UK Immigration Discussion topics http://www.ukresident.com/forums/index.php Thu, 11 Mar 2010 23:39:21 +0000 1 http://www.ukresident.com/forums/topic/125779-discretional-leave-to-remain/ Here is my story
I applied for asylum: on 13th December 2000
got refused: on 16th July 2001
Got married to a British Citizen: 23rd August 2001
From 2001 to 2005 after numerous court battle and judicial review I had been granted discretional leave to remain on the 2006.
I applied for a renewal since February 2009, but still no answer.
Working, since leaving here I never asked for any sort of benefit.
Got 3 children aged: 7 & half, 6, and 3 & half.
The last time I checked my file was allocated to: Case team CRTM2. Thanks

Zouk]]> Thu, 11 Mar 2010 23:39:21 +0000 http://www.ukresident.com/forums/topic/125779-discretional-leave-to-remain/ http://www.ukresident.com/forums/topic/106335-british-overseas-citizen-boc-ait-decision-made/
The BOC decision has been made.

The AIT found for the Secretary of State on all the BOC arguments.

It is a very forceful decision -the BOC appellant arguments are destroyed one by one.

The effect of renunciation is dismissed as irrelevant by the judge.

Renounced BOCs are considered to be returnable to Malaysia.

I strongly advise any BOC who has been advised to renounce another nationality NOT to do so. Doing so will achieve nothing.

Ben]]> Wed, 10 Mar 2010 13:10:13 +0000 http://www.ukresident.com/forums/topic/106335-british-overseas-citizen-boc-ait-decision-made/ http://www.ukresident.com/forums/topic/125365-eea-family-permit/
I am currently in Portugal married to a Portuguese citizen ( married for 18 months) who works in the UK and I hold a valid Portuguese residence card.

I want to apply for an EEA permit but i am unsure about whether to use a lawyer (he's asking for 1,000 pounds) or whether to do this by myself.

A bit of history.

I studied in the UK, but my student visa wasn't renewed because I worked for more than 20 hours

My appeal failed in Nov 2007, and I left the UK Sept 2008. No exit checks, not forms nothing.

I got married to my husband in 2008 and have lived in Portugal since April 2009. My husb and visits a lot.

In July 2009, I applied for a visiting visa to see my husband as we'd suffered a bereavement but was turned down due to 'insufficient finances' and the fact that I 'may' have breached immigration rules in the past.

I now want to apply for an EEA permit and I'm not sure whether to use the lawyer route or give it a go myself.

My husband is employed, he has been in the UK for over 3 years and recently rented a double room in a shared house to accomodate me.

If I do apply by myself, and I get turned down, will it affect my chances of applying through a lawyer..say a month later?

Any input is most welcome.

Kind regards
Mixme]]> Sat, 06 Mar 2010 08:32:25 +0000 http://www.ukresident.com/forums/topic/125365-eea-family-permit/ http://www.ukresident.com/forums/topic/125182-coa/
Did any one no the waiting time for COA from HO. an application as been sent to the HO since first week of jan 10 no reply on recieved yet, only recieved acknowlogement letter from HO. any one is this similar situation? pls share your experience]]> Wed, 03 Mar 2010 23:09:48 +0000 http://www.ukresident.com/forums/topic/125182-coa/ http://www.ukresident.com/forums/topic/120626-switching-from-dlr-to-spouse-visa/

- It is possible for the ECO to refuse me a spouse visa eventhough I hold a DLR if he thinks some requirements for the spouse visa are not meet?


If the answer is Yes can I just fly back to the UK or is my application for a spouse visa going to cancel automatically at the time of the application a valid DLR(as it was granted on the basis of my marriage)?

If the answer is No is it possible to live in the UK with 2 valid leave to remain?

To be honest I do not want to take the risk of being refused a spouse visa and a DLR cancelled at the same time, so please advise

Thanks
Christabelle]]> Tue, 23 Feb 2010 15:29:46 +0000 http://www.ukresident.com/forums/topic/120626-switching-from-dlr-to-spouse-visa/ http://www.ukresident.com/forums/topic/122470-what-is-next-step-after-getting-kol-test-urgent/ I have applied to the KOL test today and passed it successfully, however could you please advise if i can apply for the ILR or not (should wait for 2-years) since I entered to the UK on last 15th Dec.09 under spouse settlment visa (KOL REQ) which shall be expired on may 2011.
Nevertheless if it is possible to apply would you please advise from where I can get the form, how much would cost me and how long this process would take to get me with ILR.

Much appreciating]]> Tue, 16 Feb 2010 09:10:11 +0000 http://www.ukresident.com/forums/topic/122470-what-is-next-step-after-getting-kol-test-urgent/ http://www.ukresident.com/forums/topic/124056-right-of-abode-to-citizenship/ In 1971 I married a Bristish subject in Australia.
In 2001 I got a Cert Entitlement of the Right of Abode in my Australian passport.
In 2003 divorced British subject.
June 2005 settled in UK.
July 2011 I have to renew Australian passport.
How do I apply for British citizenship?]]> Sat, 13 Feb 2010 17:33:30 +0000 http://www.ukresident.com/forums/topic/124056-right-of-abode-to-citizenship/ http://www.ukresident.com/forums/topic/119965-ilr-confirmed-over-the-phone/
I then called back and spoke to the guy i'd earlier spoke to and he said he'd spoken to my caseworker and can confirm that i'd definitely been granted ILR but that the decision hasn't been despatched yet as there is a backlog and that it could take up to 2-3 weeks to receive.

My question is why does it take so long? Just to be sure, I have called on 3 more occasions. one person confirmed that i'd got ILR, the other said he couldn't tell me what the decision was and the third(after cajoling her said that basically i would be pleased when i get the decision - she didn't want to give much away.

I am a sceptic so I remain an unbeliever until i see it in black and white.

what do you guys think?]]> Thu, 11 Feb 2010 23:19:52 +0000 http://www.ukresident.com/forums/topic/119965-ilr-confirmed-over-the-phone/ http://www.ukresident.com/forums/topic/123714-hypothetical-question/
I overstayed my visa in the UK, and then used a false euro passport (I'm from Chile) wth my real details on it, plus an 'acquired' NI number, in order to work and have a bank account and a credit card...then left the UK voluntarily.....then married a UK national and was vey sorry about what I'd done and wanted to come back and live there permanently?

Would I be likely to be granted a visa after what I'd done in my past? (Or, should I say, would it be AT ALL possible to get one!?)

If not, could I appeal against the decision?(Human rights, right to family life, etc.)?]]> Tue, 09 Feb 2010 17:52:32 +0000 http://www.ukresident.com/forums/topic/123714-hypothetical-question/ http://www.ukresident.com/forums/topic/123545-agency-accused-me-of-producing-fake-docs/
any advice? what are the rules regarding checks?]]> Tue, 09 Feb 2010 17:19:46 +0000 http://www.ukresident.com/forums/topic/123545-agency-accused-me-of-producing-fake-docs/ http://www.ukresident.com/forums/topic/123735-ordinary-residence/
It's the first time I've used this messageboard. As a British Citizen, born and grew up here, I haven't really had much contact with Immigration law.

However, I now have a query and I'm not really sure where to find the answer!

From October 2007 to October 2008 I was in Australia on a Working Holiday Visa. For tax purposes I was a "temporary resident".

I am now applying for a Masters course at University in the UK. I can apply for scholarship funding, however for this I need to have been an "Ordinary Resident in the UK" for the last three years. I can't say I really understand this "Ordinary Resident" term.

Am I an "ordinary resident" of the UK? I welcome any advice that can be offered.

Thanks in advance....]]> Tue, 09 Feb 2010 11:18:44 +0000 http://www.ukresident.com/forums/topic/123735-ordinary-residence/ http://www.ukresident.com/forums/topic/123710-visitors-visa/
My partner from Tanzania recently applied for a UK general visit visa. We have been dating for over 7 months and I have spent over 4 of those with her in Tanzania and the rest in London where I am a university student. I do not work and am supported by my parents. My parents have agreed to support my partners trip as she does not have the funds to travel to the UK. She will live with me in my flat, I have included my tenacy along with other documents that are headed with my address.

My partner volunteers for multiple organisations in Tanzania and is a full time student in her final year. She has letters from all of the organisations as well as her university. She want to visit me for 4 weeks during her university break. Her family is not wealthy, but well off. She is not employed and she does not own property.

I have included information about our relationship such as pictures, reciepts, phone and email records but have not included information regarding our accomodation during my trips in Tanzania (hotels etc. )

In addition she was refused the same visa in august 2009 as they did not believe we were in a genuine relationship. (It was a honest but imcomplete application, I didn't understand the complexity).

Do you think she will get her visa? Please ask questions.

Thanks]]> Tue, 09 Feb 2010 11:15:27 +0000 http://www.ukresident.com/forums/topic/123710-visitors-visa/ http://www.ukresident.com/forums/topic/123731-how-long-is-ban-from-uk-if-refused-spouse-visa-due-to-aggravating-circumstances/
If you apply for a spouse visa and are refused under 320(11) (aggrvating circumstances), how long is the ban from the UK? Is it permanent?



Many thanks

]]> Mon, 08 Feb 2010 23:37:55 +0000 http://www.ukresident.com/forums/topic/123731-how-long-is-ban-from-uk-if-refused-spouse-visa-due-to-aggravating-circumstances/ http://www.ukresident.com/forums/topic/117228-spouse-visa-and-10-year-ban/
My husband lived in uk for 5 years and came back because he did nt get extension .my husband applied for student visa and got 10 year ban because of drink and drive case in uk. he did mention drink and drive in his application because of that.plz help me out.]]> Mon, 08 Feb 2010 20:55:00 +0000 http://www.ukresident.com/forums/topic/117228-spouse-visa-and-10-year-ban/ http://www.ukresident.com/forums/topic/121529-certificate-of-travel-for-eea-family-member/
I had been a failed asylum seeker and I got married to a member of the European Union. One year later I applied for the resident card and I was the lucky one who received it.
My problem is that I cannot travel anywhere as I do not have a passport and I cannot get it from my embassy. The question is : Am I able to apply for the travel certificate from the Home Office? I have been looking for the information on the internet and the Home Office website but there is no information about EU family member applying for the Certificate of travel. Do you guys have any ideas what reasons I should provide in my application for the Certificate of travel? I have never seen my partner's family, so we would like to go together to visit them but the Home Office website says that the holidays is not the reason for travel.

any suggestions, please?]]> Sat, 06 Feb 2010 15:48:54 +0000 http://www.ukresident.com/forums/topic/121529-certificate-of-travel-for-eea-family-member/ http://www.ukresident.com/forums/topic/123364-can-the-lawyer-be-reported-or-sued/ Been on a student visa for eight years.
Went to see some lawyers and lawyers told him that he is qualified for an indefinate stay.
He did put an indefinite stay application.
His Visa was still valid up to now he has 2 months left on it.
Paid lawyer £1200 for the job even though he wanted more.
He is in a relationship with someone with indefinite leave to remain and they are planning to marry.
Home office asked him for more documentation and proof of studies.
He send in what he had.
Did not hear anything form the Home Office again up to now.

