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Jay Sata

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Posts posted by Jay Sata

  1. Weekend now and he is unlikely to be charged until Monday when he will have been in custody for 21 days in a single police cell.

    They don't seem to be in any rush despite his previous position in Thailand.

    Three weeks locked up alone in a foreign country where you cannot speak the language or pull strings can't be much fun.

    He is going to be pretty mad with Japan if and when he gets out.

  2. <p>

    Other advantages are the ability to claim benefits on the return to the UK , access to the NHS free of charge and obtain a student loan for your spouse.The UK visa route limits access to welfare for 5 years for both spouses.

    Any idea about
    • Child Benefit
    • Child Tax credit
    As I understand it you can claim these in the same way for example a Polish worker would claim if he was coming to the UK. No need for any English language tests either.
    • Like 1
  3. I see on another site that the Surinder Singh route has other advantages over directly applying for a UK Visa.

    Ireland usually process EU spouse visa applications within a month compared to the UK processing time , which can take up to 6 months and is liable to be refused.

    Other advantages are the ability to claim benefits on the return to the UK , access to the NHS free of charge and obtain a student loan for your spouse.

    The UK visa route limits access to welfare for 5 years for both spouses.

  4. Interesting story in todays UK Guardian regarding a protest in London to highlight the issues over the £18600 threshold.

    The newspaper claims immigration laws leave an estimated 33,000 people unable to remain with spouses in Britain as they do not earn enough to satisfy visa requirement

    Many in Thursdays protest who had successfully managed to settle in the UK said they had used a legal technicality known as the Surinder Singh route after the landmark case.

    It paved the way for Britons to work abroad in another European Economic Area country before bringing a non-European spouse to the UK, so EEA law on spouses, which is more generous, can take precedent.

    More here http://www.theguardian.com/uk-news/2015/jul/09/couples-protest-18600-minimum-income-rule-foreign-spouse-uk

    • Like 1
  5. I lived and worked in Singapore for a year not long ago.

    The money was great but sadly living in Singapore loses its lustre very quickly unless you like shopping centres!

    The worst thing I found was lining up for taxis that gets very old very quickly.

    It also rains a lot and the lack of space, apartment living etc are just too much to bear.

    There has to be better options than Singers.

    I agree. It is a bit like living in Perth Western Australia.

    Great climate...clean city..no crime..fantastic beaches..and after a year you feel like being on the moon.

  6. Just to clear up one point I am familiar with the Surinder Singh route and the rules that govern it which have been proved via the courts to be perfectly legal.

    I raised this topic simply because it appears this company has engineered a scheme that will generate good income by manipulating the rules.

    They sort out employment,accomodation and all the paperwork.

    It appears to be a carousel where what you pay in over the three months becomes your income on paper?

    It also absolves an applicant from any language tests?

  7. Makes no difference who the scheme is aimed at. It only works if one partner is British and one is non-EU!

    It is a scheme with the sole purpose of by-passing normal settlement rules and therefore likely to be fraudulent (In my non-qualified opinion!).

    It certainly seems so. One legal point that emerges is that this is an scheme where a third party,in this case the operators of the visa service,are in control and organise housing and employment.

    If you read their terms and conditions the individual has to comply with rules on their accomodation and is not free to make their own arrangments.

  8. This website is not difficult to find!

    It indicates that it is accredited to the Law Society (immigration & Asylum) £5000 or £6000 depending on the service you want!

    I cannot see this as anything other than a solicitor using the letter of the law and not the spirit. He gets a tidy sum up front! £1000 up front, £750 when the Irish visa is approved, £1750 when accommodation is provided, £1500 when employment starts and a tiny £500 on arrival with spouse in the UK.

    If at any time anything is refused they have done very well out of it and if the final EEA Family permit is refused the applicant has lost £4500 at least! Guess who is guaranteed to have a smile on his face at all times?

    The Law Society should control these clowns!!

    Agreed.

    Reading between the lines the accomodation etc is contrived.

    The scheme seems to be aimed at a certain sector of the community and not those with Thai spouses.

