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Visa exempt - Help !

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iceman010899
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Visa exempt - Help !

Post by iceman010899 » Mon Sep 24, 2007 12:40 pm

Hello

I entered the country as a "visa exempt" official in 1997 as my parent was a diplomat. When I got my own passport, the entry clearence was transferred to new passport here in the UK issued by JECU London (now Ukvisas).

Before parent left it was converted into a student visa in 2002. The entry clearence which was transferred into my new passport as "Visa exempt official" expired in 2003. Since then I have been extending student visas. I have 2 months gaps (holidays) in 10 years. I had leave during the gaps

When I went to extend my student visa this year, the caseworker asked for my old passport, which had the old entry clearence and typed some kind of report.

Questions below:

1) Can I claim ILR based on Long residence ? BIA said you can, but just want to make sure.
2) Will BIA have information on my old entry clearence and when I entered the country in 1998 ?
3) Would you call this case "complex" ?

Thanks.

Siggi
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Post by Siggi » Mon Sep 24, 2007 12:57 pm

No, your case is not complex and no, I don't think you can apply for ILR base on long residencey.

Reason, being you probably received your visa based on parents Diplomatic status and this will not count toward long residentcy.

Sorry for a bit of bad news.

iceman010899
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Location: London

Post by iceman010899 » Mon Sep 24, 2007 1:08 pm

hi

thanks for the reply. the immigration rules say, "visa exempt" counts towards legal residency. I also phoned the HO and they said it counts.

Siggi
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Post by Siggi » Mon Sep 24, 2007 1:35 pm

Ok then HO knows best you submit and see what happens at your risk!

avjones
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Post by avjones » Mon Sep 24, 2007 4:18 pm

visa exempt status does qualify under the long residence rules.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

iceman010899
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Location: London

Post by iceman010899 » Mon Sep 24, 2007 5:08 pm

thanks avjones

does it count even though i was a dependent of a diplomat ? My passport says "Visa exempt". AND when I came back from holiday in 2003 the immigration officer did not stamp my passport. will this cause a problem in terms of "time spent outside the UK" ? The only stamp is the embarkation. Thanks.

magsi23
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Post by magsi23 » Tue Sep 25, 2007 10:56 am

Siggi wrote:No, your case is not complex and no, I don't think you can apply for ILR base on long residencey.

Reason, being you probably received your visa based on parents Diplomatic status and this will not count toward long residentcy.

Sorry for a bit of bad news.
What is your source of information? Its not true, it clearly says in guidence notes as long as its law full stay it doesnt matter which category your stay is in, so OP should be ok
Magsi

Siggi
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Post by Siggi » Tue Sep 25, 2007 11:18 am

This is clearly abuse of diplomatic privilege, the op received his Visa because his/her parents are diplomats .

If you look closer at the law you will find the visiting foreign troops and diplomats don't qualify for nationality based on either birth or long stay.

In conclusion I beleive that once, the HO looks at this case in detail it will be refused.

jes2jes
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Post by jes2jes » Tue Sep 25, 2007 11:26 am

Siggi wrote:This is clearly abuse of diplomatic privilege, the op received his Visa because his/her parents are diplomats .

If you look closer at the law you will find the visiting foreign troops and diplomats don't qualify for nationality based on either birth or long stay.

In conclusion I beleive that once, the HO looks at this case in detail it will be refused.
From where did you get all these 'theory of yours'?
The LR Criteria is for Legal Residency for 10 years no matter what your activities where during this period. Whether you had diplomatic status, visitor visa, spouse, student, business, lived here as a CAT or Mouse or Squirel does not make a difference. The rule is the rule and that is what the case is judge by.

The only thing that prevents this is when the rules have been breach or in case of criminal activity or the presence of the individual will impact on public safety (be it health, security etc). Aside any serious circumstances, there is nothing stopping the OP in applying so please allow the OP to apply in peace.
diplomats don't qualify for nationality based on either birth or long stay
.