Recieved a phone call from lawyers telling him that they do not think he will be getting stay as it is required for someone to be on a ten years student visa continuously without any gaps for an indefinite leave to remain to be considered. They had put his application too early.

What actions can a person take against the lawyers. Can he ask his money back.

can he still be allowed to marry without the Home office suspecting it is a marriage of convinience.
he has 2 months on his visa can that help him.
all his family members have indefinate leave to remain.

]]> Thu, 04 Feb 2010 23:37:53 +0000 http://www.ukresident.com/forums/topic/123364-can-the-lawyer-be-reported-or-sued/ http://www.ukresident.com/forums/topic/123288-i-have-a-business-entry-clearance-been-living-here-for-15-years-but-now-became-an-eu-citizen/
I am very happy because I finally upgraded myself in the UK, I became an Austrian Citizen by descent (been dealing with the Austrian Embassy in London for the past 4 months about it, they are very quick, but I still feel in a way bad because it's all thanks to grandpa but he got his businesses ruined in the time of holocaust)... anyways....

I am now officially an EU Citizen, so I have one Passport with the Visa (Entry Clearance) and very soon I'm expecting to receive my EU Passport (Austrian Passport), now my question is where do I register? What should I do or who should I inform about this upgrade?

I don't want to enter this country anymore using my Entry Clearance because they ask you so many questions in the airport, doesn't matter what your Visa, and I know EU Passport holders just hand over the Passport, beep in the computer, have a good day sir - so can I use the EU Passport to enter/leave the country now?

Thank you.]]> Wed, 03 Feb 2010 14:43:53 +0000 http://www.ukresident.com/forums/topic/123288-i-have-a-business-entry-clearance-been-living-here-for-15-years-but-now-became-an-eu-citizen/ http://www.ukresident.com/forums/topic/123198-am-i-able-to-apply-for-ilr/ Hi, will I be able to apply for ILR? Let me explain:

I came to the UK in June 2004 on a two year working holiday visa. I then applied for a 5 year company sponsored work permit and received it on the 20^th September 2006 (limited leave to remain) valid for 5 years. I read on HO website that I need to live in the UK for no less than 5 years before I can apply for ILR status. Does my two year working holiday visa count or will HO only take in consideration the date my work permit was issued (20^th September 2006)?

Your help is greatly appreciated… ;-)

]]> Sun, 31 Jan 2010 20:46:49 +0000 http://www.ukresident.com/forums/topic/123198-am-i-able-to-apply-for-ilr/ http://www.ukresident.com/forums/topic/122609-uk-visitor-visa-from-ukraine/ Tue, 26 Jan 2010 14:44:04 +0000 http://www.ukresident.com/forums/topic/122609-uk-visitor-visa-from-ukraine/ http://www.ukresident.com/forums/topic/122821-please-help/
I am a lady aged 31 years and came to the U.K as a Dependent of a work permit holder in June 2005.I am a qualified nurse with three and a half years U.K experience.My situation is :my partner is due ILR but is refusing to apply.I have four children (two were born here) ,three are going to school with the eldest due examinations in MAY.My partner want to withdraw the children from school and take them back to our home country forcibly because if our visa expires at the end of February ,we have no option but to go.Are there any other options available for us? Please help because my partner is doing in a controling manner.]]> Tue, 26 Jan 2010 09:53:32 +0000 http://www.ukresident.com/forums/topic/122821-please-help/ http://www.ukresident.com/forums/topic/122668-can-i-make-a-successful-in-country-application-on-compassiobate-grounds/ Hi All,

I cannot seem to find a group under which to post this topic so I've decided to make my posting here.

I need first advice[s] from this very vibrant forum/community before stating my case before the UKBA.

My Summary:

I arrived the UK Sept 2000 on an 18 month post grad student VISA.

Met my girlfriend Sept 01 whilst she was completing her bachelors degree. Moved in together in July 02 and have continued to live together ever since.

Married my girlfriend [British born] Dec 2002 whilst processing my student VISA extension.

VISA extension was withdrawn by self Jan 03 as wrongly advised by now barred OISC adviser. No further applications were made after this. No removal order was issued.

Son was born Aug 2005.

It all seems easy to decide that I cannot make an in country application at this time, however my wife was diagnosed with an illness in May 2007 which is termed as a disability and as such needs the care of a nurse and all year care. My son has also been diagnosed with a mild autism and has been undergoing groups therapy and support from the local council via the NHS. These have made it very difficult for me to leave both of them for any period of time as I provide much more than just a physical presence. Neither my wife nor I have any local support in Britain as most relatives leave either abroad or many hundred miles from the city we live in.

My wife continues to work full time and earns quite reasonably well, above £20,000/pa

Neither of us receives ANY benefit of any kind from the Govt, except that which is paid to our son by virtue of his citizenship.

Neither my son nor my wife is able to accompany me to my country of birth for long periods because of the nature of help and support provided for them here in the UK.

Can I on the grounds of this attempt to make an application in country, seeking that the UKBA grant me a leave to remain either under compassionate or descretionary grounds [if such exists].

I have continued to take up short and far in between cash in hand jobs to bring in some money to help pay for some proffesional courses which I undertake from time to time.

Any help or messages or precedence that may help is much needed and appreciated so that we fully understand where we stand on this matter and to bring closure to a very worrying situation.]]> Sun, 24 Jan 2010 11:37:54 +0000 http://www.ukresident.com/forums/topic/122668-can-i-make-a-successful-in-country-application-on-compassiobate-grounds/ http://www.ukresident.com/forums/topic/122643-uk-resident-becoming-eea-natioanl/
Thanks

Chris]]> Sat, 23 Jan 2010 13:12:39 +0000 http://www.ukresident.com/forums/topic/122643-uk-resident-becoming-eea-natioanl/ http://www.ukresident.com/forums/topic/122473-anyone-been-on-a-student-visitor-visa/
But he still has about 6 months of course paid for which he hasn't attended yet.

Since it is only 6 months, we were thinking of getting him a student visitor visa to save the cost and hassle of a full student visa but wondering if the fact that his parents are living in the UK would cause them to view him as a potential overstayer and refuse him entry.

Any feedback on the student visitor visa would be useful.]]> Tue, 19 Jan 2010 23:31:29 +0000 http://www.ukresident.com/forums/topic/122473-anyone-been-on-a-student-visitor-visa/ http://www.ukresident.com/forums/topic/122099-student-visitor-visa-about-to-expire-and-about-to-give-birth/ Our situation is as follows:

I'll try to cut a long story short.... (I have changed this from muy original post on Realrussia in the light of some advice given there)

My girlfriend (from Osetia) and I met some years ago, and having spent many holidays together she decided that she would give up her good job as a Dr and own private practice in St Petersburg and come to the UK to study for her IELTs and eventually take her PLAB exams and register as a DR in the UK...
She was granted a 12 month student visa 15/16 months ago and came to study, life was great and everyone loved her inc. my mom who was over the moon. Unfortunately my mom was taken ill and subsequently passed away and so all our thoughts were about that and nothing more... She returned home to obtain a new passport and as she was only going to study for a further 3 months could only apply for a 6 month Student VISITOR Visa (yes that was the mistake!!!)
While she was away I realised how much she meant and so brought a ring with the intention of proposing on her return... She returned and we got engaged and she also told me she was pregnant... again everyone was over the moon... lets jump forward to now....
We have a Certificate of Approval for Marriage ( and will be married on the 2nd Feb 2010), her student visitor Visa expires in mid Feb, our baby is due just after her visa expires.... What is interesting is that under the UK Boarder Agency rules we should not have been granted our COA as her visa was only 6 months and when they eventually processed it there was less than 3 months remaining....

We have phoned UK Boarder Agency for advice - NOTHING... spoken to various Immigration advisors/Solicitors who have either said... we'll get back to you - NOTHING or advised she takes me to court to apply for right of access to the child and thus extend her stay her....
All anyone will say is she has to return to her country and apply for a new visa....... or just extend her stay temporarily via some loophole...

Ok.. we know that return would be the simplest, but given her condition or the fact she may have just given birth means this would not be desirable or advisable according to our GP. Even if we could wait till the summer she would not wish to travel without her child and I would not wish to let them travel alones, especially to a Country that the UK Gov advises people not to travel to unless absolutely necessary…

All advisors we have spoken to etc have been utterly useless, either missing appointments or not calling back/not being available to talk….

The ideal solution would be to be able to apply leave to remain (spouse visa) but we assume now that this is impossible under the rules (we accept this) however there must be some mechanism to extend her stay on medical grounds given that her doctor will not approve any form of travel nor would any airline even consider taking her... we are trying to be above board and honest, and are willing to travel to her country when she is fit and able and our child is strong enough also. We meet all the usual conditions we certainly don’t need any help from public funds…..

In the last day or so we have been advised to apply to extend her Student Visitor Visa and site exceptional circumstances for its extension.... but I cannot see any forms or mechanism that can be used to apply for this....

Any advice is gratefully received…

Many thanks..

Pete & Sveta]]> Tue, 19 Jan 2010 11:33:52 +0000 http://www.ukresident.com/forums/topic/122099-student-visitor-visa-about-to-expire-and-about-to-give-birth/ http://www.ukresident.com/forums/topic/122336-settlement-visa-to-bring-my-husband-to-the-uk/
I am trying to get everything together to apply for a settlement visa for my husband. I am having a little bit of trouble with some of the information about me!

