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Koratcat1
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Posts posted by Koratcat1
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Using different words, all three agree that there is a risk of being refused entry.
As I said, I do not know a thing about visas to the UK and am reading this only for its amusement value.
The way I see it the thread progressed quite civilly until Koratcat1 introduced himself into it with some aggressive language such as “You were wrong this time - accept it” and “I'm surprised you didn't know this being the expert an' all”. How about cooling it a bit, Koratcat1?
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Maestro
Point taken.
We weren't agreeing, and still don't.
Whatever. If anyone gives a hoot all the legislation, policy, and most guidance to ECOs, ECMs and IOs is accessible though UK visas and UK Borders and Immigration websites and links therefrom. My area of expertise before retiring.
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By the way nobody is outside the immigration rules. Nobody is outside the law
So no-one's 'illegal' then and the term is meaningless
Not at all. The term outside the law applies to those who believe the law does not apply to them. Illegal means to contravene or break the law. Semantics again.
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Thanks Mahout.
Just one other thing. I was under the impression that the biometric photo and finger printing only need be done once and would then be stored for a number of years and could be used for future applications.
Is this not the case?
Iain
My wife very recently obtained a visit visa. She was not required to be finger-printed or photographed. I stand to be corrected but I believe that, at the moment, this is only for British passport renewals.
Sorry your thread has been hijacked but some interesting issues have been thrown up.
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Don't rely on Sunbelt. They self evidently have limited experience of this
I suggest to members reading the above to ignore it as the poster has evidently produced no evidence in support of his statement.
Anyway, I believe any member who has read this forum for a few months will be able to form his/her own opinion about the experience of Sunbelt.
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Maestro
I am in no doubt of the knowledge and expertise and experience of Sunbelt in legal and immigrastion matters. I know a couple of peple who have used their services and are completely satisfied. And there are many testimonials to their professionalism in this forum
I use the term "self-evidently have limited experience" because this is such a rare occurence that I must be correct. My advice is given honestly and concurs with that consistently given on this site - get to the airport. Thats what I would do.
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So with only 28 posts under your belt you are the expert????????????????
What has post count got to do with the price of fish?
Go with the airport option as per Neeranam. No problems.
Some dangerous advise going around here. In Neeranam's case he didn't mention if his acquaintance still had his passport with his entry stamp in it. In the case here, no entry stamp shown in the passport suggests illegal entry into the country to immigration and there has been a past topic(s) where an individual was jailed then deported because of that missing stamp. Yes I know, it should be on record - but this is Thailand.
2nd, if he gets detained/arrested by the police before arriving at either immigration (better choice) or the airport, he is pretty much guaranteed to get some time in IDC.
I agree, Sunbelt is the best option.
The fact he has a new passport, rather than an emergency one suggests he has his old passport.
He is more likely, by reference to this forum, to be detained at an immigration office than the airport.
His chance of being stopped en route to the airport or an immigration office are virtually nil.
Every overstayer posting on this site is advised to get straight to the airport. 1 day or 10years this is the best advice. No disrespect to Sunbelt but showing clear evidence of leaving the country (i.e. turn up at BKK with a ticket and 20k THB) is the way to sort this out - in my opinion.
If he doesn't have the old passport with an entry stamp then he needs to ensure he has sufficient funds for a one way full fare ticket on a direct flight to his home country then seek consular assistance.
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Sunbelt's 3k baht offer is a real bargain. Imagine waltzing into Suan Phlu on a multi-year overstay to get a replacement entry stamp. The stink of fear from the I.D.C. lingering in the air. And the conversations that will ensue......farang! why you overstay! how long! mafia!
The legal representation might be a good idea, you're still a looong way from the airport.
Could not agree more - that 3k THb is a bloody pittance for him to pay in that situation for a bit of backup and peace of mind.
Don't rely on Sunbelt. They self evidently have limited experience of this situation and lawyers are not popular with all immigration officers.
Book a cheap flight out the country. Go to the airport with both old and new passports. Do not go to an immigration office. You risk detention until you can come up with the price of an air ticket to your home country.
Check in staff only care you have a valid passport and necessary visa for destination.
