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by John
Fri Dec 13, 2013 12:52 pm
Forum: Europe immigration forum
Topic: Travel to Schengen, without visa, for EEA-family members
Replies: 362
Views: 276633
United Kingdom

Dali83, yes they will need Schengen visas in order to enter "Schengenland", including France. Also given the juxtaposed immigration controls they will not even be allowed by French immigration, based in the UK, to travel to France, unless they have Schengen visas in their passports. The di...
by John
Thu Dec 12, 2013 5:07 pm
Forum: EU Settlement Scheme
Topic: EEA4
Replies: 3
Views: 451
United Kingdom

licia, how co-operative is your husband? Will he co-operate with your EEA4 application? Also, have you consulted a Family Law Solicitor? Is your husband paying maintenance to you? As regards "because he refused to give me divorce", I suspect he has no choice! That is, it seems pretty clear...
by John
Thu Dec 12, 2013 7:05 am
Forum: EU Settlement Scheme
Topic: About Spouse Visa application
Replies: 5
Views: 524
United Kingdom

Once your wife has a job, and thus it is clear that she is exercising Treaty Rights as a Worker, you should make an EEA2 application for a Residence Card. Technically a Residence Card, issued under EU legislation, is not a visa, although it will most certainly allow you to live in the UK with your w...
by John
Wed Dec 11, 2013 9:56 pm
Forum: Europe immigration forum
Topic: Travel to Schengen, without visa, for EEA-family members
Replies: 362
Views: 276633
United Kingdom

Under Schengen law, can we both travel to France together from the UK without my wife needing any additional visas or legal paperwork? No, she would need a Schengen visa, and would need to apply for and get that visa before she travels to the UK. Based upon what you have posted, that she will have ...
by John
Wed Dec 11, 2013 6:06 pm
Forum: EU Settlement Scheme
Topic: About Spouse Visa application
Replies: 5
Views: 524
United Kingdom

Now can anyone tell which visa should I apply for on the basis of my recent marriage. You should not apply for any type of visa! Instead you should apply for a Residence Card, using form EEA2. But first, your Polish wife? How is she exercising Treaty Right in the UK? Is she employed? Self-employed?...
by John
Sat Dec 07, 2013 10:35 am
Forum: British Citizenship
Topic: Chapter 18 Annex B paragraph 7.5(g) of the BNA 1981
Replies: 94
Views: 9937
United Kingdom

I can confirm that in accordance with the Nationality staff instructions, discretion to disregard immigration time restrictions would be applied in a case such as outlined below. Seems pretty clear to me. Plus, whilst UKBA do have a discretion, they need to use their discretion fairly and consisten...
by John
Mon Dec 02, 2013 10:10 am
Forum: Indefinite Leave to Remain
Topic: Wife can't attend set(m) interview....
Replies: 8
Views: 1796
United Kingdom

You post that after 44 months? But I maintain my point, an "interview" does not normally take place, and the word "interview" is not used in the UKBA wording that you quote.
by John
Fri Nov 29, 2013 2:04 pm
Forum: Claiming Benefits
Topic: Benefits : affecting ILR? Read before starting new topic.
Replies: 275
Views: 298833
United Kingdom

That will depend upon how much you earn, and how much the family income is.

Go to the hmrc.gov.uk website and check out Child Benefit and Tax Credits.
by John
Mon Nov 25, 2013 7:35 am
Forum: British Citizenship
Topic: Disclosure of self employment
Replies: 8
Views: 1489
United Kingdom

I suggest you download Annex D, and have a look at that.

Whilst that mentions "Their financial affairs were not in appropriate order. For example, they have failed to pay taxes for which they were liable." at 1.3.c, I doubt that would cause you a problem.
by John
Sat Nov 23, 2013 9:28 pm
Forum: British Citizenship
Topic: Disclosure of self employment
Replies: 8
Views: 1489
United Kingdom

My main concern is that UKBA guidance requires payment of tax as good character requirement That is not so. There is no such requirement. There is no problem if the applicant for Naturalisation has never paid a penny of tax, for example if since coming to the UK they have always been a housewife (o...
by John
Sat Nov 23, 2013 5:59 pm
Forum: British Citizenship
Topic: Disclosure of self employment
Replies: 8
Views: 1489
United Kingdom

Do appreciate that UKBA will be checking the HMRC computer system. At the end of the form, the declaration you sign, you are authorising that. So as regards Q3.2 I see no problem you ticking both "Employed" and "Self-Employed", and completing Q3.3 and Q3.4 with both sets of detai...
by John
Fri Nov 22, 2013 10:03 am
Forum: British Citizenship
Topic: MN1 with section 3(1)
Replies: 9
Views: 739
United Kingdom

But the child is "settled" in the UK. You have told us that they have ILR. So the words you quote do not apply.