Please can someone let me know what my usual country of residence means?

I was born in the UK, and lived there for the past 24 years, but have been in Dubai since 2006 (although I have property in the UK, and am on the electoral role there)

My question is, is my usual country of residence the one I have been working in for a couple of years, or is it the one I am born and have lived in? I still pay tax etc each year in the UK, and am still registered everywhere, even though I have been living abroad.

I would really appreciate some advice, I am new to this site, but am going in circles around myself with the application process!

Thanks

]]> Sun, 17 Jan 2010 13:46:27 +0000 http://www.ukresident.com/forums/topic/122336-settlement-visa-to-bring-my-husband-to-the-uk/ http://www.ukresident.com/forums/topic/117499-pleaseee-advice-its-urgent/
Now i noticed reading through the HO JR acknowledgment of service bundle that they stated that my husband had applied for a student visa in nigeria( i was aware of this application based on a stupid advise by a friend he got a college here in the uk while still in the uk and sent all the details to his brother abroad who applied on his behalf but he was denied the visa due to his sponsor funds) while still in the uk and so cast doubt on our initial time of meeting each other.

Our solicitor wants us to go home to apply for a spouse visa that we stand a good chance but i am not convinved based on this issue, we are ok with accommodation and maintenance but can the ECO in nigeria not use that against us or does it not count.

P.S. expecting our 2nd child so he cant even travel now as i have other medical health concern.

Urgent]]> Sat, 16 Jan 2010 18:41:42 +0000 http://www.ukresident.com/forums/topic/117499-pleaseee-advice-its-urgent/ http://www.ukresident.com/forums/topic/121793-visa-as-self-employed-turkish-national/
I am looking for a bit of advise, our situation is a little bit complicated.

My partner is Turkish, has been in Uk for 10 years, but 2 of those years illegally as a failed asylum seeker - I am a UK resident. We have an almost 7 year old daughter born here and I have a child from a previous relationship who is 14 who also has a step father relationship with my partner. We have had some breaks in our relationship over the past 8 years mostly due to problems about the "visa" and during one of those breaks, he stupidly got married to a european national, it was a sham marriage for which his family paid a lot of money and he got a 5 year visa out of this which ran out in Sept 09; I think they thought that he would automatically qualify for ILR once the visa expired, but your "wife" needs to be on the application form and he hasnt seen her since the day they married!! so that was a complete waste of time - I am telling you this not because I approve, but it is part of the story (desparate people take desparate measures!!) Whilst his 5 year visa was still valid, he purchased a business and we applied under the ankara agreement. He currently has a 1 year (til Sept 10) visa as a self employed person under Ankara Agreement. The problem is that the business is being sold in the next couple of weeks as it is losing money and he is not allowed under his current visa rules to work for an employer. He is currently applying for a divorce but this will take about 4 months and they need to try and find the "wife" etc. The reason we have never applied as a couple is that for most of our relationship he has been married to someone else, he says that he doesnt wanted to marry me for a visa but will do once he is legal in this country; we arent living together full time - this whole visa problem has caused so much stress on our relationship its not funny (personally, I would marry him straight away not just for the visa, but because I love him!). I know we have done things the wrong way round, etc and if we had just got married 6 years ago before they changed the rules, everything would be fine now! But we didnt, and now need to find a way round it and do it properly this time. My questions are:

1. Can he sell his business and buy another one under this visa?
2. Does he need to tell the home office once this business is sold and before he buys another one?
3. Can he change his visa status and try to get a job working for an employer?
4. If his divorce comes through will we need to apply for a COA to marry or as he is in the country legally at present can we just get married? We obviously have loads of proof of our relationship, photos, cards, etc
5. Do you think he would qualify for ILR outside of the rules under human rights grounds, i.e child here, our relationship, settled in uk, all his family here legally with businesses and british passports except mum and dad, business (has paid tax, NI and no recourse to public funds), etc? Is it worth a try?
6. Are there any other avenues we can go down to get ILR with out this constant applying for a year visa here, a 3 year visa there, until we get to the 10 year residency?
7. We have been told that applying under right of access to a uk resident child might only result in a visitor visitor and that it is not worth the risk - dont know how true this is

Thank you for taking the time to read this post, hopefully it is in the correct place and thanks for any advice.]]> Fri, 15 Jan 2010 19:16:16 +0000 http://www.ukresident.com/forums/topic/121793-visa-as-self-employed-turkish-national/ http://www.ukresident.com/forums/topic/121844-polygamy/
Mods and admins - First of all I apologise in advance if this is posted in wrong category. Victoria I know you touched upon this issue but I am still left confused. But please read it all - Ok here goes my explanation:

It is crystal clear that UK law does not allow polygamy. There is some information floating around the forums and internet about cases where if a married man residing in the UK wants to bring over a 2nd wife to the uk, what does he have to do and so on. The common advice I have seen given is that 'you must divorce the first, to show your marriage is over and then you may apply for yur new partner for a spouse visa'

This is all fine, but NO WHERE can I find if a single woman living in the UK (and is a british citizen) wants to marry a man who resides in a country where polygamy is legal under civil law (as opposed to customary law), where he already has a wife but that marriage broke down ages ago, and were living seperate for a long time, can the single woman still bring him over and marry him in the uk?

in the UK law, she would be marrying legally and that too, to only ONE person. Him. They both would be living in the UK as husband and wife. Therefore abiding by the UK law.

On the home office website, the criteria is laid out clearly about what qualifies you to get a marriage/spouse/fiance visa, BUT it ALSO says

"If your husband or wife has more than one wife or husband, only one will be allowed to join them in the UK"

This clearly shows that UK law recognises that other countries permit polygamy and that there may be applicants who have more than one wife in their country. This statement also makes it very clear you live as ONE husband and wife in UK (boy I am glad about that). It does not however, state " you must divorce your first wife/husband in order to enter into a marriage partnership with a british citizen - so why do these men have to divorce their wives in that country so they can be free to marry a single woman from the UK?

I ask this because my fiance, verbally divorced his wife under sharia law in pakistan ages ago (polygamy is allowed there) but never on paper due to stigma on the woman in the society and family pressure (honour , shame and all that candy floss! to put it politely). He can't get a paper divorce as this would cause trouble for him because she is also related. It is a cultural thing only people of that culture would understand, (sorry to single anyone out).

We would be living as one and he would never reconcile or bring his 1st 'wife' over - I know the UK has laws that try and prevent from a polygamous household developing (1988 act on actual and potential ploygamous marriages) and where loopholes have been recognised and certain processes put in place to fill those gaps. Cases for example where the spouse would divorce the uk partner who bought him over, and then he bring over his new or existing spouse from another country, whilst still 'married' to the uk partner under Islamic law, therefore forming a ploygamous household.

I feel like I am singled out because my case is not simple because he has no proof of divorce. I feel so frustrated that, despite my case being genuine, it may be percieved as one of the above. Like a fraud. I am am so depressed about it because it has taken me 2 years to convince my fiance to giveup everything in pakistan and join me here as I could never live there. I, was forced into a marriage before in pakistan but stuck to my guns and principle, I NEVER bought him over to the UK because he literally just wanted to come over for the nationality. So my marriage was anulled. I was not going to let no fraud use me to get his british citizenship. Now, when I have found happiness finally with a man I want to spend rest of my life with, I am faced with this silly dilemma hanging over my head.

Would it be possible to make a condition that my fiance is willing to accept and sign, to say that he will NEVER bring his first 'wife' over. Would that not satisfy the UK home office?

you may laugh at my suggestion - but this should tell you how desperate we are and how much I want to do thr right thing in the right way.

anyone? sorry i have gone on abit]]> Mon, 11 Jan 2010 16:03:50 +0000 http://www.ukresident.com/forums/topic/121844-polygamy/ http://www.ukresident.com/forums/topic/121964-david-camerons-immigration-policy/
Does anybody know David Cameron's immigration policy and how and to what extent he plans to change the current Labour rules for permanent residency and naturalization should the Conservatives win the upcoming general elections?

Generally speaking, will the new post-election immigration rules be more tough for immigrants under Tories should they win or under Labour should they manage to stay in power?

Is it likely that Tories will abolish the Labour's Earned Citizenship bill or make the proposed changes to naturalization even more tough for immigrants to reach?

Any thoughts, guesses or opinions on these questions?

Many thanks!]]> Mon, 11 Jan 2010 11:13:03 +0000 http://www.ukresident.com/forums/topic/121964-david-camerons-immigration-policy/ http://www.ukresident.com/forums/topic/121879-need-information-regarding-visitor-visa-stay-extension/
I need some advice regarding possible ways to extend visitor stay in uk.

I have my close relatives from India who are here in uk on a 2 year multiple entry visa. Although they have 2 years visitor visa, there is a limitation that they can't stay more than 180 days on one trip.

Currently they are helping us by bringing my child from school, as both me and my work are working. If they go back, it would be tough for us to manage.

Is there anyway i can have their stay extended?

I heard that if we made a trip anywhere to Europe - example - France / Belgium / Swiss etc., and returned back after 3 days break , they stand a chance of getting 180 days stay again from day they return. Is this correct (or)
has anyone tried this?

If nothing is possible, i am thinking of making them fly back to uk after a break of two weeks in India.
Has anyone ever tried this (or) know of someone who has tried this with positive outcome.

Please do not hesitate to share your useful experience / advise / thoughts on this topic.

Thanks in advance

cheers
sri]]> Fri, 08 Jan 2010 19:58:48 +0000 http://www.ukresident.com/forums/topic/121879-need-information-regarding-visitor-visa-stay-extension/ http://www.ukresident.com/forums/topic/121806-need-some-advice/
She has been seeing him now for over 2years and its becoming very very serious.

Some details: He has sent his passport home. They are talking about moving in with each other. There is talk of marraige I supose back at his country. Now they are also talking about children.

I am worried for my sister and found this site on google.

What are there options? He went to his embassy and they told him to keep his head down :S]]> Fri, 08 Jan 2010 09:33:09 +0000 http://www.ukresident.com/forums/topic/121806-need-some-advice/ http://www.ukresident.com/forums/topic/121775-family-vistor-visa-and-child-visitor-visa/
My uncle is a british national. His sister wants to visit him with her two children. Both children are under 18. She and her children are Pakistani nationals. My questions are:

Will she apply under family visitor visa for herself and children?

