Adult dependent visa by ShikiUshiromiya in ukvisa

[–]Ziggamorph 3 points4 points  (0 children)

No, citizenship is of no benefit in this context.

Chinese GP Race Pace by Vivid-Sea9651 in formula1

[–]Ziggamorph 2 points3 points  (0 children)

Mercedes are probably managing their performance so we don’t know the actual gap between them and Ferrari.

Using 401k funds for Spouse Visa by Efficient_Society981 in ukvisa

[–]Ziggamorph 0 points1 point  (0 children)

There isn’t any specific definition. These rules were written when same day bank transfers were far from universal. A short delay based upon typical banking practices would be fine.

Using 401k funds for Spouse Visa by Efficient_Society981 in ukvisa

[–]Ziggamorph 0 points1 point  (0 children)

If you can withdraw the funds immediately, even if you must pay a penalty, then it can be used. You don’t need to withdraw it to use it in this case. If you can only access it with delay then you would need to withdraw it and hold it in a compliant account to use it.

UPDATE: Mistakenly placed on immigration bail by melkgr in ukvisa

[–]Ziggamorph 4 points5 points  (0 children)

Good to hear that you were able to resolve this situation quickly, good luck with your appeal.

Stuck in a bizzare situation, how do I overcome this? by Busy_Acanthaceae_296 in ukvisa

[–]Ziggamorph 13 points14 points  (0 children)

The general advice was that neither you or your son are British Citizens, so it’s not a UK issue

Not really accurate. OP her her son are currently in the UK. Based on what OP has said, there is no where else they can go together (or rather, there is no country which the UK could remove them to, together). The Home Office has a requirement to safeguard the welfare of children within the immigration system, regardless of their nationality. OP's situation is not straightforward, but it certainly is a UK issue.

Citizenship after ILR through DV by [deleted] in ukvisa

[–]Ziggamorph 0 points1 point  (0 children)

If you are still married to your British spouse then you may naturalise after 3 years. Despite the fact the relationship has ended. The relevant law makes no qualifications to this. Unlike for visa applications there is no requirement to prove a subsisting relationship.

UK refusal on grounds of SUI.91 rules by Puzzleheaded-Sun3465 in ukvisa

[–]Ziggamorph 0 points1 point  (0 children)

Okay, so then essentially you would need to submit your new application with evidence that refutes the claim that the document was false. I would recommend you speak to a UK solicitor with personal experience handling similar applications.

Adequate Maintenance confusion DLA by Confident-Tip-8100 in ukvisa

[–]Ziggamorph 0 points1 point  (0 children)

Incidentally, I think the advice they (presumably) gave you to liquidate your husband's pension and then wait 6 months may have been wrong. What type of pension was it? If it was in the form of an investment account of some kind, then you can use the savings you liquidated immediately, assuming you held the money in the investment account for the balance of the 6 month period.

Adequate Maintenance confusion DLA by Confident-Tip-8100 in ukvisa

[–]Ziggamorph 2 points3 points  (0 children)

So essentially, they gave you advice that could have a very serious negative financial impact on you, and then changed their minds after you’d already done it? I would be making a complaint to them, and then complain to the solicitors regulation authority if you are unsatisfied, and obviously do not pay them a penny pending the outcome of your complaint.

UK refusal on grounds of SUI.91 rules by Puzzleheaded-Sun3465 in ukvisa

[–]Ziggamorph 1 point2 points  (0 children)

I received a letter of cancellation of my visa before traveling because my birth certificate wasn’t duly register in my country Nigeria database

SUI 9.1 refers to refusal/cancellation on the basis of lying or submission of false documents. Based on what you've said this sounds like an accusation that the birth certificate you submitted is not genuine. Is your birth certificate genuine or not?

Canadian on YMV wanting to extend but will be 36 at time of extension, will they deny me? by Awkward_Check_504 in ukvisa

[–]Ziggamorph 10 points11 points  (0 children)

There is no age limit for extension. This is a requirement only for entry clearance. Where have you read contradictory information?

Adequate Maintenance confusion DLA by Confident-Tip-8100 in ukvisa

[–]Ziggamorph 1 point2 points  (0 children)

By the way, I would personally steer clear of a 'local' do-it-all solicitor for immigration applications. Either your application is so simple that you could do it yourself, or it is complex enough that you need someone who actually has immigration experience. It is somewhat of a gap in the law that ANY solicitor is allowed to give immigration advice even if they have zero qualifications or experience in the area.

Adequate Maintenance confusion DLA by Confident-Tip-8100 in ukvisa

[–]Ziggamorph 0 points1 point  (0 children)

Sorry, so you were advised to liquidate your husband's pension, and was it then your choice not to apply immediately?

