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berlingoodman
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Post by berlingoodman » Sat Nov 01, 2008 1:07 pm

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Frontier Mole
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Post by Frontier Mole » Sun Nov 02, 2008 12:10 am

What did your appeal say in regards the matter of using deception to entre previously?

berlingoodman
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Post by berlingoodman » Sun Nov 02, 2008 2:59 pm

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Mr Rusty
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Post by Mr Rusty » Sun Nov 02, 2008 3:21 pm

"One lawyer I spoke with mentioned something about "proportionality" and how perhaps it could be proven that the punishment does not fit the crime."

That is the whole issue that is going to be examined in court sooner or later, i.e. whether the Rule imposing a blanket ban of 10 years is fair. But I don't know of any specialist lawyer in this field who is going to fight your case for nowt.

I seem to remember from your previous thread that you applied for a business visitor visa, which is totally inappropriate for your proposed reason for coming here. It's no use blaming World Bridge. They just process the paperwork on behalf of the British Embassy. Or did you pay them a fee? (Over and above the application fee).

berlingoodman
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Post by berlingoodman » Sun Nov 02, 2008 4:34 pm

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PaperPusher
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Post by PaperPusher » Sun Nov 02, 2008 5:51 pm

Berlingoodman

Your appeal was refused it seems.

Some reproesentatives and solicitors offer free initial advice, others do "no visa no fee" services. If you have no luck with this sort of service, why don't you get a work permit and apply again. At least that way you have a chance of getting your application approved.

Regards

berlingoodman
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Post by berlingoodman » Sun Nov 02, 2008 6:41 pm

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Frontier Mole
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Post by Frontier Mole » Sun Nov 02, 2008 10:44 pm

The issue of "proportionality" has already been dealt with in the EU courts. It has been deemed necessary and proportionate to have mandatory refusal periods for non EEA residents to maintain an effective border control. This was up held in a Dutch case and for one other country which at the moment I can not remember.
The UK entered fairly late on in the game in regards this method of border control. There is little hope of getting a deception ban overturned. Consider your position - you freely admitted breaking the rules, it can therefore not be a surprise to find that there is a penalty for doing so. You lied at a previous point of entry and had every intention of working although your entry conditions clearly state you should not take up employment.
As for future entry, no matter what method you try to employ the result will end up the same - a refusal. Work permits finish on 27th November, a promoter will be able to sponsor you under tier 5 of the new points based system but when you apply for the entry visa it will get turned down because of the mandatory ban.
No lawyer with half a brain will touch your case; it is doomed to failure because of the deception employed. It can not win, it is simple as that. Throw as much money as you or any one else has at it and it still will not succeed.

berlingoodman
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Post by berlingoodman » Mon Nov 03, 2008 12:16 pm

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paulp
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Post by paulp » Mon Nov 03, 2008 12:20 pm

Berlin, this is a real ban I'm afraid. There doesn't appear to be any exception.

berlingoodman
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Post by berlingoodman » Mon Nov 03, 2008 2:26 pm

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Wanderer
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Post by Wanderer » Mon Nov 03, 2008 2:44 pm

An other forum u mention ur on a work visa in Germany - worth waiting for PR there, then Germany Citizenship then EU is ur oyster.....?
An chéad stad eile Stáisiún Uí Chonghaile....

berlingoodman
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Post by berlingoodman » Mon Nov 03, 2008 2:46 pm

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Wanderer
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Post by Wanderer » Mon Nov 03, 2008 3:06 pm

berlingoodman wrote:That is an option...to get German citizenship. But my German would have to be much better I think, plus I don't really want to give up my US citizenship.
I don't think u have too - US allows it and I think Germany does;
Although dual citizenship is restricted under German law, it can be held in limited circumstances:

* where a child born to German parents acquires another citizenship at birth (e.g. based on place of birth, or descent from one parent).
* where a German citizen acquires a foreign nationality with the permission of the German government
* where a naturalized German citizen, or a child born to non-German parents in Germany, obtains permission to keep their foreign nationality
The language test is tough tho - but u must be nearly there and German isn't THAT hard....
An chéad stad eile Stáisiún Uí Chonghaile....

berlingoodman
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Post by berlingoodman » Mon Nov 03, 2008 3:32 pm

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Wanderer
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Post by Wanderer » Mon Nov 03, 2008 3:49 pm

berlingoodman wrote:Food for thought. But I don't think those circumstances apply to me. I was born in the US to American parents. I knew one person who had dual citizenship but he was the son of a diplomat I think.

But thanks for the tip. It's worth investigating.
To be honest with Dual citizenship how does the other country know?
An chéad stad eile Stáisiún Uí Chonghaile....

berlingoodman
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Post by berlingoodman » Tue Nov 04, 2008 12:50 am

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Wanderer
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Post by Wanderer » Tue Nov 04, 2008 12:53 am

berlingoodman wrote:
Wanderer wrote:
berlingoodman wrote:Food for thought. But I don't think those circumstances apply to me. I was born in the US to American parents. I knew one person who had dual citizenship but he was the son of a diplomat I think.

But thanks for the tip. It's worth investigating.
To be honest with Dual citizenship how does the other country know?
What do you mean exactly?
Let's say u are elligable for German citizenship - howdo they know u've actually given up ur US cit. and passport? I know lots of Ukrainians and they are not allowed dual citizenship but they do have it, they just make sure they visit UKr as Ukrainians not Brits using Ukr passport.
An chéad stad eile Stáisiún Uí Chonghaile....

berlingoodman
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Post by berlingoodman » Thu Nov 06, 2008 10:53 am

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Wanderer
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Post by Wanderer » Thu Nov 06, 2008 1:28 pm

berlingoodman wrote:That sounds too shady to me. I don't know what it's like in the Ukraine, but Germany is very thorough and I can't imagine them allowing me citizenship without proof of terminating my US citizenship.

Anyway, I would rather do things legally and not sneak around.
In my time in Germany I found them the least thorough and the most inefficient nation on earth!

Dual nationality is a funny business, my gf is Russian and the Russian authorities attitude to dual nationality is odd, it's not thats it's not allowed, it's just that it's totally ignored, u r Russian and Russian only till u renounce ur citizenship.

I'm sure there are others with dual US/German citizenship - nothing shady and if it gets you where u want to go....
An chéad stad eile Stáisiún Uí Chonghaile....

thsths
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Post by thsths » Thu Nov 06, 2008 8:00 pm

Wanderer wrote:Let's say u are elligable for German citizenship - howdo they know u've actually given up ur US cit. and passport?
Easy. Assuming you are not stateless, you will have to produce a document demonstrating that you have given up your previous citizenship.

Yes, that does leave a few loopholes, but using them would be fraud. That could lead to severe penalties, although such cases are rarely pursued.

I do not understand the paranoia myself. It must be some kind of jealousy, although I fail to see why dual citizenship would be any "better" than ordinary citizenship.

berlingoodman
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Post by berlingoodman » Fri Nov 07, 2008 9:59 am

Food for thought. Thanks!

berlingoodman
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Italian / American dual citizenship

Post by berlingoodman » Fri Nov 14, 2008 10:14 am

Hi all,

Got another question. I may be able to obtain Italian / US dual citizenship because of my Grandfather being from Italy. If I get this, will I then be able to visit and work in the UK again?....or will I still have trouble?

Thanks!

Mr Rusty
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Post by Mr Rusty » Fri Nov 14, 2008 11:07 am

If you succeed in acquiring Italian citizenship your troubles are over. You would then have the right to enter the UK (or any other EEA country) without question, and work anywhere you choose within the EEA. Your previous immigration history here would become just that - history.

Mr Rusty
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Post by Mr Rusty » Fri Nov 14, 2008 11:09 am

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