Or she has to apply under family visitor visa for herself and under child visitor visa for her children?

Do she has to show seperate bank accounts for both of her children?

What documents she has to submit for her and her children's visit visa applications?

Around how much funds she has to show for her and her children's visa?

If my uncle (He has his own taxi business) sponsors her, than what documents he has to send her to assist her and her children's visa applications?

May be these things are discussed earleir in this forum, but I can't find answers to these questions any where. So please help me and answer these questions. As my uncle wants to guide her sister for visa procedures and he has asked me to get all these information. Thanks. Asim]]> Thu, 07 Jan 2010 10:36:39 +0000 http://www.ukresident.com/forums/topic/121775-family-vistor-visa-and-child-visitor-visa/ http://www.ukresident.com/forums/topic/121745-news-on-my-case/
I had my topic here but they moved it to support members section for some reason, therefore I start a new one.

Anyways, I was approved visa (C-visit-business, multiple entry, 180, six months period) from second attempt without assistance from the immigration consultant.]]> Wed, 06 Jan 2010 12:31:16 +0000 http://www.ukresident.com/forums/topic/121745-news-on-my-case/ http://www.ukresident.com/forums/topic/121478-identity-cards-with-ilr/ I have ILR does do i qualify for identity card Mon, 04 Jan 2010 23:41:13 +0000 http://www.ukresident.com/forums/topic/121478-identity-cards-with-ilr/ http://www.ukresident.com/forums/topic/68135-help-we-want-to-be-together/ Any help appreciated...
I am a UK resident in a relationship with a Failed Asylum Seeker from China.
I am at my wits end on trying to make him legal so tht we can possibly marry.
I have Hep B and we have been in a sexual relationship.
He knowingly knws the risks and still want to be with me.
I am 100% sure he has contracted Hep B from me now because we do not use protection we are wanting a Baby.
Due to other medical problems I am finding it hard to conceive but we are persisting.
What Can I do???
Can th HO still sent him back if he is caught or what?

Anyone with advice PLEASE!!!]]> Sat, 02 Jan 2010 13:18:18 +0000 http://www.ukresident.com/forums/topic/68135-help-we-want-to-be-together/ http://www.ukresident.com/forums/topic/120982-illegal-immigrant-in-a-long-term-relationship-but-hiv-positive/
I have just discovered this website and from reading through so many posts, it seems to be a very useful website.
xxxx]]> Thu, 31 Dec 2009 14:40:48 +0000 http://www.ukresident.com/forums/topic/120982-illegal-immigrant-in-a-long-term-relationship-but-hiv-positive/ http://www.ukresident.com/forums/topic/120854-contacting-jamaica-interantion-calls/
Sorry that this isn't quite to do with immigration but i dont know who else to ask and since the last response, great help and advise i got from everyone i thought someone here would be able to help me or give me some advise.

Basicly im in need of some help with finding the best ways for me to be in contact to jamaice from the uk by telephone as my mobile are charging 20p per a minute and my phones bills are constantly coming between 500 and 800 pounds a month , i have tried the phone cards at 20 pounds per a card which should give me 1000 minutes but for some reason i only get about 400 mintes which lasts a few days. I really do need some help or advise from your experiences of contacting family, friends, or lovers from the uk to abroard.

Many thanks]]> Wed, 30 Dec 2009 21:01:52 +0000 http://www.ukresident.com/forums/topic/120854-contacting-jamaica-interantion-calls/ http://www.ukresident.com/forums/topic/115750-boyfriend-from-kosovo-entered-uk-illegally/ So things have been pretty well between us and we have talked about going to Kosovo next year to get married so he could get papers to come back here legally.
I have suggested to him that we try and seek advice about the possibility of him getting a visa without marriage first.
He seems to be under the impression that anyone who is from Kosovo will not be eligible for any such visa and that the only way to stay in this country will be for us to get married.
He has been in the UK for just over 2 years and at the moment is feeling rather down because he misses his family a lot and can't wait for us to go to Kosovo to get married.
I, at the moment, do not feel 100% happy to be getting married just so he can get papers to live in this country, I would rather we try and see if there are other options available to us. So this is my question to those of you who know the legality of the immigration system, is there such a visa available to us or is our only option to go down the marriage route.
I would appreciate any help and advice.

Big thanks from D

sorry if Im posting in the wrong forum]]> Wed, 30 Dec 2009 16:03:40 +0000 http://www.ukresident.com/forums/topic/115750-boyfriend-from-kosovo-entered-uk-illegally/ http://www.ukresident.com/forums/topic/121396-long-term-visit-visa/
My mother, 58 year old, came to the UK in May 09 and my wife gave birth to our baby in Jun 09. The baby was 2 months premature and needed intensive care. We obviously wanted my mother to stay in the UK to care for our baby in long-term and given the dramatic nature of the birth we thought that compassionate discretion must have been granted for her ILR application. However it was refused as she's still too young. We received the decision last Saturday and accepted that my mother would have to go home as soon as possible.

However with her absence we don't know what to do as both of us work full-time and will not be able to afford nor trust any child care provider in the UK given how fragile our son is. Also given the fact that my mother has stayed here since May she's already used up 6 months maximum on visitor visa and will not be able to come back until next May. Well, for the short-term my mother-in-law could help for a few weeks and my wife could take time off work but it won't be for long. So our question is, would my mom be able to apply for a domestic worker visa upon her arrival back home? Or is there any visa solutions for this situation?

Thanks a lot for your advice.]]> Tue, 29 Dec 2009 18:07:03 +0000 http://www.ukresident.com/forums/topic/121396-long-term-visit-visa/ http://www.ukresident.com/forums/topic/117347-need-some-advice-please/ I have a question that I hoped someone could help out with please.

At the moment, I have dual nationalities, due to different nationalities of my parents.

Previously, I have applied for a UK tourist Visa using one of my passports. At first it was refused, then it was granted. Then it was used, expired, and renewed for a 2 year tourist visa. I have travelled to the UK 3 times, and I have never breached any UK immigration rules, and have always played by the rules.

That 2 yr visa was issued on my Nigerian passport. However, I have too many discriminatory problems with many people, as soon as I show them my Nigerian passport, as the country does not have a good reputation.

I am now living in my other country (and preferred one!), Senegal. My British fiance wants to marry me in Senegal, and take me to the UK as his partner. I want to do this using my Senegal passport.

The UK visa authorities have only ever seen my Nigerian passport, when applying in Nigeria. In all honesty, I want to completely forget my Nigerian citizenship, and solely focus on my Senegal passport, renouncing my Nigerian nationality.

So my question is this - if I submit my Senegal passport for UK visa, at the UK Consulate in Senegal, and I choose to not disclose my previous Nigerian affiliations (wiping the slate clean, effectively forgetting about my previous visas and trips to the UK), will I be breaking any rules and would the visa office connect my application with my previous one in Nigeria? If so, I will have to continue living with my Nigerian connection, but I really don't want to.



]]> Thu, 24 Dec 2009 10:38:37 +0000 http://www.ukresident.com/forums/topic/117347-need-some-advice-please/ http://www.ukresident.com/forums/topic/121169-my-case/
I am new to the forum and if I didn't follow the introduction rules (if any; I was in a rush so I might have missed that info somehow).

Anyways, I want to visit a friend in UK in November and I want to stay there for 2 months. (Nov 11 - Jan 11)

Quick facts:

- I am unemployed
- I have $3'500 to support myself
- I earned this money via the Internet
- The money was deposited few days ago in my bank account
- I am from Serbia and therefore I need Visa to enter UK

The information on the Internet didn't explain much and I am afraid I will be refused if I don't investigate this before I send my application.

Any tip for making this happen? What kind of financial documents do I need?

Thanks]]> Wed, 23 Dec 2009 17:06:17 +0000 http://www.ukresident.com/forums/topic/121169-my-case/ http://www.ukresident.com/forums/topic/121122-visa-cancellation/
all our documents are legal, i have a return ticket to proof that we'll be coming back home, and i have a visa to stay in d uk for 6months. i will not gonna buy a ticket and fly to uk if they haven't granted me a visa to stay. and im very surprised that they will cancel it as easy as that. can somebody advise me what to do? i want to appeal for the emotional and financial damages they have brought to my family especially to my daughter. but we have also plans to pursue our application for settlement visa. does this cancellation have bad effect on my next application? please help me, im still depressed right now....
]]> Wed, 23 Dec 2009 09:56:13 +0000 http://www.ukresident.com/forums/topic/121122-visa-cancellation/ http://www.ukresident.com/forums/topic/121140-need-help-in-tier-1/ I would be in advance thankfull if somebody would advice me. The matter is actually this that I applied to switch off from student visa to Tier 1 General (formerly HSMP) which was refused then I filed and appeal which was accepted. I was waiting for the letter from the Appeal Implementation Unit but I had an emergency in Pakistan(my country) therefore I could not wait for the completion of the whole process. I brought this to the knoweldge of the Home Office and they asked me that at this situation only solution is this that "to fly to Pakistan and when you would recieve letter from the Appeal Implementation Unit submit that one Letter along the pasport to the British High Commission for Entry Clearance.

Now on 4th dec of this month I recieved letter from Appeal Implementation Unit for Passport at my UK address. I tried to submit my Passport through the Gery Fedex to British High Commission(cos British High Commission is dealing all the matters through the Gery Fedex) but they refused with the reason that they cannot submit without the prior approval of the British High Commissin. They copied call Letter and said to me that they will call me when they will get permission from the British High Commission.
about more than week has alreday passed but I did not heard anything from them.
can anyone tell me that what to do at this situation.
Regards]]> Tue, 22 Dec 2009 16:10:00 +0000 http://www.ukresident.com/forums/topic/121140-need-help-in-tier-1/ http://www.ukresident.com/forums/topic/121115-please-help-me-with-this/
i dont know where can i start.. im on spouse visa and due to apply ilr in may 2010.. my wife british citizen and final year uni student. i have a big problem with my family in turkey..

i have to bring my sister here to uk.. my sister turkish citizen, married a turkish guy but they will divorce soon, i have also other family members in turkey my mum my other sisters and brother but they are not able to look after her..