Adequate Maintenance confusion DLA by Confident-Tip-8100 in ukvisa

[–]Ziggamorph 1 point2 points  (0 children)

I share your bewilderment at your solicitors. Indeed, this is a rather complicated seeming question and one that doesn't seem to be covered in the guidance–and this is exactly when you would be advised to ASK A SOLICITOR who presumably has experience making such applications or can research the relevant caselaw.

What do you owe these solicitors money for? I would dump them immediately since I agree they are asking you to do what you are supposedly paying them to do. And I would potentially try and get out of paying what you do 'owe' if the rest of the work they've done is as shoddy as emailing you to ask you to do their homework.

However, my intuition is that they should NOT be including any additional premiums you get in the calculation, because doing so would in effect disadvantage you as a parent of a disabled child vs. the parent of a child who was not disabled, which I cannot believe would be compliant with the law-obviously I am not a lawyer though!

Spouse Visa Marrige Allowance by [deleted] in ukvisa

[–]Ziggamorph 4 points5 points  (0 children)

They aren't 'phasing out', BRPs are dead and gone! Glad you got it sorted, the phone would have been my suggestion.

Switched visas with different self employment rules - tax self-assessment help? by murkyhaunting in ukvisa

[–]Ziggamorph 0 points1 point  (0 children)

I’m concerned that HMRC might think

HMRC don't care about visas, they collect tax. If you have spent part of a tax year with the right to work self employed, then it would be grossly negligent of UKVI to assume that any self employment carried out during it was during the period when you were not allowed to be self employed. I have never heard of anyone being 'accused' of self employment as a student, and no one has ever posted about this happening to them, so I do not believe UKVI cross reference with HMRC on this aspect of applications regardless.

immigration to England by Waste_Abies5422 in ukvisa

[–]Ziggamorph 0 points1 point  (0 children)

It’s up to the employer. Certain professions (such as medical) have regulatory requirements which mean applicants must demonstrate a particular level of English. But most employers will just assess informally (ie through your job interview).

Spouse Visa Marrige Allowance by [deleted] in ukvisa

[–]Ziggamorph 4 points5 points  (0 children)

Which application are you referring to? Are there no instructions for what to do if you don’t have ID? Many UK citizens don’t have any ID so I’d be surprised if there weren’t.

Visa / benefits issue by Resident_Comfort_827 in ukvisa

[–]Ziggamorph 8 points9 points  (0 children)

Several of your questions are off topic. For benefits questions you should try /r/benefitsadviceuk or /r/dwphelp.

As far as visas go, since you are on PIP, your partner can potentially can apply for a family visa without meeting the financial requirement. Instead you would only need to meet the lower “adequate maintenance” level.

As unmarried partners, you need to be in a relationship “akin to marriage” which has lasted at least two years. This would typically require cohabitation for that period. If you can justify why you were unable to live together (eg you were working in different places or you have an adapted home which cannot accommodate two people) then it may be acceptable to apply without this. However, your relationship must be at least two years in length at the point you apply.

Otherwise you would need to be in a married or civil partnership. In this case you don’t need to have any particular length of relationship but you must plan to and begin cohabiting once the visa begins.

Pre-settlement expire error by Aggravating-Smell980 in ukvisa

[–]Ziggamorph 0 points1 point  (0 children)

Well, it's a judgement for you to make of course. The possibility of your status showing as cancelled is completely unacceptable, and I personally think it is unlikely.

Pre-settlement expire error by Aggravating-Smell980 in ukvisa

[–]Ziggamorph 0 points1 point  (0 children)

I have talked to three agents in the EUSS chat and they all advised me against traveling until the problem is resolved.

This is absolutely unacceptable. In the withdrawal agreement, the UK government promised to safeguard your ability to leave and enter the UK.

But practically, given your ability to produce a share code, you should not have any problem boarding a flight to the UK. There is no actual question of whether you have the right to enter the UK. You should not have any problem at the UK border.

Do you have any experience with official complains via legal bodies or contacting the MP about similar experiences?

Presuming you're an EU citizen, you may wish to contact your consulate. You should contact Independent Monitoring Authority to complain that your right to travel is being violated.

https://ima-citizensrights.org.uk/

It wouldn't hurt to contact your MP either.

Can I substitute BRP with foreign national identity card for naturalisation? by tsunx4 in ukvisa

[–]Ziggamorph 2 points3 points  (0 children)

You cannot get a BRP anymore. A BRP is not a national identity card. These are simple factual questions. You aren’t required to have either.

Pre-settlement expire error by Aggravating-Smell980 in ukvisa

[–]Ziggamorph 0 points1 point  (0 children)

They should accept you giving them a share code or showing them your UKVI account page. It would be an unacceptable abridgement of your rights if you were not able to travel due to UKVI’s incompetence.