    However this abuse could lead to further tightening of the rules or time scale in which someone needs to establish a life in an EU country prior to obtaining entry to the UK.

  9. <snip>

    Anyone who acts as an immigration advisor in the UK must either be registered with the OISC or a member of a professional legal body such as the Law Society of England and Wales.

    The firm was only registered in March 2015 and has one director. The website claims it operates under the supervision of Saeeda Rashid but does not show any licensing details.

    As I understand it, any OISC registered advisor should say such on their website and display the OISC logo.

    You can also see if the company is on the register of advisors; Mr. Rashid isn't.

    But if he's a solicitor and so a member of the Law Society, or other professional legal body, he doesn't need to be.

    It appears he is.

    I take it you have seen the website?

  10. The problem is that a company set up like this is driving a horse and cart through what is a genuine legal right.

    I am sure some of you have had this google advert appear over the last week.

    As I understand it you need to do a lot more than just rent a house in Ireland and start self employment.

    You need to genuinely prove you have moved the centre of your life to another EU country?

    see https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/294755/FOI_30270_-_Annex_B_-_Notice_02-2014_-_Surinder_Singh_-_redacted.pdf

  11. Thank you, I was unaware of that; but it is certainly not possible now. Just for information and to satisfy my curiosity, any idea when the rules changed?

    Indeed, back then a spouse settlement visa was valid for 12 months after which one applied for ILR; and the ILR application was free.

    Rather, as explained to me by an ECO at the Bangkok embassy when my wife and step daughter applied for settlement in November 2000 (you could talk to them in those days), the fee for ILR was included in the fee for the initial visa.

    But when LTR fees were introduced by Blair the initial visa fee was not reduced!

    Sorry I don't know when the rules changed. The last time I know of someone using the visitor visa and converting to LTR because of marriage was mid 2001.
    • Like 1
  12. With respect, the title of this topic is a bit misleading.

    The Surinder Singh route is not a backdoor method of obtaining a spouse visa; it is a right enjoyed by any EEA national who has been living in another EEA state with his/her non EEA national family members whilst exercising an economic treaty right and now wishes to return to his home state with his/her family.

    It is perfectly legal.

    What may be dubious is the service offered by this agency.

    There is, of course, nothing illegal about one company acting as an accommodation agency, an employment agency and a visa agency; at least in the UK, I don't know about Ireland.

    However, whilst I don't know if in the UK accommodation and employment agencies need to be registered with a regulatory body, visa agencies do.

    Anyone who acts as an immigration advisor in the UK must either be registered with the OISC or a member of a professional legal body such as the Law Society of England and Wales.

    Whether a similar regulatory regime exists in Ireland, I don't know but the OP suggests this company is in the UK.

    So the first question is whether or not this company is so registered.

    Secondly, as mentioned earlier by other posters, following the Surinder Singh route is not as straightforward as some think; conditions have to be met.

    From Free Movement

    The most important change since Surinder Singh itself is the new case of O and B v The Netherlands Case C-456/12, handed down by the Grand Chamber of the Court of the European Union on 12 March 2014. Without much mentioning Surinder Singh, the judgment completely re-writes the legal basis of the earlier case and sets out important and binding new guidance.......

    Key points;

    1. A residence period of at least three months is required (para 54)

    2. Weekend visits and holidays do not count as residence for this purpose (para 59)

    3. Any citizen of the Union can potentially benefit from this right, not just workers and the self employed (references to Article 7 of Citizens Directive 2004/38 , e.g. para 56, and to Article 21 of the TFEU, e.g. para 54)

    4. During the period of residence family life must have been created or strengthened (para 51)

    5. Abuse is impermissible (para 58)

    The UK has yet to implement point 3 and still insist that the EEA national has been working in the other EEA state.

    But I think that the service offered by this company would be viewed as abuse of the system and so any applications from their clients be refused under point 5.

    For the UKVI guidance, see Apply for an EEA family permit; 6. Surinder Singh.