I would like to bring my sister to UK and i want her stay with me, not for work just stay..


how can I get a visa?

under what category?

i have 7 monts old baby. but au pair visa not alowed anymore from turkey..


please help me for this i really have to bring my sister.. she is 25 years old.. please help...

im ready to answer all your questions you need for this...

thank you all...]]> Tue, 22 Dec 2009 14:17:00 +0000 http://www.ukresident.com/forums/topic/121115-please-help-me-with-this/ http://www.ukresident.com/forums/topic/120883-visa-extension/

I need some advice regarding my visa extension,I am on PWS visa expiring on June 2010 so that will be 8 years in total for me in the UK. I do not know how i can extend my further leave. Actually i have done PG Diploma which was giving me 30 points towards HSMP until April 2009 but rules have been changed and i am not getting any points.

I know i have to be here 10 years in total to qualify the ILR but can not see any option to extend my stay, some people suggested me to switch back to student visa but i can not work on this visa as i have my wife and one child living with me who was born here to support.


Can i be dependent on my wife if she get admission in any university ?

Kindly advice me on that as i am really stressed and do not want to waste my 8 years in vain, if you can help then please send me private message or send me email on softmind82@hotmail.com


Ali.]]> Mon, 21 Dec 2009 21:00:55 +0000 http://www.ukresident.com/forums/topic/120883-visa-extension/ http://www.ukresident.com/forums/topic/121100-visiting-visa/
what are the supporting documents required for visiting visa holder to revisit (Re-apply for uk visit visa) the UK after is visit visa has been expired, as the person came into the uk with family form (family visa ) because the person have a family here in the who is a british citizen.


i will be gald if someone can privide me with answers to these questions.]]> Mon, 21 Dec 2009 20:06:59 +0000 http://www.ukresident.com/forums/topic/121100-visiting-visa/ http://www.ukresident.com/forums/topic/121092-limited-leave-to-remain-5yrs-asylum/
Your advice is appreciated.

Thank you]]> Mon, 21 Dec 2009 18:51:05 +0000 http://www.ukresident.com/forums/topic/121092-limited-leave-to-remain-5yrs-asylum/ http://www.ukresident.com/forums/topic/121090-simple-question-re-on-line-applications/ Thanks!]]> Mon, 21 Dec 2009 17:49:08 +0000 http://www.ukresident.com/forums/topic/121090-simple-question-re-on-line-applications/ http://www.ukresident.com/forums/topic/120115-residence-card-for-no-visa-holder/ Does anyone knows someone that had no visa whatsoever, married to an EU National in the UK and was granted a Residence Card? Wed, 16 Dec 2009 17:20:20 +0000 http://www.ukresident.com/forums/topic/120115-residence-card-for-no-visa-holder/ http://www.ukresident.com/forums/topic/120697-10-year-ban-and-spouse-visa/ i have been banned for 10 yaers in uk. and now have got married to a british national can i apply for spouse visa during the 10 year ban? Mon, 14 Dec 2009 11:47:10 +0000 http://www.ukresident.com/forums/topic/120697-10-year-ban-and-spouse-visa/ http://www.ukresident.com/forums/topic/120719-help-plz/ I am here in the UK on a spouse visa, but I am having difficulties finding a job, I have applied to hundreds of places and distributed my CV but have been unsuccessful. My wife studies in London so it is impossible for her to relocate. I wanted to know whether it would be possible for me to live alone and work in Glasgow for a few months, so that I could earn some money and be in a better position when I come back to London. I have family living in Glasgow already who will be able to give me a job if I decide to go there. My concern is whether this breaches my conditions? and in a situation like this what other options do I have available to me?or is it better for me to stay in London?. Sun, 13 Dec 2009 20:48:30 +0000 http://www.ukresident.com/forums/topic/120719-help-plz/ http://www.ukresident.com/forums/topic/119772-us-passport-and-british-birth-certificate/
Thanks in advance.

Tasha]]> Sun, 13 Dec 2009 16:49:02 +0000 http://www.ukresident.com/forums/topic/119772-us-passport-and-british-birth-certificate/ http://www.ukresident.com/forums/topic/120551-visitor-visa/
I am currently on HSMP visa and working in IT company. One of my family friend is british national. I want to apply for mother visit visa.

My question is so simple, can you please explain is only british national can sponsor to more chance to application successful even do not have close relation.

Either I can also sponsor because I have very close relation, working in UK, Paying Tax, sperate rented house and healthy bank balance.

Please advise me which be more better option sponsor from british national or Son whose in UK on HSMP visa.

Thank you.]]> Sun, 13 Dec 2009 00:29:19 +0000 http://www.ukresident.com/forums/topic/120551-visitor-visa/ http://www.ukresident.com/forums/topic/120425-long-term-uk-visitor-visa-6-month-rule/ C - VISIT MULT 180 DAYS", what does this actually mean?

That you can visit up to 180 days in a single year? Or is it up to 180 days for every year of the duration of the visa?]]> Sat, 12 Dec 2009 13:26:54 +0000 http://www.ukresident.com/forums/topic/120425-long-term-uk-visitor-visa-6-month-rule/ http://www.ukresident.com/forums/topic/120463-twes-extension/
I am a TWES holder for the last 2 years (first year issued as TWES workpermit the next year is issued under TWES/MTI). I have not used the first year due to multiple hospitalisations with subsequent loss of my baby. So technically I only used one year of TWES.

I wanted to continue my training/work experence in the same hospital as international doctors and my supervising consultatnt want me to do my training with out interuption. The deanery (part of the employer at NHS is insesting to give me an extension under tier5 (temporary worker). If I agree to teir 5 then I have to leave the UK which is a desaster as my children in school and Im in the middle of my training???

The home office has advised me that I am currently holding TWES and I can extend my TWES from within the UK for another year due to my sudden medical problems that have prevented me from gaining the required experience if I used FLR(O) under ( other purpose in section 3). My employer is insesting that my training is under tier 5 and can not understand that TWES holder can not switch to other category with out leaving the UK but yet issued the wrong forms.

I am so stuck and I urgently need to apply to extend the TWES from within the UK what shall I do ?

Plaese HELLLLLLLLLLLLP

Many thanks

Luna]]> Thu, 10 Dec 2009 18:18:34 +0000 http://www.ukresident.com/forums/topic/120463-twes-extension/ http://www.ukresident.com/forums/topic/120330-spouse-visa-age-challenge-fails/

http://www.bailii.org/ew/cases/EWHC/Admin/2009/3189.html



martins]]> Thu, 10 Dec 2009 10:25:28 +0000 http://www.ukresident.com/forums/topic/120330-spouse-visa-age-challenge-fails/ http://www.ukresident.com/forums/topic/119986-tier-1g-to-indef-leave-to-remain/
i recently extended my HSMP work permit via the Tier 1 general application. Having been through some bureaucratic hassles this time, I want to be prepared for the next time!

so- is it ok if i have been unemployed / part-time employed for a part of the 5 years which are needed to qualify for Indefinite-Leave-to-Remain? I have been out of the country for the past 3 months. My trval plans wil keep me abroad for another month. Just want to know if this is ok by the rules.

please point me to where the official stand on this is published.

Thanks a lot.
Gaurav]]> Tue, 08 Dec 2009 21:30:45 +0000 http://www.ukresident.com/forums/topic/119986-tier-1g-to-indef-leave-to-remain/ http://www.ukresident.com/forums/topic/104165-visitor-visa-refused/ Hi Zahraa,

I have applied my mother visa in Sept-2007 to invitation for my graduation ceremony, I was on the IGS visa on that time and visa was refused on the following reason. Currently I am on HSMP visa, working in IT company.

You have failed to provide satisfactory evidence to demonstrate that you are established in Pakistan. You have failed to provide any evidence of any business, employment, regular income or how you support yourself in Pakistan. You have provided no evidence of you marriage, the whereabouts of your husband or any evidence of family remaining in Pakistan. As such I consider that you have failed to demonstrate sufficiently strong economic and far ties in Pakistan to satisfy me that you intend to leave the UK but rather that you have good economic reasons for not doing so. Therefore, on the balance of probabilities, I am not satisfied that you intend a visit for the purpose and period as stated by you.

Given my doubts regarding your application as a whole I am not satisfied you are genuinely seeking entry as visitor for a limited period not exceeding 6 months and that you intend to leave the United Kingdom at the end of the period of the visit as stated. Furthermore, I am not satisfied you are able to meet the cost of your return or onward journey and maintain and accommodate yourself adequately out of resources available to you without recourse to public funds or taking employment or producing goods or providing services within the United Kingdom, including the selling of goods or services direct to members of the Public.

My mother was became widowed when I was age of 5 years and I am only son of my family. We have house in Pakistan on my father name which I can show as it is currently on rent.

My Question is that, how do I prove the family ties as there is no close family member is Pakistan.

How do I prove evidence of employment, regular income or how she support herself in Pakistan and Can she show money as support which I sent from you UK.

How do I prove sufficiently strong economic reason and far ties in Pakistan to satisfy that she intend to leave the UK because good economic reasons in Pakistan. My mother has the bank account in Pakistan and I can maintain that account for 3-4 months. If yes then how much balance I need to show on her account? and how much Income for each month and source of Income.

Please advise accordingly.

Thanks]]> Tue, 08 Dec 2009 19:54:54 +0000 http://www.ukresident.com/forums/topic/104165-visitor-visa-refused/ http://www.ukresident.com/forums/topic/120163-reporting-illegal-worker/ im here from last svsen years i know so many people they employ so many illegal people on small wages and treat like slaves i really wann help peoples plz help me my friends]]> Sun, 06 Dec 2009 12:34:02 +0000 http://www.ukresident.com/forums/topic/120163-reporting-illegal-worker/ http://www.ukresident.com/forums/topic/120152-girlfiriend-is-overstayer-please-help/
My non-EU girlfriend has overstayed on her tourist visa - and working illegally in the UK… I know it is a bad situation but we’re very much in love and want to stay together in the UK. Can anyone offer any advice where we would start so this dream can become a reality? We would seriously consider any options…

Sorry it is all a bit vague - please ask me for any details you think are important and I will be happy to provide.