This statement (emphasis mine) is false and I would love you to post the rule which you are quoting.
Praise The Lord!!!!

Siggi
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Post by Siggi » Tue Sep 25, 2007 11:49 am

Guys hold on to your horses, whilst I have not found the ruling yet I will.
Diplomats and visiting armed forces are govorned by a different set of rules.
If what I'm stating is rubish, then ever child born in the UK of a dilpomat or visiting soldiers would be British, further more like the case of the op a child of a diplomat becomes British after a lenghty stay in the UK.
Check your fact!!!

mym
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Post by mym » Tue Sep 25, 2007 11:52 am

Siggi wrote:Guys hold on to your horses, whilst I have not found the ruling yet I will.
Perhaps you shouldn't have posted anything until you had it to hand.

In the meantime a read of
http://tinyurl.com/235vj2
http://tinyurl.com/2x2rgf and
http://tinyurl.com/yu7mnb
may be useful to you.
Last edited by mym on Tue Sep 25, 2007 12:00 pm, edited 1 time in total.
--
Mark Y-M
London

Siggi
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Post by Siggi » Tue Sep 25, 2007 11:58 am

OK you guy are all right, I'm wrong.

Let the OP go ahead with the application.

As the child of a diplomat he/she should know the rules better than any of us.

Wanderer
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Ireland

Post by Wanderer » Tue Sep 25, 2007 11:59 am

I must admit I thought I'd read Diplomatic stay didn't count but I dunno where I saw it.

Funny tho the term used is long 'residence' and a visitor visa counts towards it. Is a VV 'residence'?
An chéad stad eile Stáisiún Uí Chonghaile....

jes2jes
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Post by jes2jes » Tue Sep 25, 2007 12:08 pm

Wanderer wrote:I must admit I thought I'd read Diplomatic stay didn't count but I dunno where I saw it.

Funny tho the term used is long 'residence' and a visitor visa counts towards it. Is a VV 'residence'?
It is counted as 'residence' in terms of the LR Criteria and as far as I know (IMHO) if you are applying for naturalisation, and say, your first 6 months stay in the UK was on a VV prior to say changing to spousal or whatever category, your VV stay would be counted as lawful so long as the ILR or 'Ppron' Method as been met. The spirit of the legislation or the rule is on lawful residency and not which visa you had at the time of application to qualify for this.
Praise The Lord!!!!

iceman010899
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Post by iceman010899 » Tue Sep 25, 2007 12:43 pm

hey

wow look at all these replies. thanks people ! HO says its possible as long as the gaps are minimum.

I am worried about the fact that in 2003 my passport was not stamped when I came back from holiday. Arent they supposed to stamp it. Would HO have info on when you came back into the country ? Can this effect the gaps ?

Do they keep landing cards from 1998 ?

Thanks dudes.

jes2jes
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Post by jes2jes » Tue Sep 25, 2007 12:56 pm

iceman010899 wrote:hey

wow look at all these replies. thanks people ! HO says its possible as long as the gaps are minimum.

I am worried about the fact that in 2003 my passport was not stamped when I came back from holiday. Arent they supposed to stamp it. Would HO have info on when you came back into the country ? Can this effect the gaps ?

Do they keep landing cards from 1998 ?

Thanks dudes.
Do you have evidence that you were out of the country for a long time (apart from the entry stamp in the country you visited? Do you have a copy of your ticket or proof of purchase or luggage tags?)?

Did you fill a landing card? If not, I doubt there would be any record of your entry unless of course your passport was scanned.

So, long as during these 10 years your clock did not stop in any way and your absence is not in excess of the maximum required, you should be fine. What is your total absence and can you put them in dates?
Praise The Lord!!!!

iceman010899
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Location: London

Post by iceman010899 » Tue Sep 25, 2007 1:07 pm

hi

no this was in 2003, no proof of tickets ! i do have the embarkation stamp from the country i visited.

