Re: immigration advise/ legal advise in general

daisyboo · Post by **daisyboo** » Tue Feb 21, 2012 2:39 pm

Hello all,

If any one requires any legal advise/ immigration advise, please feel free to send me a private message.

I am a legal consultant and new to this forum.

Post by **PaperPusher** » Tue Feb 21, 2012 3:16 pm

daisyboo wrote:Hello all,

If any one requires any legal advise/ immigration advise, please feel free to send me a private message.

I am a legal consultant and new to this forum.

What is your name, the organisation you work for, and are you regulated by the OISC or Law Society?

Post by **Casa** » Tue Feb 21, 2012 4:34 pm

We would also prefer you to contribute to the forum before posting to drum up business.

daisyboo · Post by **daisyboo** » Tue Feb 21, 2012 4:54 pm

I am not druming up business. Yes we are requlated by SRA.

Post by **PaperPusher** » Tue Feb 21, 2012 7:17 pm

daisyboo wrote:I am not druming up business. Yes we are requlated by SRA.

So you won't mind answering questions openly in the forum then! For free too! And under your or your practice name.

daisyboo · Post by **daisyboo** » Tue Feb 21, 2012 8:57 pm

What is this about.? I want to help people out with immigration problems, to give something back to society. That's the reason I came on this forum. If there is a problem please let me know.

Post by **PaperPusher** » Wed Feb 22, 2012 7:20 am

daisyboo wrote:What is this about.? I want to help people out with immigration problems, to give something back to society. That's the reason I came on this forum. If there is a problem please let me know.

No problem. Why don't you answer some people's questions about their immigration problems! There are loads of people posting questions and this thread is just going to go down and down in the list. We have current and ex UKBA, barristers and so on who post in public here. Join them! Share your expertise for the benefit of all!

PS: please read this from the board administrator

http://www.immigrationboards.com/viewtopic.php?t=11812

daisyboo · Post by **daisyboo** » Wed Feb 22, 2012 12:31 pm

I'm most grateful PaperPusher
Guru.. I am not here to advertise to solicit anyone on this forum.

I am disappointed in the way I have been treated on this forum. One should not judge!

Having said that, I will try my utmost to assist people in need on this forum.

bulala · Post by **bulala** » Wed Feb 22, 2012 5:53 pm

@ daisyboo

Please can you assist.

I am trying to establish the best route to take for my wife. We got married in July 2009 in England and have lived together since October 2009.

I obtained ILR recently, my wife is currently on Tier 1 which expiress sometime around sept 2013. When she would have completed 5 yrs then become eligible for ILR.

I want to shorten the journey to citizenship for her , which she wont be eligible for till sept 2014.

I will be eligible for citizenship around this time next year so was researching what is the best route.

1) Should she become my dependant now as a dependent on my ILR. After 2 years will she be able to apply for citizenship, as technically she would not have been a dependent to a british citizen?

2) Should I wait to obtain citizenship and then at that point can she apply directly to become a citizen. The link below states that as long as she meets the requirements she can apply for citizenship. Will she need to first become a dependent of a british citizen first for 2 years.

http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

In summary based on the situation, what is the most efficient route to take.

Thank you.

Post by **Greenie** » Wed Feb 22, 2012 6:42 pm

1) If she switches to leave as your spouse she would be given a further two years limited leave, and would then have to apply for ILR once she has completed the two years. This would therefore be a longer route to settlement for her although if for some reason she does not believe she will qualify for ILR as a Tier 1 migrant in Sep 2013 switching to leave as your spouse would be a possibility.

She cannot apply for citizenship after two years with leave as your spouse because in order to apply for settlement she needs to be free from immigration time restrictions on the date of her application.

2) She cannot apply directly for citizenship before applying for ILR as explained above and in the link you have posted. She would not however have to had spent two years as your dependent in order to apply for citizenship as the spouse of a British citizen once she has ILR.

Post by **PaperPusher** » Wed Feb 22, 2012 7:35 pm

daisyboo wrote:I'm most grateful PaperPusher
Guru.. I am not here to advertise to solicit anyone on this forum.

I am disappointed in the way I have been treated on this forum. One should not judge!

Having said that, I will try my utmost to assist people in need on this forum.

Please give advice that is correct.

Child benefit is NOT paid to every child born in the UK.

Your advice to another poster about settlement was also incorrect.

I think people have been polite to you so I am not sure why you are disappointed.

bulala · Post by **bulala** » Wed Feb 22, 2012 8:07 pm

Many thanks Greenie.

1. I get (1) appears will be a longer route.

2. "2) She cannot apply directly for citizenship before applying for ILR as explained above and in the link you have posted. She would not however have to had spent two years as your dependent in order to apply for citizenship as the spouse of a British citizen once she has ILR."

As per your comments above, i guess the "not" was a typo. Will she have to spend 2 years as my dependent, then apply for ILR..then before citizenship.. what happens after the 2 years ??

Post by **Greenie** » Wed Feb 22, 2012 8:36 pm

Sorry perhaps I was unclear

if she applies for further leave to remain as your spouse, then yes she will need to complete two years in this category before being able to qualify for ILR, as I stated above.

However, if she chooses to remain under Tier 1, and apply for ILR in Sep 2013 - which is a quicker route to settlement she can then apply for citizenship as the spouse of a British citizen. She will not have to have spent two years as the spouse of a settled person in order to be able to apply for citizenship and benefit from the quicker spouse of a British citizen route.

In other words, providing she meets the requirements for naturalisation set out in the link you posted, she will be able to apply for citizenship as soon as she has ILR whether she stays in the Tier 1 route and applies for ILR in 2013 or switches to leave as your spouse and applies for ILR two years after that.

daisyboo · Post by **daisyboo** » Thu Feb 23, 2012 1:05 pm

Quite the contrary Paper Pusher, I have not given incorrect advise.
Advise was given according to the individual's circumstances.
To get child benefits you need to have a right to reside in the uk and to have a right to reside, you need to be a UK national etc

Are you legally qualified? I have been giving welfare advice over 7 years. I am a barrister of over 5 years call.

I am appalled by such attitude.

Post by **PaperPusher** » Thu Feb 23, 2012 2:06 pm

daisyboo wrote:Quite the contrary Paper Pusher, I have not given incorrect advise.
Advise was given according to the individual's circumstances.
To get child benefits you need to have a right to reside in the uk and to have a right to reside, you need to be a UK national etc

Are you legally qualified? I have been giving welfare advice over 7 years. I am a barrister of over 5 years call.

I am appalled by such attitude.

Can you please expand on this right to reside stuff please. Is that the same as a right of abode? I am now confused. You could be living legally in the UK but have no recourse to public funds.

I have re-read your post.

"Child benefits is given to every child born in the UK"

Sorry for misreading that as child benefit is given to every child born in the UK.

I did not intend to appall you.

Post by **Casa** » Thu Feb 23, 2012 2:49 pm

Also note UK nationals have the 'right to reside' based solely on their UK citizenship, whilst other EU nationals have to pass a 'right to reside' test in order to qualify for the benefits.
Daisyboo can we assume that in your comment "and to have a right to reside you need to be a UK national etc" the word etc covers all those with entitlement who aren't UK Nationals?

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Re: immigration advise/ legal advise in general

Re: immigration advise/ legal advise in general

Re: immigration advise/ legal advise in general