I can't stress enough how much we love each other and how much I would appreciate any advice..

Thank you.]]> Sun, 06 Dec 2009 10:21:32 +0000 http://www.ukresident.com/forums/topic/120152-girlfiriend-is-overstayer-please-help/ http://www.ukresident.com/forums/topic/119713-tourist-visa/ Thu, 03 Dec 2009 11:48:04 +0000 http://www.ukresident.com/forums/topic/119713-tourist-visa/ http://www.ukresident.com/forums/topic/106472-overstayed-for-15-years-and-want-to-leave-uk-for-good/ sept 1995.i then gave my passport to a lawyer to try to get my visa extended and have not
seen the lawyer and my passport since then.i have tried looking for this lawyer for 2 years but then gave up.i was afraid to go back to malaysia because im gay and my family will find out.after 19 years now im ready to go back.what will happen to me when i turned up at the airport to leave uk?i never claimed any benefits and dont have a criminal record.i will be paying my own fare home.i know what i have done is illegal but i had no choice because my dad will be very hurt if he found out im gay.my dad died last year.please help.]]> Thu, 03 Dec 2009 09:25:01 +0000 http://www.ukresident.com/forums/topic/106472-overstayed-for-15-years-and-want-to-leave-uk-for-good/ http://www.ukresident.com/forums/topic/119778-advise-for-a-friend-should-be-easy-to-answer/

ok so my friend claimed asylum abt 7 years ago nd was granted it abt 7 years and has been living here since. hes free to work nd has a british passport. he married in pakistan abt 1 year ago and now has a daughter who is a few months old. hes wishes to bring his wife and daughter here in the UK. what would be the best and easiest option here? would he need to sponsor them? could he apply for his daughters passport here or in pakistan?? would his daughter be entitled to a british passport??

any help wud be much appreciated thanks ]]> Thu, 03 Dec 2009 00:09:26 +0000 http://www.ukresident.com/forums/topic/119778-advise-for-a-friend-should-be-easy-to-answer/ http://www.ukresident.com/forums/topic/119651-how-to-deport-wife-who-used-me-to-come-to-uk-for-benefits/ COULD YOU PLEASE HELP JUST FOUND OUT WIFE MARRIED ME TO COME TO UK TO GET CITIZENSHIP AND BENEFITS, KNOW I WOULD LIKE TO DEPORT HER , COULD ANY BODY PLEASE HELP Tue, 01 Dec 2009 11:28:30 +0000 http://www.ukresident.com/forums/topic/119651-how-to-deport-wife-who-used-me-to-come-to-uk-for-benefits/ http://www.ukresident.com/forums/topic/119234-anyway-to-find-out-the-dates-that-you-left-uk/
Is that anyway we can find out the dates that you left UK for the holiday purposes?

My bf traveled back home 3 times but his passport doesn't show the dates that he left UK and our country check our passport by a machine with thumb print. So the passport never get stamped when he arrived to our country.

As a typical man, he can never remember anything including the travel dates of the last few years. However, he need that information to fill in the naturalisation application form (Form AN).

Could anyone please help?


Many Thanks



Regards

Yennie]]> Fri, 27 Nov 2009 12:38:34 +0000 http://www.ukresident.com/forums/topic/119234-anyway-to-find-out-the-dates-that-you-left-uk/ http://www.ukresident.com/forums/topic/118975-overstayer-please-help/
just wondering if any body can help me here .

i came here in uk in dec 2000 on student visa . after 3 years in 2004 i applied and got 5 years work permit . i lost that job about 6 months later .

and then start working at diffrent places including odd jobs as well thinking i am allowed to work and can work any where .

during this time i work really hard i bought a flat and couple of years later i bought another flat both on mortgage. considering uk as my home .

then my work permit came to expire and i went to a solicitor to apply ilr . but there i found out that after losing my first job with the company who got me work permit i had to change

my work permit in the name of my new employer and i can only do similar jobs nothing else ..

because i have not done that i have been living here in uk illegally and i should leave uk before my leave to remain on my passport expires .

here i was stuck and did not know what to do . i couldnt sell my flats and had become an overstayer as visa on my passport expire about a year ago .

can any body help me .. what could i do to regularise my stay ..

any help is highly appreciated]]> Thu, 26 Nov 2009 23:31:32 +0000 http://www.ukresident.com/forums/topic/118975-overstayer-please-help/ http://www.ukresident.com/forums/topic/119368-how-long-can-you-leave-uk-and-not-affect-ilr/ My husband needs to go back to Egypt and already he has ben back twice in 2 years for a total of 6 weeks. My question is how long can he go out of the uk in total in the 2 years before it affects his ILR Thu, 26 Nov 2009 22:47:37 +0000 http://www.ukresident.com/forums/topic/119368-how-long-can-you-leave-uk-and-not-affect-ilr/ http://www.ukresident.com/forums/topic/119363-passport-when-accepted-as-refugee/ Thu, 26 Nov 2009 18:54:28 +0000 http://www.ukresident.com/forums/topic/119363-passport-when-accepted-as-refugee/ http://www.ukresident.com/forums/topic/119010-need-some-clarity-with-applying-for-citizensip/
We are Indian nationals.
My Husband has been on a work permit for the last 5 years and we are now applying for ILR. Being his spouse means I can apply for ILR as well.
My questions is... , after getting ILR, does the one year stipulated time period apply to me as well? So, can I apply for a British Passport in a year from getting my ILR?
I have lived in the UK for over 3 years now.
Also... can I apply for a British passport, irrespective of whether my husband applies for one or not?

After getting a British Passport, are there any time restrictions for me being out of the country? Also.. when is the appropriate time to apply for a OCI card from India.. seeing as I will have to surrender my Indian passport to get a British one.

Thanks
in advance

Jasmin]]> Thu, 26 Nov 2009 13:35:03 +0000 http://www.ukresident.com/forums/topic/119010-need-some-clarity-with-applying-for-citizensip/ http://www.ukresident.com/forums/topic/119213-indefinite-leave-to-remain-is-this-affected-by-the-new-points-system/
I'm a commonwealth citizen and came to the UK in 1999 on a UK ancestry visa. 6 years ago I was granted Indefinite leave to remain - no limits on the time I could stay and the right to work...etc.

Completely forgot about the fact that I could and should apply for natrualisation and become a full British Citizen and get a British passport ....etc.

Got all my forms together last year, and discovered that I was not eligilble because I was caught speeding in 2004 (one mile an hour over the threshold for a court appearance!) Said 'I'm very, very sorry to the magistrate who told me off and gave me a £150.00 fine and 6 points.

In Dec 2009 - it would have been 5 years - which means that I would be able to apply without any restrictions...etc.

If for some reason I were to apply after 13/01/2010 (when I believe the new points system comes into effect) - would I be subject to this new law?]]> Thu, 26 Nov 2009 09:04:48 +0000 http://www.ukresident.com/forums/topic/119213-indefinite-leave-to-remain-is-this-affected-by-the-new-points-system/ http://www.ukresident.com/forums/topic/119262-need-help/
My feeling is that she is about to make a very WRONG decision.

This friend has three children. The youngest two are UK citizens (born here) whilst the oldest comes from the same country as her mother. Their ages range from 1 to 11. Her work visa expired last year and she is unable to work. She wants to leave the country and go back to her homeland with her children. She has told the home office this. They refuse to pay for the fare of her two youngest children because they say her ex (the father) has enough money and should pay for it. Obviously she is unable to work and cannot afford this herself.

Anyway, lets just say she has managed to obtain some money from somewhere. Enough for her and her youngest to get back to her home country. She is going to leave her oldest with a family member in the UK (they may adopt), and the middle with her ex (the babies father). He knows nothing about it. She is now so desperate to provide some form of security that two of her children would be losing a mother. It is none of my business but I feel this is a decision she may regret in future. In particular it would not surprise me if her ex gave the child up for adoption as soon as he realises his ex as left the child with him.

Is there any way out of this situation for her?

She is leaving very soon.]]> Thu, 26 Nov 2009 08:59:16 +0000 http://www.ukresident.com/forums/topic/119262-need-help/ http://www.ukresident.com/forums/topic/117701-passport-information-false-help/
]]> Wed, 25 Nov 2009 14:00:48 +0000 http://www.ukresident.com/forums/topic/117701-passport-information-false-help/ http://www.ukresident.com/forums/topic/118743-bank-statements/
I have a question regarding the 6 months bank statements required for submission of a visa application.

I have been out of the UK for some time, and only bank using internet banking. There are no branches of my British bank in the place where I currently live.

So, I've heard that they do no accept internet banking printouts as proof of finances, unless certified by the bank (not possible in my case).

I do have a local bank account, which I have official statements for the past 3 months. I can include them, but there is not much cash in them, as my salary is withdrawn immediately each month for transfer to the UK. Also, these transfers take the form of cash deposits in my UK account, which I have also heard is not looked favourably upon.

Any suggestions? Will they even look at the online printout if it isn't certified?]]> Mon, 23 Nov 2009 12:50:54 +0000 http://www.ukresident.com/forums/topic/118743-bank-statements/ http://www.ukresident.com/forums/topic/119001-refusal-for-lrurgentpls-help/ she has sought advice from a solicitor and she has mentioned it can be taken to a judicial review but how do we know if it will be successful??]]> Mon, 23 Nov 2009 11:23:31 +0000 http://www.ukresident.com/forums/topic/119001-refusal-for-lrurgentpls-help/ http://www.ukresident.com/forums/topic/118835-date-you-last-enter-uk/ hi,i posted to european track as well.im just confused about that question,what home office is asking me to write?are they asking my last date,for example last time i come back from holiday?or they want a date i come here to live permamently?please can somebody answer that for me?thanks a lot .anna Fri, 20 Nov 2009 13:53:51 +0000 http://www.ukresident.com/forums/topic/118835-date-you-last-enter-uk/ http://www.ukresident.com/forums/topic/118016-husband-lied-to-me-to-come-to-london/ hi everyone i never thought i would be one of those people who got used and abused for only to come to uk london i met him in morocco we feel in love or so i thought he got his right to remain visa and i had a baby boy shortly after he then applied for british citizenship which was when i got told by him that was the reason he married me you can not imagine how i felt i had a break down then drowned my self with an overdose with tablets an attempts to end my life but with my mums help i soon clicked out of it i am now in the process of stopping his citizenship and really want some advice can i do anything surely there should be a law to stop this happening and if it does we can do something about it...pls reply Thu, 19 Nov 2009 16:22:03 +0000 http://www.ukresident.com/forums/topic/118016-husband-lied-to-me-to-come-to-london/ http://www.ukresident.com/forums/topic/117006-low-income-will-it-affect-my-ilr/
I am new to this forum and would like senior members and others with more knowledge on this matter to help me please.