Immigration attitude will be pay up, eff off and good riddance (and respect, man, for getting away with it for so long).
What advice did his embassy give? They must have said something.
So with only 28 posts under your belt you are the expert????????????????
Follow the Sunbelt advice.
I offer an opinion. I do not claim to be an expert. I do however know what some immigration officers think of lawyers. I may be new to the forum but not new to Thailand.
If only experts posted there'd be sod all worth reading.
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Sunbelt's 3k baht offer is a real bargain. Imagine waltzing into Suan Phlu on a multi-year overstay to get a replacement entry stamp. The stink of fear from the I.D.C. lingering in the air. And the conversations that will ensue......farang! why you overstay! how long! mafia!
The legal representation might be a good idea, you're still a looong way from the airport.
Could not agree more - that 3k THb is a bloody pittance for him to pay in that situation for a bit of backup and peace of mind.
Don't rely on Sunbelt. They self evidently have limited experience of this situation and lawyers are not popular with all immigration officers.
Book a cheap flight out the country. Go to the airport with both old and new passports. Do not go to an immigration office. You risk detention until you can come up with the price of an air ticket to your home country.
Check in staff only care you have a valid passport and necessary visa for destination.
Immigration attitude will be pay up, eff off and good riddance (and respect, man, for getting away with it for so long).
What advice did his embassy give? They must have said something.
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Not rubbish at all. I am correct. An illegal is resident by virtue of his voluntarily living in the UK. You may feel indignant but that doesn't change the fact. Relevant UK legislation is accessible on the internet.
No - you're wrong. Scouser, as is his wont, stated the position succinctly and accurately: "a foreign national is not defined under immigration law (i.e. for the purposes of their immigration status) as being resident (i.e. settled) until they are in possession of indefinite leave".
An 'illegal' is not a resident of the United Kingdom. 'Illegal' means you are treated as outside the Immigration Rules and you were never legally present in the UK. You are liable to be detained and removed unless given leave to remain.
Please point us to this 'relevant UK leglislation' that you speak of.
Believe who you will. I really can't be bothered to prove you have no idea what you are talking about.
The internet is a wonderful tool. Most UK legislation is accessible. Immigration law, policy and guidance readily so.
By the way nobody is outside the immigration rules. Nobody is outside the law. If they were they couldn't be prosecuted.
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This is very bad news. The food is excellent, a far cry from the greasy spoon rubbish churned out in the other so-called pubs in Korat, and the owner is a great guy.
When are we going to get a decent authentic pub in Korat as opposed to the grotty holes in the wall we currently have to live with. Surely there is someone out there willing to risk a few million baht?
Yeah, our friends think the Pasinee is a nice place to eat; I'd be a lot fonder of it if I liked Lebanese food at all. I'd eat at a Farang Connection branch a lot more than I eat at the Pasinee!
What do you mean by a decent authentic pub? I think of a place that is indoors, has lovely booths to sit in, and serves a variety of appetizers, snacks, and meals to go with booze if you choose to drink. There must be a bar with barstools, and a darts board. A place where you can go any time of day for quick refreshment. am I on the same page?
You are on the same page. But add draught beers, laughter (not the usual sad old f*rts who live in Korat), bar staff who don't want to trouble you with their problems and sob stories, the right to ask for a beer when you want one rather than being pestered and a place that doesn't remind me that I am just another of the sad old f*rts. Basically a place with LIFE, where you are not surrounded by lifes other flotsam.
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Having spoken to Jersey immigration, I have no reason to not believe what the IO told me which is that NO criminal record check is required in respect of any nationality.
Jersey now does have a Rehabilitation of Offenders Act if you care to check.
How much more misleading nonsense are you going to peddle?
Scouse.
Scouser,
Where did I say Jersey did not have a Rehabilitation of Offenders Act. It most certainly does. I even recommended you read it. What I said was it is not relevant (to this issues raised in this thread).
As regards your last question? Give me one instance of something I have stated that you know to be incorrect.
We must await the OP confirming that a Criminal Record check was requested.
As regards your first two sentences. I could say I have checked with Jersey states. I don't because I don't need to and saying something does not make it true.
