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7by7

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Posts posted by 7by7

  1. No, you are allowed out of the country whilst qualifying for ILR.

    There is no actual limit on how long, but when applying for ILR you need to show that you have been resident in the UK for the last two years; which may be difficult to do if most of that time has been spent out of the UK!

  2. Indeed, it is the applicant who has to answer that question, who is presumably the boy you refer to here.

    What is your nationality? You say that the boy is your son, so if you are not Thai then surely he has your nationality as well and so can obtain a passport from your country; in which case, depending on which country that is, he may not need a visit visa at all.

    Obviously, by friends they mean people the applicant knows well. This may include people they only know through social networking sites, but not every Tom, Dick or Harry who has ticked their 'friends' box!

  3. Not sure how long information given by visa applicants is stored for; but whilst each application is treated on its own merits, obviously what an applicant or sponsor says this time may, and probably will, be checked against what they said last time.

    As you and your friends presumably always tell the truth in visa applications, I don't see a problem.

    It would help enormously if you could say what your nationality is, the nationality of the person(s) applying and their destination country.

  4. If you are transiting from outside the Schengen area through one Schengen country to another then you only need the one Schengen visa, and you should apply to the embassy of your final destination. If touring through several states then you should apply to the country you intend to visit first. However, once issued a Schengen visa is valid for entry to any and all Schengen states, of which there are currently 26, not 23.

    If you are transiting through a Schengen country from outside the Schengen area to outside the Schengen area and remaining airside then I believe that you do not need a visa at all.

    Citizens of some countries, though, do need a transit visa even if staying airside; see airport transit.

    Of course, an EU citizen does not need a Schengen visa to enter the Schengen area, or any EU state.

    Note that not all EU states are members of the Schengen area and not all Schengen states are EU members.

  5. You have to be able to show that you have been living together in a relationship akin to marriage for at least two years prior to applying. If you have documents showing that you were doing so from May 2010, fine you can apply in June this year. But one document wont be enough, I feel. Do you have letters, utility bills such as mobile phone and electricity, bank statements etc. addressed to each of you at the same address dating back to then? Addressed to you jointly would be even better.

    But you are being inconsistent!

    In your second post (post 3) you said that you started to live together in June 2011, now you are saying May 2010, or even earlier! Such inconsistencies may not seem important here, but in any LTR application you may make they will be disastrous! What address did you put on your Tier 1 application, which must have been no earlier than March/April 2011? You can't now say you were living somewhere else at that time!

    From Conditions of your stay

    If you successfully apply for a visa or to switch into Tier 1 (Post-study work), you can come here for a maximum period of 2 years. You cannot apply to extend your stay at the end of this period. You are expected to switch into another part of the points-based system as soon as you are able to do so.

    You are correct, CoAs have been abolished. Not that you would have needed one as they only applied to those whose leave to enter or remain was valid for 6 months or less and yours is 2 years.

  6. As you say, the immigration laws of different EU states may be similar,, but they are not the same.

    The language test and proposed minimum income reported and discussed at length on TV are both relevant to the UK. What the situation is for Austria, I have no idea I'm afraid.

    Regarding nationality, Thailand definitely does allow dual nationality, but I don't know if Austria does.

    All I can suggest is that you check with the relevant Austrian authorities. The Österreichischen Botschaft Bangkok would be a good place to start.

  7. I haven't been in Ireland for a long time. From friends coming over there are (were) numourous female EU nationals coming to Ireland to have children, then moving back to to Eastern Europe whilst being entitled to their weekly/monthly child allowance for the child's first 18 years.

    There were moves about halting this process but not sure if anything has been done.

    It does kind of say a lot though when a government will pay a weekly/monthly child allowance to a non-national mother and her child living in Eastern Europe for 18 years, but not help an Irish father with an Irish child.

    That's the way it goes I s'pose.

    If Ireland does do this, then I suspect that they are the only EU country which does; the UK certainly doesn't. Even British citizens, in most cases, lose their child benefit if they and the child leave the UK!

    Frankly, I suspect that your friends have been taken in by anti EU propaganda.

  8. Hi, Pingit, glad to hear from you and that all is well with you.

    Whether someone can change their visa status whilst in the UK depends on the type of visa they hold.

    Basically, if it is any type of visit visa, then they cannot change and must return to their own country and apply for the relevent visa. If it is any other type of visa which is valid for more than 6 months, then they can switch to another category in the UK. For the full details, see the link above.

    As I said before, the rule for unmarried couples is not that they have known each other for at least two years, but that they have been living together as if they were married for at least two years. There is no way round this that I am aware of.

    So, as said, bc826 and her boyfriend wont have been living together for at least 2 years when her current leave to remain expires, so they wont qualify as unmarried partners. The only way she will be able to apply to remain as his partner is if they marry.

    Do not be tempted to think that it is only a couple of months, so I'll let my visa expire in April and then apply in June; you must have a valid visa when you apply, you will not be allowed to switch if your current leave has expired..

  9. I think you are asking if Thais are allowed dual nationality; don't worry; they are.

    This question comes up from time to time. As I understand it the Thai law saying a dual national child (Thai and another) had to choose which they wanted at the age of 21 was abolished in the early 1990s.

    My wife and daughter both hold dual Thai and British nationality, and have done for over 9 years. They always use their British passports to leave and enter the UK and their Thai passports to leave and enter Thailand without any problems, and both are over 21.

    Whether France allows dual nationality, I don't know; but from your situation as described it seems that they do.

  10. You will have difficulty in showing that you have been living together for two years for one simple reason; you wont have been. June 2011 to April 2013 is less than two years.

    There is no way around this, I'm afraid; unless the two of you are prepared to marry and you then apply as his spouse.

    If a bank account regularly goes overdrawn this should not be a problem, provided the bank is happy with this. A letter from you bank confirming this wont hurt.

  11. within 28 days of the November date (27 months)

    Wrong, I'm afraid.

    As bobrussell says, the residential qualification for ILR is 24 months (not 27) and the earliest she can apply is 28 days before the 2nd anniversary of her first entry with her spouse visa. That is 28 days before 16/8/12. I make that 19/7/12, not the 24th; but if that is what the UKBA say, I'd use their date.

    The latest she can apply is the day her visa expires, i.e. 9/11/12.

    Her children's visas will have been set to expire at the same time as hers for a purpose; unusually for the UKBA, it's to save you money!, Provided the children are under 18 they can apply at the same time and on the same form as their mother and pay reduced fees. See the table on the SET(M) form.

  12. As your current leave to enter the UK is valid for more than 6 months you can apply to convert to settlement without having to leave the UK.

    However, to qualify as unmarried partners you and your boyfriend must have been living together in a relationship akin to marriage for at least 2 years. Have you been?

    Most of your questions should be answered by Can you apply? and Applying from inside the UK. So have a read of them, and any relevant links from those pages, then feel free to ask if you have any more questions.

  13. The requirement is to either pass the LitUK test or advance one level on an ESOL with citizenship course. There is no need to do both.

    The college should have assessed her level at the beginning of the course, and if she was assessed as being below Entry Level 1 and has now reached Entry Level 1 then she has made the necessary advancement.

    ESOL with citizenship is often referred to by colleges as ESOL with skills for life; so she may have done the correct course.

    The best people to tell you whether or not this course and the progress she has made in it are sufficient is the college itself; provided they are a reputable LEA college and not some backstreet English school!

    If she has met the requirement then as well as her examcertificate the college should give her a letter confirming that she has done so.

    The links posted by bobrussell above give you more detail.

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