    The firm was only registered in March 2015 and has one director. The website claims it operates under the supervision of Saeeda Rashid but does not show any licensing details.

  13. When I got my wifes visa to live there she had a 2 year visa. Later I wrote to the Home Office and told them to put in a full residency visa which they did.

    If the rule is now a job paying 19,000 or more a year that is not a high paying job, it is about 1,600 month before taxes.

    A friend of mine has, like me, a thai wife. He took them over for a holiday on a 6 month visa and after a lot of discussion converted it upwards. I can understand if you are asking from day 1 for a residence visa. That is the hard way of doing things. Try for a 2 year visa as the spouse of a British national and see what they say.

    The rules changed w.e.f. 9th July 2012. Prior to that spouse settlement visas were valid for 27 months and after living in the UK for 24 months one applied for Indefinite Leave to Remain.

    Now they are valid for 33 months and after living in the UK for at least 30 months one applies for Further Leave to Remain. This is valid for 30 months and at the end of that one applies for ILR. Making a minimum of 5 years residence in total to obtain ILR.

    Also, prior to 9th July 2012 the financial requirement was that the immigrant spouse must be supported without recourse to public funds. There was no fixed minimum income requirement, but case law suggested that it should be the same as the income support level for a British family of the same size, currently £114.85 p.w. (£5972.20 p.a.) for a couple both over 18. This was net income, after housing costs, debt repayments etc..

    The changes which came into effect on 9th July 2012 introduced the financial requirement as we know it today; a minimum income of £18,600 p.a.

    One of the absurd aspects being it is gross income and takes no account of any financial commitments the sponsor may have. So a sponsor who earns £18,600 p.a. but has a mortgage and other debt repayments of £10,000 p.a. meets the requirement. A sponsor who earns £18,599 p.a., has paid off his mortgage and has no other debts etc. doesn't!

    The financial requirement can instead be met by cash savings, for a spouse a minimum of £62,500; or a combination of income and cash savings.

    The minimum figures are higher if children are applying as well; but not if those children are British, whether dual nationals or not, and therefore do not need a visa or leave to remain to enter or live in the UK.

    I have no idea how your friend managed to convert his wife's visit visa into settlement whilst in the UK. For as long as I have taken an interest in UK immigration, well over 10 years, this has been impossible. If a visitor wishes to apply for UK settlement they have to return to their country of residence and apply there.

    Perhaps you can ask your friend how he managed it? I'm sure there are members here who would like to do the same.

    It was possible for a spouse to enter the UK on a C six month visitor visa in the year 2000 and apply for leave to remain.

    This was usually for one year after which you could apply for ILR.

  14. This mans logic knows no bounds.

    Prayut claims it's better to buy three submarines from China and make neighbours "stand in awe of us" than just leave 36 billion baht lying around to be probably misused by the next government.

    Looking at Thailand's problems I doubt even Cambodia stands in awe of a country about to splash out all that money when the Gulf of Thailand is only 60metres deep.

    That might be one of the reasons the last time a sub was purchased was 63 years ago.

    Has anyone told him they don't come with windows? When the ill fated Malaysian Airlines flight disappeared the government in Kuala Lumpur were left red faced as their two subs could not be used. The goverment claimed they were not rescue vessels and could only be used for warfare.

    No doubt Prayut wants three for one upmanship but who is Thailand going to war with?

    During WW2 Japan just walked in!

    The navy lobbied for the purchase of submarines during the Yingluck government to no avail. No votes in such a waste of money.

    It would make a lot more sense to spend the money now on water schemes to prevent the flooding and drought cycles.

  15. This visa company seems to be pitching at the Indian and Pakistani community and not those wanting to bring a Thai spouse to the UK.

    Reading between the lines they arrange 'self employment' in Dublin and they supply documentation to back it up.

    All run from a room above a shop in Rochdale via a limited company.

    More here from their site.

    We also:

    Provide employment for the British Citizen in the EEA state for the period of up to 3 months to comply with regulation 9 or

    Help you set up a business providing services in the EEA state to comply with regulation 9 as self-employed.