It is suggested I am deliberately having a go at you. Yes. You invariably provide good advice and informed comment. But increasingly you tend toward condecension and arrogance when challenged or contradicted.
You do not accept you can be wrong as you have proved in this thread.
Check your facts or butt out because people posting here rely on you.
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Sorry but she does not even qualify 2 year visa!!!!!!!
She must have had two six months uk visitors visa before she can apply.
You are wrong.
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"An illegal can be "resident" if he can demonstate an intent to remain here. "
What absolute rubbish!! An illegal has no legal immigration status unless/until this is granted by the Home Office, whatever his "intent". If someone is served with a notice as an illegal entrant and not removed or detained, which lamentably is all too frequently the case, he is given "Temporary Release" , the notice of which says specifically "you have not been given leave to enter or remain", and he is given reporting restrictions which confer no rights on him at all.
I think your attempts to get one up on the Scouse, who has been reliable and constant in his advice for a considerably longer time than you have been around, is doing a disservice to members,
Not rubbish at all. I am correct. An illegal is resident by virtue of his voluntarily living in the UK. You may feel indignant but that doesn't change the fact. Relevant UK legislation is accessible on the internet.
If the Scouser is wrong then he is wrong. That he has been around longer than I should not lend credibilty to his advice.
Consider his last post in this topic. He contradicts himself by saying "resident" is not defined whereas previously he asserted it was. The rest is just waffle.
A good service to members is to provide accurate information and support to forum members. Surely?
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What do you have against Sakon Nakhon anyway? "Geen mah mai?"
Nothing specific. I have the misfortune to live in Korat which I consider to be the ars*h*le of the world. Venturing further into Isaan would mean I was in the world's intestines. Just my jaundiced view.
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Sunbelt's 3k baht offer is a real bargain. Imagine waltzing into Suan Phlu on a multi-year overstay to get a replacement entry stamp. The stink of fear from the I.D.C. lingering in the air. And the conversations that will ensue......farang! why you overstay! how long! mafia!
The legal representation might be a good idea, you're still a looong way from the airport.
Seconded.
A real bargain.
Even if it goes totally pear shaped at least there is someone there who would communicate back to his friends (and he does seem to have one or two) that he is in the IDC and could assist him in getting out and leaving the country.
Yes, that's cheap. I'd be heading to Sunbelt immediately if I was you.
The fact Sunbelt are offering their services so cheap is evidence they are confident he will face no problems at the airport. He wil be required to pay his fine, his name will be checked against their database of wanted farangs and off he will go. Why would they detain him? Good riddance is the policy.
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The most straightforward means of seeking a definitive answer is to get it from the horse's mouth. I have spoken to Jersey immigration who state that a criminal record check is not required as part of the application process.
Of course, this does not prevent an IO refusing entry under the provisions of para 320 of the Immigration Rules should it come to his attention that the individual does have a criminal record. However, if this were to happen, other factors come in to play such as the provisions of the Rehabilitation of Offenders Act as it applies in Jersey.
Scouse.
It may not be "required" but it is being asked for. I can only suggest it is not being required for all nationals and a denial is better than being faced with accusations of racism. As a lawyer you'd know all about covering your back.
You may be aware that last year the issue of Thai women overstaying their visas and working illegally in restaurants was raised in the Jersey legislature -and no I'm not making this up - they tend to stand out in such a small place. This caused Jersey to tighten it's policy toward Thais generally.
As regards the law being the same in UK (as raised by another poster)-yes, I never said it wasn't -in fact Jersey legislation is cross referenced with UK legislation. Difference is UK immigration law is not as strictly enforced in this respect. Jersey is a small island and the influx of foreigners is more of an issue.
The Rehabilitation of Offenders Act is not relevant -when you read it you'll agree.
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If she entered UK on a settlement visa, once there, she would be considered resident in UK ....
Not as defined by immigration law. She would only become resident once in possession of indefinite leave.
So, to take Iain's girlfriend as an example, providing that the circumstances which pertained at the time her visa was issued were to continue to pertain, then there's no reason to think that she would be in danger of being refused entry as the holder of an unmarried partner's settlement visa.