I am eligible for my ILR since April 2009 (4yr WP+ 1yr Tier1 migrant). I have P60s, Pay Slips and Bank statements for the entire 4yr from my employment with an employer on work permit (£25,000PA), unfortunately the contract with my employer did not extend and I applied for Tier-1 visa which I was given till 2011. Now, because of the recession I am finding it difficult to find a good job, although I've been economically active working, and still am, part time earning ~£800 a month. Also, I have P60 from this job and get weekly payslips (but get paid cash!! no money transfered to bank). My question is- will it affect my ILR application if I am on a lower income group? Is there a minimum wage to get ILR? I have a good bank balance to sustain myself and have not used public funds at all. I would be grateful if members can please advice me and guide in the right direction.

Thanks in advance,

Regards,
Jindal]]> Thu, 19 Nov 2009 14:41:40 +0000 http://www.ukresident.com/forums/topic/117006-low-income-will-it-affect-my-ilr/ http://www.ukresident.com/forums/topic/118383-2-surname-on-2-passport/
I have got my british passport in my married name but my home country passport in my maiden name.Now when I want to book flight to go to my homeland I have to get one stop flight in amesterdam and I am travelling with my homeland passport but i don have europeen visa in it.is this going to be a problem/////?any solution plz

cheers]]> Wed, 18 Nov 2009 22:22:59 +0000 http://www.ukresident.com/forums/topic/118383-2-surname-on-2-passport/ http://www.ukresident.com/forums/topic/118617-resident/ Does that person has to be living in that place legally to be called a resident?

please advise]]> Wed, 18 Nov 2009 14:56:44 +0000 http://www.ukresident.com/forums/topic/118617-resident/ http://www.ukresident.com/forums/topic/118540-ilr-application-missing-p45/
I'm about to make a ILR application in next couple of weeks by post and have a query regarding a missing P45.

I changed jobs last month (2nd Oct 2009) but I haven't got my P45 till date. When I called up my ex-employer last week they said it had been posted about 3 weeks ago. I'm pretty much convinced its got lost in post. P45-s cannot be regenerated as far as I know.

Anyway I filled in a P46 form with my new employer mentioning NI number, tax code etc. So everything is fine as far as Inland Revenue are concerned.

But I'm now worried about this while submitting ILR documentation. I'm going to make a postal application as I couldn't get a personal appointment slot at Home Office. It means that I won't be able to personally explain the situation to a case worker.

Please could any of you advise me on what I could do.

Many thanks
Arun]]> Tue, 17 Nov 2009 15:10:50 +0000 http://www.ukresident.com/forums/topic/118540-ilr-application-missing-p45/ http://www.ukresident.com/forums/topic/117700-is-it-safe-to-go-on-electoral-roll/ I am an overstayer, and in the process of sorting out myself(going to speak to lawyers next week, then make a move from there). However, my boyfriend and I have just recently moved to a new flat, we've been living there for about 4months now; and we had a letter from the council the other day regarding the register of electors form. We decided to ignore, as my boyfriend thought that as he was registered at our old flat, it doesnt matter.
However, a couple of days ago, we received a final reminder letter from the council saying we need to fill in the form, as we are lgally obliged to do so, and if we dont, a legal action might be taken. Right, so I know my boyfriend is fine to go on it, as he's a British citizen; however, I'm a bit hesitant to write my details down, as I'm scared it might alert the authorities of my overstay status. Do they do any checks on the info given?
Please help!! Thanks in advance]]> Mon, 16 Nov 2009 09:21:30 +0000 http://www.ukresident.com/forums/topic/117700-is-it-safe-to-go-on-electoral-roll/ http://www.ukresident.com/forums/topic/117741-advice-needed-dual-residency/
I am an Iraqi Citizen and hold an ILR in UK for several years now. My wife is EU citizen (non-UK).

• Does the fact that my wife is EU citizen contribute in any way if I apply for naturalisation as a British citizen?
• I am also considering moving in my wife’s country and spend at least half of the year in her country and the other half in UK. I am considering therefore applying for permanent residency from her country as well. Can a second permanent residency conflict in any way with my current UK ILR?

(I am aware that if I only spend short periods of time in the UK over many years it is likely that there will come a time when you will lose your indefinite leave to remain in the UK)


Your advice is much appreciated.]]> Mon, 16 Nov 2009 03:45:42 +0000 http://www.ukresident.com/forums/topic/117741-advice-needed-dual-residency/ http://www.ukresident.com/forums/topic/118340-visitor-visa/ Hi. My friend lives in Bahrain. he holds Pakistani passport. he wants to come to UK for only 3 weeks. but we really confused because we dont know where to start from. what documents and proofs does he need to show and what reason should he give that why he visiting UK. he got a job back there and family, after 3 weeks he will return back. Plz can someone advice me on this. Plus someone told him its hard to get visitor visa these days, Is this true?]]> Sun, 15 Nov 2009 13:37:16 +0000 http://www.ukresident.com/forums/topic/118340-visitor-visa/ http://www.ukresident.com/forums/topic/118143-husbands18-mth-wait-and-desperate/ Hi any advice greatly appreciated, its now 18 months scince my husband sent off his papers to immigration, followed their instructions and gave up work due to overstaying, I hasten to add because of an immigration offices so called advice after taking citizen test, been in UK since 2001 worked full time renewed visa always on time until incorrect advice given, now in debt baliffs at door , not even existing, have been to local mps, written to home secretary, immigration will not tell us wots happening spoken to human rights commission, Liberty, cant afford legal help wot do we do...... Sat, 14 Nov 2009 09:13:03 +0000 http://www.ukresident.com/forums/topic/118143-husbands18-mth-wait-and-desperate/ http://www.ukresident.com/forums/topic/117529-what-shall-i-write-to-my-case-owner/
Is that true that HO dont respond to any NAM case until jul 2010?has any one heard or have any news about nam cases?plese share.]]> Sat, 14 Nov 2009 00:39:05 +0000 http://www.ukresident.com/forums/topic/117529-what-shall-i-write-to-my-case-owner/ http://www.ukresident.com/forums/topic/118038-breaking-news-supreme-court-allows-3rd-party-support/ Supreme Court allows 3rd party support read more below


http://www.bailii.org/ew/cases/EWCA/Civ/2008/1082.html





martins]]> Fri, 13 Nov 2009 12:06:34 +0000 http://www.ukresident.com/forums/topic/118038-breaking-news-supreme-court-allows-3rd-party-support/ http://www.ukresident.com/forums/topic/118000-settlement-visa/ what kind of visa do we have to apply next[as i understood ILR]
and how soon in advance do we have to apply
next year she will be 16 years old
thank you]]> Wed, 11 Nov 2009 20:29:46 +0000 http://www.ukresident.com/forums/topic/118000-settlement-visa/ http://www.ukresident.com/forums/topic/117994-need-passport-back-for-emmergency-travel/
I have applied for a student visa extention 2 years ago and still no decision. The HO wont reply to any of my inquiry letters and when I call they wont give me any info either other than saying "It's under consideration sir!"

How ever, now I have come accross an emmergency and have to travel asap! So I called them and they said the only option is to withdraw the application in writing. I did that. Still didnt get a reply and no joy in any follow up calls either. So I went to my local MPs office and requested him to interviene and expedite the process to get the passport back. So they contacted the HO and was told that my application has been void long time ago(I dont know what that means and dont know why the hell they didnt send me back my passport) and I should call the reporting center to make an appointment and collect the passport. I called the reporting center and was told that it could take upto 3 days for the file to come there and they will call back. They also told me thet the passport will be kept at the airport for me to collect and wont be givent to me on the day of the appointment. Now its been 10 days and still the file has not come there. any ways I have the following concerns about this collection procedure


What do they usually ask when you go to the reporting center for such a thing?
Is it normal to send my passport to the airport?
Will they ask me to give finger prints and if they do can I refuse?
Will they and can they make any endorsements on my passport, because I intent to apply for visa from my country and come back after while?

If any one here know or have experience in such situation, please give me some advice.

Thank you]]> Wed, 11 Nov 2009 16:14:20 +0000 http://www.ukresident.com/forums/topic/117994-need-passport-back-for-emmergency-travel/ http://www.ukresident.com/forums/topic/117802-do-i-need-to-declare-a-caution/ Hi am looking to move to the USA to be with my gf and to get engaged and get a fiance visa, the thing is i read that i will need to mention if i have had any cautions, i got one when i was 18 am now 28, as i understand cautions only stay on file for 5yrs but do i need to still declare this? Wed, 11 Nov 2009 10:24:07 +0000 http://www.ukresident.com/forums/topic/117802-do-i-need-to-declare-a-caution/ http://www.ukresident.com/forums/topic/116284-help/ I have a flight booked to leave the UK for good on 18th Nov.

I have just realised that I will overstay by about 20 days.
I got confused as I thought I could stay in the UK on a tourist visa as long as I wasn't working, but apparently I had to leave the uk before the expiry and come back in on a tourist visa, it is too late for this now.

My question is will I have a problem leaving on the 18th?
Will I get banned from the UK and for how long?
If I explain it was a genuine mistake, as i thought I could still be here as long as I didnt work will they be ok? It is only 20 days.
Am very scared.
Thanks


]]> Mon, 09 Nov 2009 20:48:06 +0000 http://www.ukresident.com/forums/topic/116284-help/ http://www.ukresident.com/forums/topic/116905-form-su-0701/ hi any one can tell me please if i have to fill in or where i should fill the second page of sponsorchip form , as it says for office use only. thank you every one Mon, 09 Nov 2009 20:45:33 +0000 http://www.ukresident.com/forums/topic/116905-form-su-0701/ http://www.ukresident.com/forums/topic/117323-finding-solicitors/
I am looking for a solicitor for my premium PSW application. I have heard a couple of cases where people have faced difficulties by falling in the traps of fraudulent solicitors. I was wondering if there is a way to find if a particular solicitor is genuine or not? And whether such a directory exists or if anyone can guide me to a solicitor in Central/West London?