Do they always scan the passport ? Will this be enough ? it was only for 4 weeks. I have been absent for 2 months and 2 weeks in 10 years.

How will they know when I came back into the country ?

Shan12
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Post by Shan12 » Tue Sep 25, 2007 2:40 pm

Did you fill in a landing card?

avjones
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Post by avjones » Tue Sep 25, 2007 4:23 pm

Siggi wrote:Guys hold on to your horses, whilst I have not found the ruling yet I will.
Diplomats and visiting armed forces are govorned by a different set of rules.
If what I'm stating is rubish, then ever child born in the UK of a dilpomat or visiting soldiers would be British, further more like the case of the op a child of a diplomat becomes British after a lenghty stay in the UK.
Check your fact!!!
I did check my facts, before I posted. I checked the Long REsidence IDI. Which states:

2.1.2. Time spent here while exempt from Immigration Control

Where a person has spent time in the UK as a person who is exempt from immigration control (e.g. as a diplomat or member of the Armed Forces), that time should be counted as lawful residence.

Where the applicant has left the UK following a period of exemption, he may be unable to meet the definition of continuous residence even if he returns within 6 months, because he may not have had leave when he left.

Furthermore, even if he was granted a period of leave following the end of his period of exemption, that may not have been long enough to cover the period of departure and return (see paragraph 2.1.3 for further details). Nevertheless, in either case (i.e. both when he left the UK after a grant of leave and when he was not granted leave), provided that all other requirements of paragraph 276A(a) are met, his continuity of residence may be treated as if it were unbroken.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

Siggi
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Post by Siggi » Tue Sep 25, 2007 4:39 pm

When I asked people to check there facts, I did not mean you specifically Amanda!

However this one still doe'nt really make for a fair immigration policy.

It just seems to be total Diplomatic privilege abuse.

jes2jes
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Post by jes2jes » Tue Sep 25, 2007 4:45 pm

Siggi wrote:When I asked people to check there facts, I did not mean you specifically Amanda!

However this one still doe'nt really make for a fair immigration policy.

It just seems to be total Diplomatic privilege abuse.
It doesn't matter whether it is Amanda, myself or Mym: Please post when you know the answer for sure, if not sure just tell the board this is your guess or as appropriate use 'IMHO'.

No one is picking on you but info should be backed by facts so that people are well armed when they challenge a ruling or make an application.

Thank you for your contribution and I have no 'bad blood' towards you or any of your post. I do enjoy your postings to be honest :roll:
Praise The Lord!!!!

VictoriaS
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Post by VictoriaS » Tue Sep 25, 2007 4:53 pm

Siggi, I don't see why it is an 'abuse'. It would have been the same if he had been a visitor, or as the dependent of a work permit holder, or on on any other legal status.

Victoria
Last edited by VictoriaS on Tue Sep 25, 2007 5:04 pm, edited 1 time in total.
Going..going...gone!

iceman010899
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Post by iceman010899 » Tue Sep 25, 2007 5:01 pm

siggi

I have been a student since 2002. Worked part-time and paid taxes. My parents left the country in 2002. So its not an abuse of diplomatic previleges. Its the long residence rules mate.

Why do you sound so harsh ?

Siggi
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Post by Siggi » Tue Sep 25, 2007 8:29 pm

Guys I'm sorry if you don't agree with my opinions.

This will be my last posting on this matter.

To show respect to everyone who has contributed to this tread, I would like iceman010899 to info the group of the final outcome of his or her application.

Good luck!

Siggi

magsi23
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Post by magsi23 » Wed Sep 26, 2007 7:29 pm

Siggi wrote:When I asked people to check there facts, I did not mean you specifically Amanda!

However this one still doe'nt really make for a fair immigration policy.

It just seems to be total Diplomatic privilege abuse.

So all your posts in this thread are based on how YOU feel, not what HO rules are?

Why do you think its diplomatic privilege abuse?
Magsi

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