The relevant paragraph of the Immigration Rules indicates that such an application is made with a view to settlement. This does not constitute a requirement to so settle.
Scouse.
You are quite quite wrong. Once again Monsieur Angrit is right. Residence is NOT repeat NOT defined in immigration law but by legal precedent. (You may be confused with "returning resident" which IS defined as someone who previously was "settled" in immgration law terms). A person can be ordinarily resident in the UK without having ILR. And no, we are not becoming confused with residency for taxation puposes. A person is resident if he is settled. Not "settled" as used in immigration legislation. Settled as in I'm here, this is where I live and I intend to stay (I over simplify because a person can be deemed resident in two countries). An illegal can be "resident" if he can demonstate an intent to remain here.
A Thai wife entering on a settlement visa could indeed be deemed resident from the day of arrival provided she could demonstrate intent to remain and not just come here to suss out the lie of the land.
I'm surprised you didn't know this being the expert an' all.
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Can you eplain to me what is a "Schengen Visa" and how to apply. I am a Brit living in Thailand working in Saudi when the project ends I intend to take a month out to show my TGF around Europe France, Spain Portugal and vist friends living in Germany, my TGF and I have have recently visited the UK so she has had a multi entry UK visa
As your GF has passed obtained a UK visa she should have no problem getting a Shengen visa.
Unlike UK visa she must obtain health insurance. Otherwise just the usual evidence of intent to return and letter from you, assuming you are paying. She needs to say where you intend to stay but she can be vague with you as guarantor as they ain't daft and know you are not going to book accommodation until you get the visa. Incidentally if she was married to you she would get an EU family permit which is issued FREE. Yeah crazy. I take my wife on holiday to UK costs 4500baht, or thereabouts. Take her to France or wherever FREE.
"Schengen" is a town in Luxembourg where the original agreement was signed.
The Schengen countries are: Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Italy, Greece, Luxembourg, Netherlands, Norway, Portugal, Spain and Sweden.
With this visa she can travel freely around what is a common travel area. There are only occasional border checks (I have crossed by train Germany/Austria/Italy on several occasions and always had on-board ID/passport checks).
As she intends to visit several Schengen countries she applies for the visa at the Embassy of the country which is your main destination or if there is no main destination at the Embassy of the country which is your first point of entry.
The visa is valid for 90 days from date of entry (single entry) or date of first entry(multi-entry).
If you remain with the Shengen area you do not need a multi entry.
Doh!!! Correction. Multi-entry is valid for a total of 90 days within the six month period starting from date of first entry.
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Regarding renewal of retirement visa.
First, it isn't a "letter" that you need, it is a statement which you fill out regarding your monthly income which the consular officer notarizes. The US embassy provides the form. The officer does not verify the information about your income but simply verifies that you are the person who signs the notarized statement. You do not need to present supporting documentation. I suggest $2,500+ as an amount to met immigration's requirements.
Second, at immigration, you present your notarized statement as part of your renewal documents and get your new 1 year visa. I've never had immigration ask for supporting information.
I believe, but do not know, that other embassies provide the same service. All the best.
Re. what I have highlighted. How many times,if any, have you extended after 12 months?
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Can you eplain to me what is a "Schengen Visa" and how to apply. I am a Brit living in Thailand working in Saudi when the project ends I intend to take a month out to show my TGF around Europe France, Spain Portugal and vist friends living in Germany, my TGF and I have have recently visited the UK so she has had a multi entry UK visa
As your GF has passed obtained a UK visa she should have no problem getting a Shengen visa.
Unlike UK visa she must obtain health insurance. Otherwise just the usual evidence of intent to return and letter from you, assuming you are paying. She needs to say where you intend to stay but she can be vague with you as guarantor as they ain't daft and know you are not going to book accommodation until you get the visa. Incidentally if she was married to you she would get an EU family permit which is issued FREE. Yeah crazy. I take my wife on holiday to UK costs 4500baht, or thereabouts. Take her to France or wherever FREE.
"Schengen" is a town in Luxembourg where the original agreement was signed.
The Schengen countries are: Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Italy, Greece, Luxembourg, Netherlands, Norway, Portugal, Spain and Sweden.
