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richard_se11

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Everything posted by richard_se11

  1. richard_se11
    If he has a British passport (“the home office stating that he has a British passport”) his leave will not have run out as he would have citizenship/be naturalised. If he does not have a British passport, and his leave is about to expire he would of course need to apply for the appropriate visa. If he is estranged from your cousin, he could not apply under that basis as it would – based on being estranged from her– be untrue. It is not really possible to answer (2) or absent knowing his status now or his immigration history. In answer to (3), this is a judgment call. He would need to know what he was applying for. Some people have the competence and confidence to complete the forms, draft a suitable covering letter and supply appropriate evidence to support their application, some do not.
  2. richard_se11
    Is this what you're looking for? THE A3, A23, A202 GLA ROADS (KENNINGTON PARK ROAD, KENNINGTON ROAD AND CAMBERWELL NEW ROAD, LONDON BOROUGH OF LAMBETH) BANNED TURN TRAFFIC ORDER 2015 https://www.thegazette.co.uk/notice/2301345
  3. richard_se11
    The Immigration Rules say: 3.6.1 Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold: (DLA...) 3.6.4 The applicant will not need to meet the minimum income threshold. Instead, the applicant is required to demonstrate that they will be adequately maintained without recourse to public funds. Although it is clear that there is an exemption to the income threshold, which I understand to be the original question, you will have to show that you will be adequately maintained without recourse to public funds.
  4. richard_se11
    There is an exemption as you're on DLA; however, you'd still need to show adequate funds to maintain and accommodate the two of you.
  5. richard_se11
    There is the question as to what sort of debt it was. If it was for an overdraft, S6 probably applies and the date of accrual would be the date on which the demand was made, i.e.the February date.
  6. richard_se11
    The place to start (without having the expense of counsel) would be https://www.gov.uk/check-uk-visa/y which will tell you what sort of visa she needs, how to apply for it and the cost.
  7. richard_se11
    Is it the task bar that is showing as a couple of inches as it sounds from what you've said. If so, right click on task bar, then see whether it says lock the task bar, if it does, untick it. then hover the mouse over the top of the task bar, until the cursor changes to an arrow, then just drag it to the right place.
  8. richard_se11
    sorry, long day... "retained rights of residence" is what I should have written
  9. richard_se11
    If you look at the ever helpful gov website under EU and derivitiave rights. The eligibility period is 3 years (total relationship) so that should be straightforward enough. https://www.gov.uk/derivative-right-residence/eligibility
  10. richard_se11
    I am inclined to think it does mean longer than normal. The published service standards for something straightforward is often six months (though in reality less than that). https://www.gov.uk/government/organisations/uk-visas-and-immigration/about/about-our-services
  11. richard_se11
    8% as per S69 would add quite a bit to the judgment debt. I know such interest is discretionary and therefore up to the judge whether to award or not, but I seem to think the rule (under S69) is not applicable to simple debt claims; it is certainly not applicable where interest runs under the contract. This, I think, would exclude agreements covered by the Consumer Credit Acts. I will have to confirm this on Monday, but I think the DCA is seeking that which he is not permitted.
  12. richard_se11
    I shan’t be signing it for two reasons: i I think the proposition is ludicrous, and analogous to saying there is no warning of a camera to catch me committing an offence I should be allowed to commit it ii I am not convinced petitioning the Honourable Luke Donnellan MP, Minister for Roads and Road Safety (an Australian member of the Australian Parliament) would have any effect on the laws of England and Wales.
  13. richard_se11
    I am not sure whether that would make them a vexatious litigant. There is an example of what does amount to being a vexatious litigant on the BBC website at http://www.bbc.co.uk/news/uk-northern-ireland-34962469
  14. richard_se11
    Thank you for the replies. I have managed to get the CCTV evidence. The next stage is a polite letter to her asking whether she is aware and for her proposals to deal with it.
  15. richard_se11
    The gov.uk website has a section on who the courts have deemed to be vexatious litigants, and site has a definition of the same. There is of course there is a proper definition in the CPR https://www.gov.uk/guidance/vexatious-litigants What have they done to suggest they are a vexatious litigant?
  16. richard_se11
    You might be advised to remove your bank details from the email trail!
  17. richard_se11
    Someone has kindly driven into my car in the office car park. I am hoping that there is evidence available in the form of CCTV so that I might find the culprit and deal with the situation appropriately, but looking at the photo attached, does it look as though new wing/door are needed or that the damage will t-cut out?
  18. richard_se11
    on what grounds have they denied her entry to the country? much could depend on your status, are you an EEA National? your best bet is to contact a decent solicitor/direct access barrister. It may be possible to issue an interim interlocutory prohibitory order preventing the SSHD from deporting her, or they may be able to do something, but it is not likely to be cheap.
  19. richard_se11
    There is a handy guide at http://www.advicenow.org.uk/guides/deal-interview-under-caution which goes through how to deal with an interview under caution. I know you say you are a newly qualified nurse applying for posts. Are you in one of the nurses’ unions yet, if so their legal departments could be able to help. If not, have you looked at the possibilities of Civil Legal Advice and/criminal legal aid. Depending on your circumstances these may be available. I am not convinced with the suggestion that you would be able to take a friend into the interview with you for moral support.
  20. richard_se11
    To do as I think you mean (refer to old visa in new passport) would be a common sense approach, but that is not what happens. The point of the original post is that ILR (Indefinite Leave to Remain ) is of course indefinite; it does not expire. If potential employers, through their lack of understanding, advise that they cannot employ a person until the old visa is transferred to the new passport: a) They are wrong b) They are encouraging people to spend money which is not necessary (the cost to transfer is £260 per person for a postal application (or £660 in person)).
  21. richard_se11
    The corollary of the rules that employers are required to vet and ensure non-UK nationals are legally entitled to work in the UK is that employers are giving erroneous advice to potential employees – and potentially illegal advice if they are not prescribed providers under the relevant provisions of the Immigration Acts. The point in question: Mr X has ILR and the original stamp is in an expired passport, the new passport has a new stamp which refers to the visa being in the old passport. The potential employer says, wrongly, that no, you can’t have a job because you are supposed to transfer your visa. In reality the immigration rules say that this is not the case, and any visa endorsed and still valid in an old passport remains valid…and does not have to be transferred.
  22. richard_se11
    Property/Land law is one of the (six?) core subjects of a qualifying law degree; when I read for mine the recommended texts included, inter alia, Gray on Land Law. If you are interested in this area, it might be a good place to start.
  23. richard_se11
    You would need to plead the court costs as part of your suit. With the Claim fee of £25 and Hearing fee £25 you have already spent double what the case is worth (more if other applications have to be made). If you sue the defendant for £x plus costs of £50 (claim fee and hearing fee), you win the case, have acted in accordance with any pre-action protocols then the judge may order the defendant to pay that fee. If s/he considers that the case is frivolous that you are wasting the court’s time and any hearing is not in accordance with the overriding objective of the court s/he won’t. I suppose the question is: is it reasonable to spend twice as much as you are suing for.
  24. richard_se11
    also, if you can download and run ccleaner. I always find that helpful as it gets rid of a lot of the dross and makes systems faster.
  25. richard_se11
    If you feel that you are being discriminated against because of your sexuality, I would be inclined to contact Stonewall http://www.stonewall.org.uk/what_we_do/information/10911.asp who should be able to advise you properly and put you in touch with people who can help.

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