I fear you are trying to invent a problem that does not exist.
by John
Fri Nov 22, 2013 7:00 am
Forum: British Citizenship
Topic: MN1 with section 3(1)
Replies: 9
Views: 739
United Kingdom

As the father now has British Citizenship there is no problem them making a section 3(1) application to Register the child as British.

This assumes of course that they are named as father on the child's birth certificate.
by John
Wed Nov 20, 2013 1:32 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Vat registration
Replies: 2
Views: 523
United Kingdom

Kumar197, have you sought advice from your Accountant or Tax Adviser about whether to register for VAT?

If not you should ask. After all you might be better off by registering. But do take into account whether your customers or clients have the ability to recoup any VAT you might charge.
by John
Wed Nov 20, 2013 1:26 pm
Forum: British Citizenship
Topic: Naturalisation - Days out of the country
Replies: 6
Views: 1149
United Kingdom

ClearBlueSky, I fear you are in danger of ignoring another rule, that is, in the one year ending with the date of application for Naturalisation, you should not have been out of the UK for more than 90 days. OK there is a bit of leeway in that, but nothing like the 365 days mentioned by Damanisshall...
by John
Tue Nov 19, 2013 5:11 pm
Forum: British Citizenship
Topic: British citizenship & Passport for child born in uk
Replies: 14
Views: 1258
United Kingdom

If either one or both parents of the born-in-the-UK child has ILR, then a section 1(3) application can be made to Register the child as British.
by John
Tue Nov 19, 2013 4:39 pm
Forum: British Citizenship
Topic: British citizenship & Passport for child born in uk
Replies: 14
Views: 1258
United Kingdom

Information already given :-
section 1(3)
by John
Mon Nov 18, 2013 7:51 am
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Children Born in the UK while family is on Tier 1 Entreprenu
Replies: 5
Views: 650
United Kingdom

No, but ...... once either/both you and your wife have ILR, you will be able to Register the born-in-the-UK child as British, under section 1(3). Such applications are an entitlement application .... no UKBA discretion involved.
by John
Sun Nov 17, 2013 7:04 pm
Forum: British Citizenship
Topic: Citizenship Eligibility for Child born abroad -- need help
Replies: 13
Views: 1298
United Kingdom

But we would be British Citizen by descent by end of 2014 Not so. Your applications for Naturalisation under section 6(1) will, if successful, result in British Citizenship otherwise than by descent! When you make those Naturalisation applications, also make a section 3(1) application for your daug...
by John
Sun Nov 17, 2013 6:35 pm
Forum: British Citizenship
Topic: Citizenship Eligibility for Child born abroad -- need help
Replies: 13
Views: 1298
United Kingdom

Using your numbering :-
  1. Yes
  2. No
As regards your link you are failing to take account of "they were born to parents who are British citizens by descent", and accordingly the section 3(5) route is not applicable to your daughter.
by John
Tue Nov 12, 2013 8:36 pm
Forum: UK Tier 1 (Entrepreneur) visas
Topic: Directors loan as an investment. Gurus please respond urgent
Replies: 2
Views: 364
United Kingdom

Isn't it clear? The Director's loan needs to be "unsecured and is subordinated in favour of the third-party creditors" and "you must also provide a legal agreement, between you (in the name that appears on the application) and the company".
by John
Thu Nov 07, 2013 6:37 am
Forum: EU Settlement Scheme
Topic: Application, newly Self-Employed (lack of evidence?)
Replies: 13
Views: 1349
United Kingdom

mr_simpson, when did your self-employment start? Just how recently? And have you started to actually receive money from customers? I am trying to find a contracted job to prove this now A contracting job? Would that be via a limited company that you happen to own, and of which you happen to be a Dir...
by John
Wed Nov 06, 2013 5:49 pm
Forum: EU Settlement Scheme
Topic: Application, newly Self-Employed (lack of evidence?)
Replies: 13
Views: 1349
United Kingdom

I am not aware that my wife has rights to work and live in UK if I'm exercising treaty rights?! Surely we'd still have to apply before her post study visa expires? I fear that you totally misunderstand the situation, and the reality is, for you, much better than you might think. But let's first cov...
by John
Wed Nov 06, 2013 1:01 pm
Forum: EU Settlement Scheme
Topic: Application, newly Self-Employed (lack of evidence?)
Replies: 13
Views: 1349
United Kingdom

I have registered just recently (in the end I cannot do the self assessment before early 2013 if I'm not mistaken) Assuming your business started in the current tax year, which started on 06.04.13, and you were not previously required to file Self Assessment returns, the first such return will be f...
by John
Wed Nov 06, 2013 12:35 pm
Forum: Claiming Benefits
Topic: Child Benefits Claim?
Replies: 6
Views: 908
United Kingdom

This subject has been discussed many times on this Board, for example in this topic.