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by secret.simon
Mon Apr 15, 2024 3:06 pm
Forum: Immigration for family members
Topic: Do we have the possibility of switching?
Replies: 2
Views: 396

Re: Do we have the possibility of switching?

This is the second time renewing now, so 5 odd years done. Even if you switch to the FLR(M)/spousal route, you will not benefit in any way. Your husband will need to spend five years on the FLR(M)/spousal route in order to qualify for ILR. That clock will therefore start from zero when he switches ...
by secret.simon
Mon Apr 15, 2024 3:02 pm
Forum: Immigration for family members
Topic: easy to answer question (I think).
Replies: 3
Views: 459

Re: easy to answer question (I think).

If both parties are dual British-Pakistani citizens, the divorce can be in either the UK or Pakistani courts. But there needs to be a judicial/legal divorce, with the legal paperwork to prove the divorce. The divorce needs to be finalised (by a decree absolute in English law, if divorcing in England...
by secret.simon
Sun Apr 14, 2024 2:18 pm
Forum: General UK Immigration forum
Topic: Can I apply for 5 year uk visit visa for my parents?
Replies: 2
Views: 473

Re: Can I apply for 5 year uk visit visa for my parents?

Also see this thread.
by secret.simon
Fri Apr 12, 2024 5:29 am
Forum: British Citizenship
Topic: Is a child of a British (by naturalization) citizen a British citizen?
Replies: 12
Views: 1532

Re: Is a child of a British (by naturalization) citizen a British citizen?

Does that mean I will have to deliver my child's passport to him/her when it is processed in order for my child to be able to cross the UK border? Better for your wife to make the application from the Philippines. That way, the passport will be given to her there. Keep in mind that overseas applica...
by secret.simon
Fri Apr 12, 2024 12:50 am
Forum: British Citizenship
Topic: Leaving the country while a citizenship application is processing
Replies: 21
Views: 1256

Re: English Language requirement For someone who has obtained GCSE and A-levels and has lived in UK for 11 years

It would have been easier if you hadn't attended already, but UKVI would contact you to ask for proof of English I think, rather than outright rejecting your application. I would book a test as soon as possible and send it with a cover note to explain your oversight. I concur with this advice, but ...
by secret.simon
Fri Apr 12, 2024 12:47 am
Forum: Immigration for family members
Topic: ILTE living aboard for study
Replies: 1
Views: 271

Re: ILTE living aboard for study

the older one has been offered a place at a university for her higher education. However, despite being accepted for her chosen course, the university has classified her as an international student, entailing a hefty annual fee of 17.5K. In order to be classed as a Home Student in England, one of t...
by secret.simon
Thu Apr 11, 2024 9:51 pm
Forum: General UK Immigration forum
Topic: Marriage visitor visa refused
Replies: 9
Views: 932

Re: Marriage visitor visa refused

(a) A Marriage Visitor visa means that the applicant is meant to leave the UK after the marriage. Is that the plan?
(b) Is there any reason that the marriage can't take place outside the UK, such as in the other partner's home country/country of habitual residence?
by secret.simon
Thu Apr 11, 2024 8:19 pm
Forum: British Citizenship
Topic: Leaving the country while a citizenship application is processing
Replies: 21
Views: 1256

Re: English Language requirement For someone who has obtained GCSE and A-levels and has lived in UK for 11 years

How did you acquire ILR? Did you submit an English language test for your ILR?
by secret.simon
Thu Apr 11, 2024 3:38 pm
Forum: British Citizenship
Topic: British Citizenship
Replies: 1
Views: 424

Re: British Citizenship

I have a British Overseas Passport as well as ILR with no time limit - I need to apply for a full British passport but do I REALLY have to go through the Naturalization process at a cost of almost £1600.00? Merely a BOC and ILR does not entitle you to a full British passport. You could however regi...
by secret.simon
Thu Apr 11, 2024 3:02 pm
Forum: General UK Immigration forum
Topic: ILR & eGates - can they change visa status? And how to check?
Replies: 7
Views: 1540

Re: ILR & eGates - can they change visa status? And how to check?

I have never heard of eGates changing status from ILR to visitor visa. The guidance given by zimba above is at variance with the less-than-clear law on this point, which confuses matters even more. I think the relevant law on entry via E-Gates is Section 8A and 8B of the Immigration (Leave to Enter...
by secret.simon
Wed Apr 10, 2024 7:20 pm
Forum: Immigration for family members
Topic: Limit on staying out of UK?
Replies: 6
Views: 575

Re: Limit on staying out of UK?