With this visa she can travel freely around what is a common travel area. There are only occasional border checks (I have crossed by train Germany/Austria/Italy on several occasions and always had on-board ID/passport checks).
As she intends to visit several Schengen countries she applies for the visa at the Embassy of the country which is your main destination or if there is no main destination at the Embassy of the country which is your first point of entry.
The visa is valid for 90 days from date of entry (single entry) or date of first entry(multi-entry).
If you remain with the Shengen area you do not need a multi entry.
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GROUNDS FOR REFUSAL OF ENTRY CLEARANCE OR LEAVE TO ENTER JERSEY INCLUDES:
(18) save where the Immigration Officer is satisfied that admission would be justified for strong
compassionate reasons, conviction in any country including the Bailiwick of Jersey of an offence
which, if committed in the Bailiwick of Jersey, is punishable with imprisonment for a term of 12
months or any greater punishment or, if committed outside the Bailiwick of Jersey, would be so
punishable if the conduct constituting the offence had occurred in the Bailiwick of Jersey;
Hence the requirement for a criminal record check.
Although an application for other than a very short visit is referred to Jersey it would normally be accompanied by a recommendation by the UK ECO. Unlike UK there is no right of appeal.
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Hey Jersey, did you need one , out of interest.
I know there are are certain differing rules between the UK and Jersey as stated by yourself in previous posts, so did you need one?
Moss
Jersey immigrations rules are stricter than those of the UK. An immigration officer has the right under directions made by the Lieutenant-Governor to refuse entry to anyone with a criminal record. Intending immigrants are therefore required by the UK ECO acting on behalf of the Bailiwick to obtain a criminal record check although I understand minor offences would be disregarded. This is not enforced for visits less than 6 months.
ECOs may also request a medical certifcate. Jersey rely on the ECO discretion in this matter. In any event a person intending to stay more than 6 months must see a Doctor before clearing Jersey immigration.
Edited to give HMQ representative his correct title
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Scouser,
IMMIGRATION DIRECTORATES' INSTRUCTIONS – Feb 2006
CHAPTER 2
SECTION 1 - VISITORS (GENERAL) ANNEXE A
4. FREQUENCY AND DURATION OF VISITS
There is no restriction on the number of visits a person may make to the United
Kingdom nor any requirement that a specified time must elapse between
successive visits................It is reasonable, however, for the immigration officer to consider the stated
purpose of the visit in the light of the length of time that has elapsed since
previous visits. A visitor should not, for example, normally spend more than 6 out
of any 12 months in this country ............
Thanks for that KK1, but what you have quoted is not legislation, merely the policy instructions.
Quite so. Semantics -you being a lawyer will be an expert. I never stated it was legislation. It is policy, in the public domain, made to accord with the legislation and as such a immigration officer would be acting lawfully if refusing ENTRY TO a person who had already remained in the UK for more than 6 months in any 12 months period. If that person was visiting a spouse he/she could be viewed as attemting to circumvent the more arduous requirements of a settlement visa. Monsieur Angrit was correct. By asking for legislation you implied he was wrong. You were wrong this time - accept it.
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Does anybody know anywhere in Sakon Nakhon that can make me some windows and stick them in the hole. I'll be blowed if I can find anywhere but with all the new houses being built all around somebody somewhere must be able to do it. Any help would be greatly appreciated as the wife gets upset when I wear welly boots in the house.
Never set foot in Sakon Nakhon in my life and hopefully never will but why not get your wife (I assume she is Thai) to speak to the builders building one of the many houses being built all around. They are sure to know
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This is very bad news. The food is excellent, a far cry from the greasy spoon rubbish churned out in the other so-called pubs in Korat, and the owner is a great guy.
When are we going to get a decent authentic pub in Korat as opposed to the grotty holes in the wall we currently have to live with. Surely there is someone out there willing to risk a few million baht?
Police Check For Uk Sett Visa?
in Visas and migration to other countries
Posted
Well old chap. I think it reasonable to assume OP is from Jersey. If not it made for an informative thread.
Rest of your post I run through Babelfish but nothing intelligible came out. I even tried English.