Comments for Free Movement http://freemovement.wordpress.com Updates and commentary on immigration and asylum law Mon, 09 Nov 2009 10:19:08 +0000 http://wordpress.com/ hourly 1 Comment on Spouse applications and appeals by freemovement http://freemovement.wordpress.com/2007/06/20/spouse-applications-and-appeals/#comment-3992 freemovement Mon, 09 Nov 2009 10:19:08 +0000 http://freemovement.wordpress.com/2007/06/20/spouse-applications-and-appeals/#comment-3992 Get a good lawyer. Good lawyers usually cost good money. Get a good lawyer. Good lawyers usually cost good money.

]]> Comment on Cambridge College of Learning considered by ali http://freemovement.wordpress.com/2009/09/08/cambridge-college-of-learning-considered/#comment-3991 ali Sun, 08 Nov 2009 23:16:10 +0000 http://freemovement.wordpress.com/?p=677#comment-3991 what happening to all the people that are in the forum and got the decision from the AIT, they have already limited time. so what will happen to them as they do not have time to appeal and go to high court? when are you going to high court and what will happen to them?????? what happening to all the people that are in the forum and got the decision from the AIT, they have already limited time. so what will happen to them as they do not have time to appeal and go to high court?

when are you going to high court and what will happen to them??????

]]> Comment on Spouse applications and appeals by mann http://freemovement.wordpress.com/2007/06/20/spouse-applications-and-appeals/#comment-3989 mann Sun, 08 Nov 2009 07:34:45 +0000 http://freemovement.wordpress.com/2007/06/20/spouse-applications-and-appeals/#comment-3989 hi i got question about re-entry ban paragraph 320 7b i came in 2003 via hethrow,i hav't had transit visa dat time,so immigration office took my passport and they take my finger print and gave me 8 hour's to go out and come back. i breech law,i never go back.my partner got a T1 visa she can apply for indefinate after 2 and half year.now i want go back my home country INDIA and want come back legally. i read in above paragraph 320 7b its not apply if i apply as a spouse.iam confuse what i have to do now.becouse i got good settled business here .and if i go back and ban apply's on me then its gona takes too long to come back,and i dont wana loose my business and my partner,please give me good advice.i feel iam in big MESS!!!.i knw i made this mess for my self :( looking positive answer from you.thanks in advance hi

i got question about re-entry ban paragraph 320 7b

i came in 2003 via hethrow,i hav’t had transit visa dat time,so immigration office took my passport and they take my finger print and gave me 8 hour’s to go out and come back.
i breech law,i never go back.my partner got a T1 visa she can apply for indefinate after 2 and half year.now i want go back my home country INDIA and want come back legally.

i read in above paragraph 320 7b its not apply if i apply as a spouse.iam confuse what i have to do now.becouse i got good settled business here .and if i go back and ban apply’s on me then its gona takes too long to come back,and i dont wana loose my business and my partner,please give me good advice.i feel iam in big MESS!!!.i knw i made this mess for my self :( looking positive answer from you.thanks in advance

]]> Comment on Cambridge College of Learning considered by kobi http://freemovement.wordpress.com/2009/09/08/cambridge-college-of-learning-considered/#comment-3985 kobi Sat, 07 Nov 2009 02:18:48 +0000 http://freemovement.wordpress.com/?p=677#comment-3985 HI Rizoo Is there any update news for CCL students? HI Rizoo
Is there any update news for CCL students?

]]> Comment on Grounds of appeal in one stop appeals by freemovement http://freemovement.wordpress.com/2009/10/26/grounds-of-appeal-in-one-stop-appeals/#comment-3984 freemovement Fri, 06 Nov 2009 10:10:34 +0000 http://freemovement.wordpress.com/?p=810#comment-3984 I feel I'm repeating myself here and this isn't a great place to deliver basic law lectures. Such comments will not be the ratio decidendi, i.e. the core, binding element of a judgment, but may be influential. I'm sorry if my answer is fuzzy, but this is not a straightforward question to answer. I feel I’m repeating myself here and this isn’t a great place to deliver basic law lectures. Such comments will not be the ratio decidendi, i.e. the core, binding element of a judgment, but may be influential. I’m sorry if my answer is fuzzy, but this is not a straightforward question to answer.