    £5999 Note: This price includes the rent in the EEA state until your return.

    Total cost £7255 with a reminder this could increase by 50%

    They claim to put the spouse up in private rented accomodation.

    I have emailed the site address to a couple of people who have pm'd me but with my opinion it is a scam.

    Not going to put the site address up here as it may breach forum rules.

    I am aware of the rules regarding Surinder Singh but it appears this scheme is engineered to get around the rules. see below.

    https://www.gov.uk/family-permit/surinder-singh

  16. Certainly in BKK, same day turn around 3000 baht. (Only for applications in he morning)

    2 day - 2000 baht

    3 days - 1000 baht

    Paying a price for queue jumping.

    Renewing a Thai passport in Thailand is a piece of cake.

    Can be done down the local passport office.

    Done while you wait.

    What are you writing about?

    Not by chance mixing with getting an ID card?

    Definitely no "done while you wait" at the local offices!

    7 day delivery by snail mail is the norm.

    Data sent electronically to Bangkok, passport sent from there.

    Passports are produced in Bangkok only.

    My mistake. Last time done in Bangkok using the premium same day service.

  17. I have an advert for a spouse visa scheme using Ireland constantly popping up on my screen over the last few days. I am not going to give their website details but the Rochdale limited company appear to offer a surefire way of getting a spouse to the UK.

    Surely this cannot be legal?

    Here is their claim.

    Regulation 9 of the EEA Immigration Regulations 2006 allow British citizens who have worked and lived in another EU country to return to the UK with their spouse and children. This is also known as the Surinder Singh route.

    We obtain a visa for your spouse in Ireland, the only documents you need are your passports and marriage certificate..Once your spouse has their visa (usually within a month) , we arrange accommodation and employment for you, so everything is ready when your arrive in Ireland together. We take care of all the documentation and applications and visas so you and your spouse can enjoy your holiday in Ireland together.

    What about my accommodation?

    We place you in private accommodation, suitable for you, nearby Dublin or if you have any preferences let us know. The cost of rent is included in the package.

    What about my employment?

    One of the conditions to benefit from the Surinder Singh route is employment or self employment in the EU country. Paid employment is provided in our package, so theres no need to spend months submitting your CV and searching on job sites. If you prefer to work from home as self employed, we can set you up with a website and online business so you can spend time with your spouse and explore Ireland.

  18. As I pointed out earlier the shortage of training places for UK young people needs to be addressed and this will not be achieved while employers can access nurses,doctors etc from overseas.

    Raising Tier 2 salary levels will stop employers exploiting cheap foreign labour instead of offering more training places.

    In the past every UK hospital employed student nurses and they were trained on the job.

    David Cameron has a strategy to redress the balance in favour of more training places available in the UK.

    today (Wednesday 10 June), the PM confirmed that the Home Secretary has written to the Migration Advisory Committee asking it to advise on reducing work migration from outside the EU, while making sure Britain is open to the best talent that will help our country succeed.

    The MAC commission, which will examine how the Tier 2 (Skilled Work) visa system functions, follows the first meeting of the Prime Ministers newly-formed Immigration Taskforce, which has been tasked with reducing net migration and focuses on the domestic measures that the government can take to achieve this.

    Prime Minister David Cameron said:

    This government is on the side of working people: in the past, it has been too easy for businesses to recruit from overseas, undermining those who want to work hard and do the right thing. As part of our one-nation approach, pushed forward by my Immigration Taskforce, we have asked the Migration Advisory Committee to advise on what more can be done to reduce levels of work migration from outside the EU.

    In considering how to significantly reduce non-EEA economic migration, the MAC will advise the government by the end of the year on:

    restricting work visas to genuine skills shortages and highly specialist experts

    putting a time limit on how long a sector can claim to have a skills shortage

    a new skills levy on Tier 2 visas to boost funding to UK apprenticeships

    raising salary thresholds to stop businesses using foreign workers to undercut wages

    Source https://www.gov.uk/government/news/pm-announces-migration-advisory-committee

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