Kind Regards,

Anas]]> Fri, 06 Nov 2009 11:18:09 +0000 http://www.ukresident.com/forums/topic/117323-finding-solicitors/ http://www.ukresident.com/forums/topic/112587-home-student-fee/
ME and my Husband we both have non EU passports.

he will complete his 3 years stay (paying all his taxes and etc)in uk in january 2010.so wud I be considered or treated as Home student when I apply for my studies in Uni in UK in February start 2010 ?

please advice

Thanks ....]]> Fri, 06 Nov 2009 00:33:41 +0000 http://www.ukresident.com/forums/topic/112587-home-student-fee/ http://www.ukresident.com/forums/topic/117096-traffic-offence/ -one of my friend was refused naturalization as he did not meet the good character criterion as he was fined 315 pounds by the court as he himself and his three children under 12 were not wearing seat belts.He deposited the fine in time. he applied in sep 09 and had the traffic offence committed in dec 08 and the courted ordered the fine on 10 july 09. the application was rejected on 21 oct 09..now when he would be able to reapply and when should the offence be considered to be spent.thanks for any suggestions. Thu, 05 Nov 2009 13:20:53 +0000 http://www.ukresident.com/forums/topic/117096-traffic-offence/ http://www.ukresident.com/forums/topic/117201-passport-for-son-by-british-citizen-father/
This is onbehalf of my cousin who has got query which i hope you will help with.

He did seperately applied British passport for this Kenyan born son (aged 5 months) at the British Embassy and a visa for his wife at the Visa Centre.

Visa was refused on ''the Eco was not convinced that they would live together when arrive in UK'' and other basic (but baseless) reasons on which an appeal was lodged against, my cousin then contacted the British Embassy after 6 weeks (it takes 4 weeks for Biometric passport to be issued as advised by the staff) enquirying about the progress of the passport for son, he was then told that because his wife (son's mother) had visa refused, therefore they won't issue a passport for the son so my question leads to the following:-

Do both parents have to be British for the son to qualify for the passport?
Why wife's visa refusal is related to the son's passport? the son was born after way long after the father naturalised
What grounds can they refuse passport for the child?



Any help, suggestion is highly appreciated.

Cheers O]]> Thu, 05 Nov 2009 12:35:11 +0000 http://www.ukresident.com/forums/topic/117201-passport-for-son-by-british-citizen-father/ http://www.ukresident.com/forums/topic/117326-appointment-with-my-case-owner/

Well,today for the first time i could speak to my case owner.He seemed very friendly thought!

The reason that I called him up was, firstly to find out if he has received my some new evidence which I sent in the past few months,
and also giving one more evidence,that I believe they are really strong enough to draw every body's attentions,
however he had no idea on my questions and asked me to call him back at tomorrow morning.


now my inquiry is:
how to ask him to look at my new further evidence specifically ?and also what should i expect to hear tomorrow?i can not wait really...

in addition every single scened of my life is full of stress since i came to the UK.

thanks for any tip!]]> Thu, 05 Nov 2009 12:32:28 +0000 http://www.ukresident.com/forums/topic/117326-appointment-with-my-case-owner/ http://www.ukresident.com/forums/topic/117187-bno-and-indefinite-leave-to-remain/
I have a couples few questions to ask:

First, I am wondering if I could ask for indefinite leave to remain after holding a student visa and have been staying this country lawfully for the last 7 years. Here is a little history about myself: I am still getting my PhD in Mathemaitcs finished soon and I am a BNO passport holder.

I looked up the internet and I have found from this website,
http://en.wikipedia.org/wiki/British_National_(Overseas), which has the following description:
"They can also be conferred British honours, enjoy working holidays in the United Kingdom and can apply for indefinite leave to remain if they have lawfully resided continuously in the United Kingdom for five years. "

is it ture?

Also, last night when I came back from GErmany and passed through passport control in heathrow airport, an official sugggested me that I could apply for indefinite leave to remain because I have been this country more than five years although I was holding student visa. I totally didn't get him in the first palce but He insisted I could apply it. Then this morning, I called up Home office UK broder agency and they gave me the answer is no. Who is telling me the right thing?

Second, if the answer of the first question is negative, can I ask for indefinite leave to remain by applying SET(O) under highly skilled migrants?

Finally, if the answers of the above questions are all negative, does it mean I have to apply SET(O) under 10 year long residence as long as I have a right to stay for next three years. If this is the case, what kind of documents I have to prepare?
I guessed I need to get all my student certificates from different unis which I have been. There is smth I am not so sure about a peroid of year 2004-2005. I got three year student visa at that time to do a Phd in a uni but I didn't finish the school because the scholarship issue and then I quit in March of 2005, joined another uni in October 2005. I am a BNO holder which I can stay in this country for six months without a visa.
Would it a problem for me if I apply SET(O) under long residence? Also, in the SET(O) form, there is smth about the period I leave UK for holidays. I can't remmeber all of them for last 7 years. they were all short in different time. how can I tell whether I violate the rules already?

Cheers
Ron Chan]]> Wed, 04 Nov 2009 17:08:28 +0000 http://www.ukresident.com/forums/topic/117187-bno-and-indefinite-leave-to-remain/ http://www.ukresident.com/forums/topic/84265-pls-help-is-a-must-read/
Pls help what are my chances as the court gave me supervised contact for 6hrs every saturday and also i am allowed to go anywhere within uk with my children once the supervisor(her mum)agreed to come with me.]]> Tue, 03 Nov 2009 13:05:13 +0000 http://www.ukresident.com/forums/topic/84265-pls-help-is-a-must-read/ http://www.ukresident.com/forums/topic/116314-engaged-to-an-overstayer/
I could really benefit from some advice. My fiance came to the UK from pakistan 8 years ago on a spouse visa. His wife (now ex) who is British completed the ILR application and took money from him for the fee. She assured him that the application had been sent off and he was satisfied with this. A year later he asked for his passport so that he could renew it but she told him that it had been lost. As the relationship went on he discovered that his wife was having an affair and this had been going even before they married, she also told him that their child (now aged 7 and a half) was not his. Obviously this devastated him as he had raised the child as his own but to this day he still believes the child is his but will not take a DNA test. The marriage broke down a year later after he became fed up with the emotional abuse he was subjected to by his ex and her mother (he has a letter from Police giving him advice about domestic violence and they are aware of the situation).

As his wife was a relative he did not want to rock the boat too much so they settled for an Islamic divorce. He then went to live with a relative. He has got on with his life and has really made a name for himself. He is in the media reguarly and is very well known. He has worked with various Councils and performed at concerts throughout the UK (he is a singer). He has an accountant who deals with all his expenses and taxes. He has never used his national insurance number or claimed benefits.

When i met him a few years ago and we fell in love i asked him to get a divorce under British law. He is currently going through the divorce process but his ex has not responded at all to the solicitors or courts which is delaying things. When my fiance asked his ex for the divorce she angrily told him that she had not applied for the ILR and that he is illegal in this country. He is too afraid to ask the home office for confirmation as he feels they may deport him before the divorce comes through. His ex has known his wherabouts for the past 5 years but no-one has ever been in touch with him from the home office.

I am a Social Worker by profession and really want to help my fiance. I am willing to go to Pakistan with him if i have to. My parents are from there and i do not mind going. I am a British citizen. We keep being given different information and all we want is to put the past behind us and move on.

Can anyone offer any advice on what we can do. It would really be appreciated?]]> Tue, 03 Nov 2009 10:10:30 +0000 http://www.ukresident.com/forums/topic/116314-engaged-to-an-overstayer/ http://www.ukresident.com/forums/topic/116885-document-certifications-and-affidavits/
If you send any application along with the supporting documentary evidence to Border Agency, you always risk that your original documents will get lost either by the Border Agency itself or by Royal Mail. If it happens, nobody will probably be held accountable for it, and you will be left alone with all consequences of the loss. The document you will ask for (eg Permanent Residence card) will not be issued, and your original supporting documents (passport, P60s, P45s, pay slips, various letters of confirmation from your employers or educational establishments - many of them irreplaceable eg because of the disappearance of their originators or their unwillingness to issue any duplicates) will be missing when you need them in your further communication with Border Agency or with any other institution in the future.

Of course, there are some obvious things you can do to reduce such sort of hazard. If the Home Office allow it to you, you can prefer the personal appointment to sending your documents by post. If you must use the post (like in the case of EEA3 Permanent Residence card applications), you can make photocopies of your original documents before sending them, you can use Special Delivery rather than only Recorded Delivery, you can keep safe the confirmation of sending of your postal item to Border Agency, and of course, you can also pray.

However, what about yet even more additional security? Has anyone got any experience with getting certified copies of your supporting documents from solicitor or notary public before sending the originals to Border Agency? And/or any experience with receiving affidavits or statutory declarations for sending those particular supporting documents to Border Agency? If things go wrong and either Border Agency or Royal Mail lose your originals, can such certified copies and affidavits be really useful for you in your further communication with Border Agency? Or is it more likely that Border Agency will simply deny any responsibility for the loss and refuse processing any your applications without having the originals lost in such circumstances? At the bottom line, would you pay money to solicitors or notaries public for the certifications and affidavits, or would it be easier - if things go wrong - to give up any such attempts for any additional security, and instead to brace for collecting documentary evidence (eg of exercising EEA rights) for further qualifying periods (eg 5 years) all over and over again, until the random occasion, when your original documents do not get lost and your application is successfully processed by Border Agency, so that you can get to a further stage (eg waiting and collecting documentary evidence for the naturalisation application with the same institution)?

Thanks anyone in advance for any assessment of my dilemma and for any accounts of real problems involving the loss of suporting documents in Border Agency of elswhere in Home Office and of the ways those problems were (not) resolved.]]> Mon, 02 Nov 2009 21:06:48 +0000 http://www.ukresident.com/forums/topic/116885-document-certifications-and-affidavits/