]]> Comment on Points Based System in trouble by freemovement http://freemovement.wordpress.com/2009/05/26/points-based-system-in-trouble/#comment-3983 freemovement Fri, 06 Nov 2009 10:08:11 +0000 http://freemovement.wordpress.com/?p=583#comment-3983 They have confirmed - but if you look at the exact terms of the PBS rules all one is required to have is either leave as x or <em>to have last been granted leave as x</em>, so it is clear on the face of the rules. Obviously, any re-application needs to be exactly right with all the required evidence, t-s crossed and i-s dotted. They have confirmed – but if you look at the exact terms of the PBS rules all one is required to have is either leave as x or to have last been granted leave as x, so it is clear on the face of the rules. Obviously, any re-application needs to be exactly right with all the required evidence, t-s crossed and i-s dotted.

]]> Comment on Grounds of appeal in one stop appeals by vHF http://freemovement.wordpress.com/2009/10/26/grounds-of-appeal-in-one-stop-appeals/#comment-3981 vHF Thu, 05 Nov 2009 17:04:28 +0000 http://freemovement.wordpress.com/?p=810#comment-3981 How about when a judge agrees with the decision and the main body of the determination written by his colleague, but adds a few remarks himself? Can such remarks be relied upon in future cases? How about when a judge agrees with the decision and the main body of the determination written by his colleague, but adds a few remarks himself? Can such remarks be relied upon in future cases?

]]> Comment on Points Based System in trouble by Kevin http://freemovement.wordpress.com/2009/05/26/points-based-system-in-trouble/#comment-3980 Kevin Thu, 05 Nov 2009 13:41:18 +0000 http://freemovement.wordpress.com/?p=583#comment-3980 Thanks FM, Good to know that there is some come sense being applied somewhere along the line. So am I right in reading that they have confirmed they will exercise discretion regading an application even if leave has lapsed? I just get the feeling that it may be a little like russian roulette on re-applying and will come down to the processing officer on the day. Thanks FM,

Good to know that there is some come sense being applied somewhere along the line. So am I right in reading that they have confirmed they will exercise discretion regading an application even if leave has lapsed?
I just get the feeling that it may be a little like russian roulette on re-applying and will come down to the processing officer on the day.

]]> Comment on Points Based System in trouble by freemovement http://freemovement.wordpress.com/2009/05/26/points-based-system-in-trouble/#comment-3979 freemovement Thu, 05 Nov 2009 11:36:46 +0000 http://freemovement.wordpress.com/?p=583#comment-3979 Kevin, UKBA has confirmed to immigration lawyers that they will consider and if the criteria are met grant applications made once an appeal is ended even if leave has lapsed. Any such application should be made promptly, though, and it may be necessary to include evidence that there is no outstanding appeal, such as evidence that the appeal has been withdrawn. Kevin, UKBA has confirmed to immigration lawyers that they will consider and if the criteria are met grant applications made once an appeal is ended even if leave has lapsed. Any such application should be made promptly, though, and it may be necessary to include evidence that there is no outstanding appeal, such as evidence that the appeal has been withdrawn.

]]> Comment on Points Based System in trouble by Kevin http://freemovement.wordpress.com/2009/05/26/points-based-system-in-trouble/#comment-3978 Kevin Thu, 05 Nov 2009 11:11:41 +0000 http://freemovement.wordpress.com/?p=583#comment-3978 FM thanks for an excellent site proving some valuable dialogue on these issues. I too am stuck with the same problem regarding the maintenance requirement of extending a visa under the PBS, had my application denied in August and the Appeal was heard in October; I am currently waiting for the determination. I cant describe how incredibly frustrating it is to sit in front of a judge that agrees that the system is essentially flawed but states he is unable to rule against the HO. I am sorry to say but anybody relying on the AIT for redress to a visa appeal for this requirement is facing some very bleak prospects and a very long fight. Personally I need to decide between re-applying under the 28 day concession or to carry on appealing. Has anybody had much luck in re-applying within the 28 day period after leave to remain has expired? The only way through this seems to be to share the collective experience and look to organise an action group to fight the HO. Anyone interested please mail me on Tier1action@gmail.com Kevin FM thanks for an excellent site proving some valuable dialogue on these issues.

I too am stuck with the same problem regarding the maintenance requirement of extending a visa under the PBS, had my application denied in August and the Appeal was heard in October; I am currently waiting for the determination. I cant describe how incredibly frustrating it is to sit in front of a judge that agrees that the system is essentially flawed but states he is unable to rule against the HO.
I am sorry to say but anybody relying on the AIT for redress to a visa appeal for this requirement is facing some very bleak prospects and a very long fight.
Personally I need to decide between re-applying under the 28 day concession or to carry on appealing.

Has anybody had much luck in re-applying within the 28 day period after leave to remain has expired? The only way through this seems to be to share the collective experience and look to organise an action group to fight the HO. Anyone interested please mail me on Tier1action@gmail.com

Kevin

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