth certificate and you have a naturalization certificate dated before your birth, you should now be able to appl...
by secret.simon
Fri May 15, 2015 12:42 pm
Forum: General UK Immigration forum
Topic: Entering & Staying in the UK with Slovak Naturalisation
Replies: 8
Views: 450

Re: Entering & Staying in the UK with Slovak Naturalisation

Under EU rules, so long as you can demonstrate to the immigration officer that you are an EU citizen, you have a right to enter the UK. In theory, you could use the American passport to prove your identity and the Slovak naturalisation certificate to prove your EU status. But be aware that you will ...
by secret.simon
Thu May 14, 2015 9:21 pm
Forum: Indefinite Leave to Remain
Topic: when can i apply for ILR??
Replies: 5
Views: 366

Re: when can i apply for ILR??

The link that you have added also says that another requirement is -> You’ve been granted indefinite leave to stay in the UK (or permanent residence if you’re an EEA national) To get ILR as a spouse, you will need to spend five years on a spouse visa. As you would have then also completed three year...
by secret.simon
Thu May 14, 2015 6:09 am
Forum: Immigration for family members
Topic: Children of a dead british citizen
Replies: 11
Views: 3662

Re: Children of a dead british citizen

Father was a british citizen at the time of children's brith If the father was a British citizen at the birth of the children AND that can be demonstrated (by the father's naturalisation or registration certificate and the children's birth certificate, for instance), they are British by descent and...
by secret.simon
Wed May 13, 2015 9:39 pm
Forum: Immigration for family members
Topic: Children of a dead british citizen
Replies: 11
Views: 3662

Re: Children of a dead british citizen

As a side question, would the children qualify for a UK Ancestry visa if the father was British after birth?
by secret.simon
Wed May 13, 2015 9:18 pm
Forum: Indefinite Leave to Remain
Topic: 10 yrs to 13 yrs ukba
Replies: 7
Views: 431

Re: 10 yrs to 13 yrs ukba

Casa wrote:What do you mean by 'SAYTING'? This isn't a word in the English language.
From the context, I would guess he means staying
by secret.simon
Wed May 13, 2015 8:45 pm
Forum: Claiming Benefits
Topic: Can we claim JSA ?
Replies: 10
Views: 1185

Re: Can we claim JSA ?

I believe that since 2014, an EEA national or family member of EEA national has to wait for three months before registering for income based JSA. While your spouse is (obviously) married to a British citizen, as she came into the country under the EEA Regulations, she would be treated as the family ...
by secret.simon
Wed May 13, 2015 8:27 pm
Forum: Europe immigration forum
Topic: Is Schengen visa required to visit Europe with spouse?
Replies: 4
Views: 396

Re: Is Schengen visa required to visit Europe with spouse?

It is a silly question, but what do you mean by "off shore workers visa"? Is it off shore as in off shore oil wells, in UK waters, or is it off shore as in off shore banking, such as the Channel Islands/Isle of Man? Are you British or an EEA citizen? On the assumption that you are, travell...
by secret.simon
Tue May 12, 2015 9:14 pm
Forum: Claiming Benefits
Topic: I was left homeless and with no income
Replies: 5
Views: 332

Re: I was left homeless and with no income

I think (I could be wrong) that being in receipt of JSA counts as being "economically active" in terms of EEA regulations and that would have qualified the OP for PR had it been a continuous five year period of JSA. No legal advice here, but has the OP asked for restoration of JSA with bac...
by secret.simon
Tue May 12, 2015 8:44 pm
Forum: Indefinite Leave to Remain
Topic: ILR under 10 years long residency and Human Rights 1998
Replies: 7
Views: 1509

Re: ILR under 10 years long residency and Human Rights 1998

Do not conflate the two. The 10 year long residency route is a part of the Immigration Rules and is not directly affected by the repeal of the Human Rights Act. If anything, it is far simpler to remove by a simple change of the Rules by Statutory Instrument that can be implemented in 40 days. What r...