What is the UK immigration status of the her sponsor?
by secret.simon
Tue Apr 09, 2024 5:06 pm
Forum: US immigration
Topic: ESTA & Transit Visa
Replies: 6
Views: 1757

Re: ESTA & Transit Visa

2) Indian passport holder (with US visitor visa) need a transit visa if we are travelling via Lisbon(Portugal) Not if transiting via Portugal or any of the other Schengen Zone states except Germany, France, Spain and the Czech Republic (the latter four require Airport Transit Visas for Indian passp...
by secret.simon
Tue Apr 09, 2024 4:34 pm
Forum: Indefinite Leave to Remain
Topic: Apply for ILR right after getting GTV
Replies: 2
Views: 929

Re: Apply for ILR right after getting GTV

Setting aside the question about ILR eligibility for a minute, be aware that you will only be eligible to apply for British citizenship only after a minimum of five years in the UK. So, if you are applying for ILR after three years in the UK, you will still need to wait for a further two years befor...
by secret.simon
Tue Apr 09, 2024 4:23 pm
Forum: EU Settlement Scheme
Topic: Replacement card settle
Replies: 3
Views: 826

Re: Replacement card settle

2 Update, replace or transfer your biometric residence card (BRC) Most likely this. Replacement residence cards You need to replace your UK residence card if you plan to travel abroad and return to the UK and all of the following apply: you would usually need a visa to travel to the UK but you have...
by secret.simon
Tue Apr 09, 2024 4:08 pm
Forum: British Citizenship
Topic: Applying discretion in absence: met or didn't meet requirements?
Replies: 15
Views: 1187

Re: Applying discretion in absence: met or didn't meet requirements?

nopal wrote:
Tue Apr 09, 2024 3:46 pm
is there a different application all together?
No.
nopal wrote:
Tue Apr 09, 2024 3:46 pm
or do I state that I'd like to be considered on the 5 year route in my cover letter?
Yes.
by secret.simon
Mon Apr 08, 2024 9:51 pm
Forum: British Citizenship
Topic: British Citizenship
Replies: 2
Views: 843

Re: British Citizenship

Did you apply for and get any form of documentation about your residence in the UK, either a Residence Certificate or a Document certifying Permanent Residence, before 2020? They would have been a blue coloured tri-fold card. You could try applying for Settled Status when you are back in the UK (it ...
by secret.simon
Thu Apr 04, 2024 8:53 pm
Forum: British Citizenship
Topic: Child first passport, after parents ILR and British passport
Replies: 8
Views: 569

Re: Child first passport, after parents ILR and British passport

You must prove that you had ILR before the birth of the child.

What proof of your ILR status predating the child's birth did you provide with the application?
by secret.simon
Thu Apr 04, 2024 5:49 pm
Forum: Other countries
Topic: Indian passport renew denied for children
Replies: 14
Views: 2369

Re: Indian passport renew denied for children

Thank you Simon for your advise. Is it legal to share the recent judgement copy from Delhi high court for a similar case to Indian high commission and request them reconsider their decision not to renew the passport for Indian born children living in uk ? Though judgement copy is Available to downl...
by secret.simon
Thu Apr 04, 2024 5:46 pm
Forum: Other countries
Topic: Indian passport renew denied for children
Replies: 14
Views: 2369

Re: Indian passport renew denied for children

RonV , were the two friends married to each other, i.e. were they are family unit applying for naturalisation together, with both parents having ILR? Note that in the case of the OP, the mother/wife is still on FLR(M) and does not have ILR. Also, the OP's question is specifically about the child be...
by secret.simon
Thu Apr 04, 2024 5:43 pm
Forum: British Citizenship
Topic: Referee with criminal conviction
Replies: 8
Views: 751

Re: Referee with criminal conviction

I am not a lawyer, keep that in mind. I am interpreting it in it's plain meaning.

I think it means that the offence that you were convicted of can or does carry a prison sentence is enough, even if you don't actually serve time for it.
by secret.simon
Thu Apr 04, 2024 5:32 pm
Forum: British Citizenship
Topic: Referee with criminal conviction
Replies: 8
Views: 751

Re: Referee with criminal conviction

It is explicitly stated in both the Form AN guidance and the Form MN1 guidance in identical language. We will not usually accept a referee who has been convicted of an imprisonable offence during the last 10 years The absence of the table may just mean that the two guidances have been updated, but t...
by secret.simon
Wed Apr 03, 2024 3:58 pm
Forum: Other countries
Topic: Indian passport renew denied for children
Replies: 14
Views: 2369

Re: Indian passport renew denied for children

RonV wrote:
Tue Apr 02, 2024 3:29 pm
If yes, you can directly apply naturalization for your children, bypassing the ILR process.
I disagree.
by secret.simon
Wed Apr 03, 2024 3:42 pm
Forum: British Citizenship
Topic: Naturalise for non uk born under section 3 for Home Secretary consideration
Replies: 6
Views: 821

Re: Naturalise for non uk born under section 3 for Home Secretary consideration

Because this situation is caused by a recent change to the Indian government's interpretation of Indian law, it is a known unknown. It is worth noting that stateless children born in the UK and stateless adults living in the UK can register or naturalise only after at least five years of residence i...
by secret.simon
Wed Apr 03, 2024 7:35 am
Forum: British Citizenship
Topic: Is a child of a British (by naturalization) citizen a British citizen?
Replies: 12
Views: 1532

Re: Is a child of a British (by naturalization) citizen a British citizen?

If the child is born on or after the date of naturalisation, then yes, the child will automatically be a British citizen by descent if born outside the UK. But the child will not be able to automatically pass on British citizenship to their own children if those children (your grandchildren) are bor...
by secret.simon
Tue Apr 02, 2024 4:07 pm
Forum: British Citizenship
Topic: Naturalization for Non-UK born Child
Replies: 3
Views: 246

Re: Naturalization for Non-UK born Child

Children born abroad follow the same immigration status as the second parent and can apply for ILR along with the second parent, regardless of whether the child themselves have completed five years residence or not.